Preface
There is no rule without Cheng Fangyuan, the legal system is the key factor to maintain social stability, its own science or not, perfect or not will directly affect the healthy and scientific development of the corresponding areas. Juvenile legal is a separate set in order to protect the healthy growth of young people, to the age of the law, mainly for criminal behavior of young people, to save the punishment, juvenile delinquency for the purpose of law. But with the development of our social economy, in the modern society under the influence of juvenile delinquency showed more particularity, the Youth Legal has enough to complete their task, in this case the thinking and Legal Countermeasures of the current lack of juvenile legal research has realistic significance.
First, China's Youth Legal System
(I) legislation
In 1992 our country promulgated the "law on the protection of minors", to protect minors from family, school, social, judicial and legal liability point of view, its main purpose is to mobilize all sectors of society power, protect the legitimate interests of young people, to create a good environment for the growth of young people. In 1999, the law on the prevention of juvenile delinquency was promulgated, the main purpose of which is to prevent and correct the bad behavior of minors, so as to prevent juvenile delinquency. "Law on the protection of minors" and "prevention of juvenile delinquency law" promulgated the implementation of China's legal protection of minors from scratch, reflects the social and government attaches great importance to the work of protection of minors in the protection of minors, the field has achieved initial success. However, these laws do not have substantive protection measures and the implementation of norms, the lack of practical work in the protection of young people. In the current legal system of our country, and not a special treatment for juvenile delinquency and set up regulations, judicial organs in dealing with juvenile delinquency, or refer to the "criminal law" and "Criminal Procedure Law" judicial interpretation, this phenomenon actually caused the minors as applied to wide area the law, the laws and regulations of our country has five kinds of punishments and four additional punishment, the death penalty for minors in addition to all the outside, but the degree of punishment is relatively light. The same kind of penalty ignores the particularity of minors, in fact, many adults do not apply to minors.
(two) judicial practice
According to our country's criminal behavior of minors is provided with a plurality of disciplinary measures, which includes not only the means of punishment, including sermons, education, penitentiary, reeducation through labor and other means, the formation of juvenile delinquency in China's punishment and treatment system. But in our country the juvenile punishment and treatment system has obvious characteristics of "polarization", that is the majority of minors treatment means are to deprive and limit minors free form, rather than the nature of the deprivation of liberty is the only means of discipline and the requirements of parenting. This strict treatment methods are too strict, and the treatment methods of loose and loose phenomenon leads to crimes of minors has not been adapted to the way of treatment of the physical and psychological characteristics of minors, poor treatment effect system. The lack of intermediate treatment institution is the main problem of China's juvenile delinquency correction system, when the disposition of juvenile delinquency, not in accordance with the actual existence of serious, lighter, minor crimes such as degree of distinction for teenagers. The minor's legitimate rights and interests are violated, and the protection effect of minors is not ideal.
Preface
There is no rule without Cheng Fangyuan, the legal system is the key factor to maintain social stability, its own science or not, perfect or not will directly affect the healthy and scientific development of the corresponding areas. Juvenile legal is a separate set in order to protect the healthy growth of young people, to the age of the law, mainly for criminal behavior of young people, to save the punishment, juvenile delinquency for the purpose of law. But with the development of our social economy, in the modern society under the influence of juvenile delinquency showed more particularity, the Youth Legal has enough to complete their task, in this case the thinking and Legal Countermeasures of the current lack of juvenile legal research has realistic significance.
First, China's Youth Legal System
(I) legislation
In 1992 our country promulgated the "law on the protection of minors", to protect minors from family, school, social, judicial and legal liability point of view, its main purpose is to mobilize all sectors of society power, protect the legitimate interests of young people, to create a good environment for the growth of young people. In 1999, the law on the prevention of juvenile delinquency was promulgated, the main purpose of which is to prevent and correct the bad behavior of minors, so as to prevent juvenile delinquency. "Law on the protection of minors" and "prevention of juvenile delinquency law" promulgated the implementation of China's legal protection of minors from scratch, reflects the social and government attaches great importance to the work of protection of minors in the protection of minors, the field has achieved initial success. However, these laws do not have substantive protection measures and the implementation of norms, the lack of practical work in the protection of young people. In the current legal system of our country, and not a special treatment for juvenile delinquency and set up regulations, judicial organs in dealing with juvenile delinquency, or refer to the "criminal law" and "Criminal Procedure Law" judicial interpretation, this phenomenon actually caused the minors as applied to wide area the law, the laws and regulations of our country has five kinds of punishments and four additional punishment, the death penalty for minors in addition to all the outside, but the degree of punishment is relatively light. The same kind of penalty ignores the particularity of minors, in fact, many adults do not apply to minors.
