The Research Of The Equal Protection Of The Right To Development Of Juvenile Delinquents In China

The right to development of minors is the right to ensure that minors can obtain support from the state,society,family and other levels so as to realize their full and all-round development.In 2020,China simultaneously amended the Law of the Protection of Minors and the Law of the Prevention of Juvenile Crimes.The "right to development clause" reflects the continuation of legislation to protect the development value of minors.The improvement of the "principle of nondiscrimination" reflects the upgrading of the equal protection of juvenile delinquents by legislation.The Law of the Protection of Minors is the special legislation to protect the rights and interests of minors.It is the direct embodiment and implementation of the protection of the rights of the special groups in our Constitution,namely women,children,elderly and other groups.The "non-discrimination principle" established in the Law on the Protection of Minors and the "development right clause" of minors form a joint force,and jointly form a norm for the equal protection of the development right of minors.However,by examining the existing legal system,we can find that the actual situation of the two functions is not optimistic.A large number of laws and regulations have stipulated "Criminal Record" as an exclusion condition in the qualification of employment,and similar provisions are also found in non-legal documents such as the enrollment regulations of public schools at all levels,which has actually affected the realization of the development rights of juvenile delinquents.The protection of development right of juvenile delinquents is faced with such difficulties as unclear connotation of development right,identity discrimination,system conflict and insufficient relief.Based on the above analysis,this paper takes the equal protection of the development right of juvenile delinquents as the theme,analyzes the institutional obstacles existing in the current legislation and judicial practice,and puts forward suggestions for improving the relevant legislation.First of all,the unclear content of the right to development is the primary factor hindering the realization of the development right of juvenile delinquents.Based on the " Convention on the Rights of the Child" by the United Nations and the realistic demands,it is proposed that the development right of juvenile delinquents should at least include the right to personal dignity,the right to education,the right to work,the right to personal information,freedom of cultural activities and other contents.Secondly,the equal protection of the legal status of delinquent minors is achieved through the combination of formal equality and substantive equality.Thirdly,the relevant legal principles as the legislative guidance to unify the existing legal norms,resolve the conflict between the guarantee principle and restrictive provisions,maintain the consistency of local regulations and central legislation.Thirdly,it proposes to unify the existing legal norms under the guidance of relevant legal principles.Fourthly,improve the criminal record sealing system with the goal of "de-labeling",and institutionalize the ability to help based on the consideration of "re-socialization" to achieve the standardization of law enforcement level.Finally,in response to the actionable dilemma faced by the right to development,this paper proposes to improve the judicial relief path of the development right of juvenile delinquents by enriching the right norms,incorporating the right to development into public interest litigation,clarifying the connotation of the right to development as a means of direct security and using the existing system and the judicial utility of the right norms as indirect safeguards.