The Criminal Law Nature Of Specialized Correctional Education And Its Operation Mechanism Operational Mechanism

The exploration of the criminal nature of special correctional education plays a "leading role" in the improvement of special correctional education,and is the primary consideration in the current application of special correctional education.Special correctional education is different from the correctional system in that it has different meanings in terms of the underlying concepts,characteristics,and purposes to be achieved,and these elements all influence the attribution of the criminal law nature of special correctional education.Theoretically,there are four main views on the criminal law nature of special correctional education: "security punishment","protective punishment","multiple nature",and "judicial The four points of view are The " security punishment theory " is based on an institutional basis that is contrary to the starting point of specialized correctional education;the " judicial education protection theory " is inappropriate because it identifies specialized correctional education as an administrative act;within the " multiple nature theory Within the "multiple nature theory," the relationship between the various views is still controversial,which is not conducive to guiding the practical activities of specialized correctional education.On balance,the "Protective Discipline Theory" best highlights the nature of specialized correctional education.The "protective punishment theory" is consistent with the basic structure of special correctional education,and the concept of parental authority of the state embodied in it is consistent with the original legislative intent of special correctional education,while the concept of restorative justice and the concept of educational punishment can also guarantee the realization of the purpose of special correctional education.From the perspective of systematizing the treatment of minors,the characterization as a protective sanction not only meets the original legislative intent,but also meets the need for the construction of China’s juvenile protection sanction system,and promotes the systematization of the treatment of minors.In the context of protective discipline,there are still many shortcomings in the current operational mechanism of specialized correctional education.In the initiation mechanism,specialized correctional education must establish a judicialized decision procedure,clarify the authority of each organ,and form an initiation mechanism that includes a plurality of initiation subjects including public security organs,people’s procuratorates,and people’s courts,and a single decision subject of people’s courts.At the same time,for the conditions of application of specialized correctional education,the Criminal Law should make clear provisions in terms of both formal and substantive elements,in terms of formal elements,the scope of applicable subjects and the lower age limit of applicable subjects should be clarified,and in terms of substantive elements,the possibility of family correctional education should be excluded as a prerequisite.In the implementation mechanism,the closed-loop management model must be put into practice,and a diversified correctional treatment must be built,and a universal curriculum and a personalized curriculum must be built around ideological correctional education,quality education,and social practice education.In the return mechanism,it is necessary to establish a return procedure for delinquent minors,expand the range of subjects applying for return and clarify the subjects of return decisions for specialized correctional education.At the same time,it is necessary to establish a post-correctional supervision system and a mechanism for guaranteeing rights with the participation of families,schools,and communities,with a special education steering committee as the main body.