Research On Non-penalty Measures For Juvenile Delinquency

In recent years,we have seen more and more frequently news reports of violent crimes committed by minors,many of which once caused social sensations.However,these young juveniles who commit serious social harm are often not punished by law because they have not reached the age of criminal responsibility.This not only exposes the weakness of my country’s juvenile delinquency correction system,but also arouses strong dissatisfaction from the public,have begun to call for severe punishment of bad juvenile crimes.However,in the field of juvenile delinquency,my country has always adhered to the basic principle of "education first and punishment second",and the focus of handling juvenile delinquents is education and prevention.In addition,judicial practice in my country has also shown that minors are generally not fully developed physically and psychologically,and they lack a clear understanding of the consequences of their own behavior and the social harm caused by them.Therefore,the use of penalty measures to deal with juvenile crimes is not only ineffective It is too reasonable,and there are also obvious limitations objectively,and it cannot play a very good educational and rescue effect.In contrast,non-penalty measures have natural advantages in dealing with juvenile crimes because of their non-custodial and non-penalty characteristics.At present,my country has not formulated a special juvenile criminal law.Before the promulgation of the "Criminal Law Amendment（XI）" and the latest "Juvenile Crime Prevention Law",my country’s non-penalty penalties applicable to juveniles who have not reached the age of criminal responsibility These include: custodial disciplinary measures,custody and correctional measures,specialized school education,community corrections for minors,and generally applicable reprimands,orders to express repentance,apologies,and compensation for losses,etc.Among them,admonitions,orders to express repentance,orders to make apologies,and orders to parents to discipline,etc.are easily mere formalities in application and cannot produce any substantive effect.Therefore,the main role that really plays a substantive role in the punishment of juvenile crimes is detention.The three major measures are corrections,specialized school education,and community corrections for minors.However,this does not mean that the three major measures of custody and reeducation,specialized school education,and juvenile community correction are impeccable in the education and prevention of juvenile delinquency,and there are still some deficiencies in practice.Moreover,in the "Law on the Prevention of Juvenile Delinquency"officially passed on December 26,2020,the system of detention and correctional education was replaced by specialized correctional education,and specialized schools were listed as the implementing agencies for specialized correctional education.After the integration of the relevant laws and regulations,there are many areas that need to be improved simultaneously.In order to achieve a comprehensive transformation from C＆R to specialized correctional education,the work that needs to be done is not just a change of names,but also the need for its predecessor"C＆R system" and its current implementation site "Specialized School"."The two have conducted a comprehensive analysis and discussion on the existing problems before,so as to better improve the operation mechanism of special correction education and ensure the effectiveness of special correction education.In practice,the problems existing in the three major systems of specialized correctional education,specialized school education,and community correction for minors are mainly manifested as follows: Specialized correctional education: The legal provisions on the applicable conditions of specialized correctional education are vague,the procedures are unreasonable,and corrections measures are alienated;In terms of education in specialized schools: there are problems such as unclear positioning of specialized schools,confusing management objects,and insufficient program design;community corrections for minors: mainly due to the lack of targeted correction projects and correction methods,and lack of effective supervision and punishment measures.There are problems such as the lack of a complete risk assessment system for juvenile delinquents during the correction period and the low level of professionalism of the correction team.By comparing with the non-penalty punishment measures for juvenile crimes in foreign countries,and on the basis of learning from the relevant mature regulations of foreign countries and combining the actual situation of juvenile crimes in my country,the non-penalty punishment measures for juvenile crimes in my country can be from the following aspects Make improvements: realize the comprehensive transition from detention and correctional education to specialized correctional education:clarify the circumstances and standards for the application of specialized correctional education,standardize and refine the specific procedures for the application of specialized correctional education,clarify the implementation period and method of specialized correctional education,and establish standardized The establishment of specialized correctional education implementation sites;strengthen the construction of specialized schools,clarify their enrollment standards and standardize enrollment procedures;set targeted correction programs for juvenile offenders according to their physical and mental characteristics in different cases,strengthen pre-correction and admissions Scientific assessment of the risk of juvenile offenders’ recidivism after correction,so as to formulate preliminary correction plans and timely adjustment of correction measures,and finally establish special correction institutions and professional teams to improve the system of community corrections for juveniles is also very necessary.