On The Improvement Of Juvenile Community Correction System In China

Recently,several malignant cases of intentional injury of minors have appeared in the society,which pushes the discussion of juvenile criminal policy into a hot spot.According to the analysis of relevant statistical data,juvenile delinquents show group characteristics such as gender specific,low education level,specific age of crime,unstable family factors,and case characteristics such as specific means of crime and concentrated charges.Minors have limited understanding of themselves and society,and are easily interfered by bad information from outside,but at the same time,it also reflects their strong correctability.Western countries generally adopt the non custodial penalty of community correction,and form the community correction system from top to bottom.Since 2003,the pilot work of community correction has been carried out in China,but it has not been implemented in China since 2003.Due to the lack of supporting laws and regulations and special correction institutions,the foundation of community correction for minors is weak.Although there are various community correction models with prominent characteristics in the process of local practice,due to the lack of unified relevant provisions,the degree of community correction for juvenile offenders is uneven.Most areas are still limited to psychological counseling,free labor,vocational training and other correction projects,which are similar to those of ordinary adult correctors in content The effect is not obvious.In 2019,the "community correction law" was officially promulgated,which listed the special provisions of juvenile community correction in the form of a special chapter,reflecting the special status of juvenile delinquents in community correction.Looking at the current situation of China’s juvenile community correction,there are still the following problems: the supporting laws and regulations are not perfect;the community correction institutions and personnel are difficult to meet the needs of minors;the classification management system standards for minors are too extensive,similar to adults when in charge,taking social risk as the main classification basis,which does not meet the special needs of juvenile community correction personnel The victim participation system,which is based on the interests of victims and the effect of juvenile delinquency correction,is absent in community correction.In view of the above problems,in order to implement the legislative spirit of the "community correction law" and strengthen the effect of juvenile community correction,we need to first improve the laws and regulations related to the special protection of minors from the legislative level,and refine the specific implementation steps of juvenile community correction.Secondly,in practice,we should build special juvenile community correction institutions,improve team building,and recruit social forces to participate.Secondly,we should refine the classification management standard of community correction,and formulate the classification management system of community correction for juvenile delinquents from two dimensions of supervision and punishment and education assistance,so as to meet the practical needs of community correction of minors.Finally,we should improve and strengthen the participation mechanism of the victims in the juvenile community correction.The participation of the victims should take the minor community correction institutions as the bridge,and act on the minors in the community correction,covering all stages of the decision,implementation and termination of the community correction,so as to achieve the double goals of protecting the relevant rights of the victims and enhancing the effect of juvenile correction.