Research On Perfecting The Correction System Of Minor’s Helping And Correcting Crimes

The state attaches great importance to the institution-building in the field of minors,which is not only part of criminal prosecution,but also part of the protection of human rights law,and also part of the protection of the special interests of minors.Although our country has established a system of assistance,education and correction for minors involved in crimes since the 1980 s,adhering to the principle of "education first and punishment second",we are committed to educating,influencing and saving minors who have committed crimes.However,the uncoordinated operation mechanism and chaos in current judicial practice cannot be ignored.Multiple management among departments,rampant departmentalism,lack of effective decentralization and de-administration hinder the normal development of assistance,education and correction for minors involved in crimes.Therefore,this article intends to make a systematic study on how to help,educate and correct minors involved in crimes in violation of the law and to put forward brief countermeasures and suggestions on their difficulties in reality in combination with the relevant provisions of the three laws currently issued.This article is carried out in the context of connecting the past with the future.On the basis of the previous pilot study,the past experience and advantages are retained by the existing new legal amendments,so as to explore the expected direction of the future assistance and education work for minors involved in crimes and violations,and further improve the assistance and education and correction system for minors involved in crimes and violations.The first part takes the community correction work in Guangdong province and other provinces and cities as an example,and analyzes the current situation of the assistance,education and correction work for minors involved in crimes,i.e.the newly promulgated "community correction law" and the relevant provisions in the draft of the "minors protection law" and "juvenile crime prevention law" which are currently being revised.Firstly,it briefly analyzes the dilemma of the system of assisting,teaching and correcting minors involved in crimes in the normative sense,such as the problem of prosecutor positioning,multi-head management and parenting education.Further analysis is made on the relatively perfect part of the current legal norms in the actual operation mechanism,but they have not been well operated in reality,such as the construction of a high-quality professional team for assisting,teaching and correcting minors involved in crimes,and the predicament of abnormaloperation in assisting,teaching and correcting work caused by loopholes or gaps in the norms themselves,such as work-study education,especially the Yuzhang Academy incident.This part constitutes the starting point of this theory.The second part summarizes the causes of the system’s dilemma in the normative sense,and the causes of the operational dilemma under the current normative situation.By analyzing the realistic reasons behind the current difficulties in helping,educating and correcting minors involved in crimes in our country,this paper lays a foundation for the corresponding countermeasures to be put forward later.The dilemma in the education and correction of juvenile delinquents in our country is mainly due to the unsolved problems in the current laws.The reasons behind the dilemma should be based on the actual reasons of the nature of the dilemma,which mainly include the unsound child protection institutions at the national level,the insufficient compulsory parental education,the over-administration of community correction,the lack of all-round systematic support for community correction,and the special legal basis and procedures for the education and correction of juvenile delinquents.The lack of,especially under the imperfect legislation management system abnormal operation of work-study education.The third part aims at the problems existing in the assistance,education and correction of minors involved in crimes,so three countermeasures are put forward according to the specific situation: first,the degree of achievement in the past and the degree of failure in the past;Second,the extent to which the current law can guide it;Third,the extent to which the pilot project can be expected in the future.This will be conducive to the help and education system being able to truly help minors involved in crimes to be effectively corrected,and finally smoothly reintegrated and integrated into society.