The Construction Of Graded Treatment System For Minor Mistakes In China

In recent years,vicious crimes committed by juveniles in China have been frequently reported in newspapers.Juvenile delinquency is showing an ageing trend.In December 2018,the case of a 12-year-old boy’s mother-in-law in Qijiang,Hunan was shocked and dismissed.The discussion itself caused the continuous attention of all circles to follow up the case.Because he has not reached the age of criminal responsibility,the boy’s resettlement work puts realistic requirements on the corresponding measures for asylum.The case also reflects the practice gap in the juvenile crime prevention and treatment system in China,exposing the emergency caused by the lack of the system.Problems such as improper disposal and inadequate disciplinary measures.The Criminal Law of the People’s Republic of China(hereinafter referred to as the "Criminal Law")stipulates that people who have not reached the age of criminal responsibility shall not be punished.In practice,this article has become the "gold medal of exemption" for minors.One is that there are no other effective measures for people who have not reached the age of criminal responsibility to commit serious socially harmful acts.Therefore,responding to the problem of juvenile delinquency requires not only punishing the crimes that have already occurred,but also paying attention to early bad behaviors that have not yet evolved into crimes or serious harmful acts that have not reached the age of criminal responsibility to prevent and punish juvenile delinquency.The best way is not to reduce the age of criminal responsibility,but to build and improve an effective treatment mechanism.Under this premise,there is a long way to go to prevent and deal with juvenile delinquency,so it is necessary to take the opportunity to amend the Law on the Prevention of Juvenile Delinquency and the Law on the Protection of Juveniles to explore the crimes of minors.Human critical education,family education,grading treatment and protection punishment system construction,formulating laws,rules and regulations specifically applicable to juvenile delinquents,and the starting point of system construction lies in the clarification of concepts and the establishment of prerequisites.Based on this theoretical background,this paper intends to study,compare,and identify foreign protection and sanction systems,especially Japan’s protection and sanctions system,and refer to related literature and combine the writings of experts and scholars to clarify the basic issues of protection and sanctions system and construct it It is a system for responding to minors with Chinese characteristics in accordance with China’s national conditions.In addition to the introduction and epilogue,the full text is divided into five parts,with a total of about 40,000 words.The specific content is summarized as follows:The first part leads to the actual dilemma and theoretical confusion of China’s lack of proper treatment measures for juvenile delinquency,adultification,simplification,and chaos of the treatment system.Dimensions elaborated the problems of unprotected protection of the crimes faced by juveniles in China,insufficient legal basis,inadequate supporting facilities,insufficient professionals,and insufficient protection of rights.The second part mainly discusses the concept of wrongful minors and the basic status quo in my country.The third part mainly discusses the value orientation of wrongful minors.Because minors have special physical and mental conditions,and the causes of crime are different from adults,it is necessary to adopt the principle of persistent education and salvation for minors.In the final analysis,the difference between whether to reduce the age of criminal responsibility stems from the lack of in-depth understanding of the particularity of juvenile justice and the law of juvenile misconduct.The improvement of the juvenile justice system must rely on the correct value orientation.The fourth part is an overview of Japan’s non-compliance juvenile protection and punishment system from the aspects of subject application,institution setting,punishment procedures,and treatment methods,and summarizes the lessons for our country.The fifth part mainly discusses the construction of our country’s culpability treatment system for minors,including the classification of applicable subjects,the scope of application,and the classification of treatment measures.This section first points out that the concept of constructing a grading treatment system for culpable minors in China is to focus on protection,emphasis on recovery,and active prevention,in order to clarify the legal status of the "de-penalization" open treatment system of "substituting punishment by teaching";secondly,According to the specific national conditions of our country,the minors are categorized as the subject,and the distinctions are clearly distinguished according to the seriousness of the law,the age of the crime,the offender,the criminal,and the juvenile delinquent,and the corresponding treatment measures are divided into welfare,education and correction,Criminal measures are used to improve China’s culpable treatment system for minors.