Juvenile correction system on the legal framework for community building.doc
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1、 Juvenile correction system on the legal framework for community building Paper Keywords: community service orders orthodontic community corrections sentence destroy criminal records Abstract: With the transformation of Chinese society, in the “people-oriented, “harmonious society in the context of
2、Du District, orthodontic system has become a shell of judicial reform in recent years, one point, while the minor orthodontic community how the system Construction is of concern to everyone, this paper relies on the existing legal system, in time to develop community service order system, penal syst
3、em and the eradication of established characteristics of criminal record corrected to explore other aspects of the project. “Community Corrections English community correction, some countries called the “community treatment, it is a criminal and does not make use of community resources, social isola
4、tion, and methods of education reform criminals, is that all management education in community settings in the way offenders general more common abroad, including probation, parole, community service, temporary release, work release, study release and so on. in the imprisonment of Community Correcti
5、on is relative to the execution is correct way is to meet the conditions of the community of offenders placed in community correction within the country by the specialized agencies in the relevant social groups and civil society organizations and social volunteers.s assistance in the decision, deter
6、mination or decision within the time limit set, correct the criminal mind and behavior habits, and promote their successful return to society of non- imprisonment implementation activities. shows that the meaning of Community Corrections and the foreign country is different. After World War II, Amer
7、ican society has been corrected first in the rapid development of Chinas penal system, while containing the contents of Community Corrections, such as control, probation, parole and so on, but did not use the “Community Corrections concept, there is no established complete system. At present, China
8、in the context of building a harmonious society, based on the concept of judicial modesty penalty, but also started to build community correction .2003 July 10 <On the pilot community correction notice> > promulgated, marking the beginning of the formal operation of Community Correction, to
9、 2005, community correction has been expanded to 18 provinces (autonomous regions and municipalities). At present, Chinas community corrections system also in the pilot phase, a minor is One of the focus of community correction, but on the minor provisions of the Community Correction scattered, not
10、create a system of community correction system for minors. minor how to build a community correction system has become a common concern of the community . This article also explored this issue. I. Construction of the juvenile justice system based on the current juvenile correction system Elsie Area
11、Use the concept of community corrections rather late, but contains some of the content system already exists to build community correction minors must rely on these systems for a better use of these systems, and improve these systems, drawing on successful overseas experience, the system must be int
12、egrated with Chinas national conditions, not blindly follow the example of foreign countries. To our current legislative, judicial and social practices applicable level, has been formed to protect the legal framework for juvenile crime prevention and control protection system. From the legislative p
13、oint of view, criminal law, criminal procedure law, the Protection of Minors Act, prevention Juvenile Delinquency Act and other legal system has been formed for the effective protection of juvenile crime to provide a legislative basis; from the penalty applied point of view, the highest judicial aut
14、horities have issued a <On the handling juvenile criminal cases the law applicable to a number of issues explained >>,<< juvenile criminal cases on the trial a number of provisions >>,<< Peoples Procuratorate for the provisions of juvenile criminal cases >>,<<
15、public security organs for the provisions of Juvenile Delinquency> “, “On the handling juvenile criminal cases, of supporting the work of established notification system>> and so form a more perfect operation of juvenile delinquency provisions of the judicial establishment of a . judicial t
16、hrough-train system; on the social level, China from the last Century 80s began to do work-study schools, in fact, work-study school is a specialized juvenile correctional institution, the whole society actively with Taiwan, concerted efforts, the implementation of comprehensive management, the esta
17、blishment of a “society. stop, the prevention system ; and the United Nations criminal offenses involving minors, a series of legislative and judicial international conventions and rules, our government has approved the signing or recognized, and be reflected in domestic law as possible. It should b
18、e said that the legal system to protect minors and system framework is already established, we are now considering building juvenile community correction system must rely on the existing system provides for the effect of a good practice to flourish, for the large negative impact shall promptly revis
19、e and improve, not to indulge in drawing foreign approach, ignoring our existing, proven system. Second, the establishment of community service sentence. Complete transformation of the juvenile delinquent system of penalties “Community Service Order in 1973 the UK <<Criminal Justice Act “>
20、first sentence of a species, requires the judge to decree the defendant to perform unpaid community service, to make up for their crimes to the social and personal losses. Since then, some other countries in Europe, the United States 1 / 3 of the states, Canada, Australia and Hong Kong have brought
21、our country this kind of punishment. China has been implemented in the judicial practice of “community service order, as early as 2001, Changan, Shijiazhuang, District Peoples Procuratorate of a minor theft committed on the issue of the “Community Service Order, the transformation of this young man
22、played a good role, then, Anhui r, Shandong, Liaoning, courts have begun to implement “ Community Service Order, “the juvenile court in Shanghai has been fully implemented, community service order. “benefit the community service sentence minors to re-return to society, reducing the cost of renovatio
23、n, and the trend of light punishment the international community is very superiority A strong system, but “community service order in the trial process also revealed many problems .1, the current legal framework in China can not find a legal basis, appeared to be very embarrassing for the judiciary,
24、 what is reflected in its application human law, or there are multiple proposals violate the law; 2, community service orders for the main body are not unified, in some places as the prosecution not to prosecute the investigation conditions apply, in some places is the effective court decision or de
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