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Research On The Probation System For Delinquent Minors

Posted on:2020-08-23Degree:MasterType:Thesis
Country:ChinaCandidate:L J WangFull Text:PDF
GTID:2416330575989349Subject:legal
Abstract/Summary:PDF Full Text Request
At present,there are certain models for the probation system of minors in China,and the relevant regulations are scattered in laws and regulations,but there are no normative documents to systematize them.The current probation is mainly used to correct juvenile offenders and to replace imprisonment measures for non-local minors.After consulting with the experience of countries and regions with complete legal systems and institutions for minors,it was found that both Japan and Taiwan included delinquent juveniles into the probation system,but only adopted different procedures and measures from criminal minors.China's minor probation system is less systematic,and the object of protection is incomplete.With the advancement of the judicial system reform of minors,many scholars have begun to study the issues of the system of minor probation and protection in recent years.In the judicial field,a wave of reforms driven by procuratorates has been formed,including establishing Minor Procuratorate,exploring social investigation system,and the establishing probation bases.Beijing,Shanghai,Jiangsu and other places have been at the forefront of developing minor probation measures,and have drawn many successful experiences.The "2018-2022 Procuratorial Reform Work Plan" also systematically proposed the content of prevention,such as critical prevention,family prevention,grading and protection of minors.The path of establishing minor probation system and integrating delinquent minors into the system are gradually clear.Due to the incompleteness of the system and the large differences between the regions,this thesis investigates and analyzes the crimes involving minors in S Autonomous prefecture,reflecting the progress of the border areas in the judicial reform of minors,and how to learn some advanced experience,for carrying out a theoretical discussion on the establishment of this system,and also provide practice ideas for the underdeveloped areas.The types of crimes committed by minors in S Autonomous prefecture are similar to those in other regions.They are mainly based on property,violence and social order,and because of geographical proximity to the birthplace of drugs,local minors are highly prone to drug-related behavior.According to the empirical research of others,the factors affecting the deviant behavior of the minor include the self-concept of individual growth,the family education and economic status,the interaction between teachers and students in the school and the interaction between peers,and the society's accommodation for minors and so on.Therefore,establish the system of protection can draw on the advanced experience of other regions on the one hand,and on the other hand,it should be carried out in a targeted manner in light of the characteristics of the region.This thesis studies the relationship between cultural customs,social structure and economic development of S autonomous prefecture and the illegal behavior of minors,then proposes to take measures to protect the minors.Finally,it is concluded that based on the existing model of the substantive law,we need to develop the probation system,scale up the minors which are non-judicial in to system,and completely consider the social foundation of S autonomous prefecture,put forward the measures include doing scientific research,innovating inter-departmental cooperation mode,carrying out project research and deepening the theoretical research depth and other perfect ones.
Keywords/Search Tags:Delinquent minors, Probation system, Judicial system reform of minors
PDF Full Text Request
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