Research On Specialized Correctional Education System

In the context of the frequent occurrence of vicious incidents among underage minors and the new trends and characteristics of underage,adult and violent crimes,the Amendment to the Criminal Law(XI)and the newly revised Law on the Prevention of Juvenile Delinquency have added a special correctional education system.As a new legal system,special correctional education has many issues worth studying,such as what is the basic connotation of the special correctional education system,what is the relationship with institutionalization and special education,what are the main problems of applying special correctional education in practice,and how to improve it.This article consists of three chapters,and the author mainly stands in the position of interpretivism in order to solve the aforementioned problems.The first chapter of the article is the historical evolution and basic connotation of the specialized correctional education system.The development of the specialized correctional education system in China and its basic connotation are mainly sorted out.The basic connotation of specialized correctional education should be developed from four aspects: conceptual compliance,legal attributes,system affiliation and functional positioning.Firstly,special correctional education follows the concept of parental authority of the state,and in the process of its application,it should adhere to the concept of complementarity and finality,and uphold the concept of protectionism;secondly,special correctional education is neither a punishment nor a security punishment,but a compulsory education and welfare measure aimed at protecting and rescuing minors in conflict with the law;again,there is a logical relationship between special correctional education and special education,and the former,together with Finally,special correctional education is a system of education and correction for minors in conflict with the law,with the aim of reforming and saving them.The second chapter of the article is the relationship between the specialized correctional education system and related systems and its systemic reflection.Based on the basic connotation of the special correctional education system,through comparative analysis and logical reasoning,it is firstly concluded that special correctional education is a kind of alternative and transcendent relationship with the institutionalization system,which is reflected in the fact that special correctional education has scientific conceptual guidance,clear legal attributes and fixed execution sites;secondly,it is found that special correctional education is a special and general relationship with general special education,which is manifested in the application of special correctional education to Secondly,it is found that special correctional education has a special and general relationship with ordinary special education,which is manifested in the special correctional education’s application object,implementation place and management mode.On this basis,a systematic reflection on the special correctional education system reveals that there are still shortcomings in the transcendence of special correctional education over institutionalization,such as the conditions of application of special correctional education are still vague,the logic of administrative operation does not seem to have changed,and the duration of execution is not specified;there are shortcomings in the specialization of special correctional education over general special education,such as the difficulty of distinguishing the objects of application between the two,the same execution place,and the The boundaries of the content of the treatment are unclear.The third chapter of the article is the systematic improvement of the special correctional education system.Based on the analysis in Chapter 2,the improvement of the special correctional education system should focus on the following two aspects:on the one hand,special correctional education should avoid repeating the mistakes of institutionalization.Specifically,the following three points should be developed: First,refine the conditions of application of special correctional education.On the basis of clarifying the relationship between "ordering parents to discipline" and "when necessary," determine the quantitative criteria for the applicable conditions,and typify the specific applicable conditions according to the type of thinking.Secondly,a quasi-judicial procedure for deciding on specialized correctional education should be established.First,we clarify the content of the right of prior deliberation and assign the right of prior deliberation to the special education steering committee in the Chinese context;then,we form a special education steering committee with quasi-judicial attributes;finally,we design a specific decision procedure for special correctional education,so as to realize quasi-judicial transformation of special correctional education.Third,we explore the "flexible" duration of special correctional education within a fixed interval.By examining the intervention measures and duration of juvenile offenses in foreign countries and some regions in China,we can determine the "flexible" implementation period within a fixed interval.On the other hand,it is important to prevent special correctional education from being confused with general special education.The following three points are needed: first,to clarify the age range of the targets of special correctional education,to specify its applicability,and to improve the classification system of minors’ delinquent behavior in China;second,to reform the system of setting up special schools and to determine the specific implementation sites of special correctional education;third,to design the mechanism of special correctional education treatment under the closed-loop management model.Using the advantages of the closed-loop management model,such as systematicity,science,fluency and abandonment,we embed it into the implementation process of specialized correctional education,and within this management system,we clarify the important issues such as the content of teaching and correction,management and implementation methods for specialized correctional education that are different from ordinary specialized education.