(two) judicial practice
According to our country's criminal behavior of minors is provided with a plurality of disciplinary measures, which includes not only the means of punishment, including sermons, education, penitentiary, reeducation through labor and other means, the formation of juvenile delinquency in China's punishment and treatment system. But in our country the juvenile punishment and treatment system has obvious characteristics of "polarization", that is the majority of minors treatment means are to deprive and limit minors free form, rather than the nature of the deprivation of liberty is the only means of discipline and the requirements of parenting. This strict treatment methods are too strict, and the treatment methods of loose and loose phenomenon leads to crimes of minors has not been adapted to the way of treatment of the physical and psychological characteristics of minors, poor treatment effect system. The lack of intermediate treatment institution is the main problem of China's juvenile delinquency correction system, when the disposition of juvenile delinquency, not in accordance with the actual existence of serious, lighter, minor crimes such as degree of distinction for teenagers. The minor's legitimate rights and interests are violated, and the protection effect of minors is not ideal.
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(three) improve the overall quality of law enforcement
After the juvenile delinquency and the corresponding treatment measures introduced, law enforcement is the main implementation of these special juvenile law, have a far-reaching effect on its quality will carry out legal and practical effect, so the comprehensive quality in the youth activities in the perfection of legal law enforcement is an important part, which mainly comprises two part of the contents: first, the law enforcement of the ideological and moral qualities, the main purpose of the protection of the youth set up by law is to protect young people's legitimate rights and interests of law enforcement, in order to achieve good youth protection laws and regulations of the function, it must realize the importance of protecting the legitimate rights and interests of young people, correct understanding of juvenile delinquency, and protection from the perspective of the legitimate rights and interests of young people to carry out the work; secondly, because of juvenile delinquency is complex and special , there are higher requirements on the professional quality of law enforcement personnel, law enforcement should grasp the criminal psychology, adolescent psychology, sociology of knowledge, professional knowledge and expertise play in law enforcement, effectively protect the legitimate rights and interests of minors.
(four) to promote the construction of legal aid system for young people
The legal aid refers to the national judicial system, litigation mechanism, to provide free individual defense costs of litigation and the defense services, which is on the modern judicial system is a perfect method to protect judicial fairness and justice. China's modern juvenile delinquency showed the complexity and particularity, there is a strong demand for legal aid, only establish and improve the legal aid system to provide effective support for the defense of litigation and juvenile delinquency, juvenile delinquency in order to ensure the fairness of the handling of the case, in order to effectively safeguard the legitimate interests of teenagers. Specifically to be provided by the main social responsibility corresponding funds to establish the legal aid fund, set up specifically for teenagers legal aid standards, providing legal assistance within the scope of illegal cases of juvenile crime young people.
conclusion
The significance of youth society is recognized by the society, from the legal level of protection for young people is the correct legal concept from the perspective of human ethics, the grim situation in today's society of juvenile delinquency cases frequent, has realistic significance and Research on Legal Countermeasures on the current lack of juvenile law system, this paper a brief analysis on this problem from two aspects of Legal Countermeasures of the current juvenile legal loss and loss, in order to provide support and reference for juvenile legal level.
Reference
[1] Wang Rongrong. A study on the function of legal education in cultivating the sound personality of adolescents [D]. Baotou: Inner Mongolia University of Science and Technology, 2013
[2] Zhang Yalin. A study on the legal education of the youth in the perspective of harmonious society [D]. Shijiazhuang: Shijiazhuang Railway University, 2014
[3] Lu haijia. Research on the legal education of the youth under the background of quality education [D]. Shanghai: Shanghai Academy of Social Sciences, 2012
[4] dragon rita. Juvenile delinquency behavior analysis and corrective measures [D]. Changchun: Northeast Normal University, 2011
[5] Hu Junwen. Reflections on the goal of legal education for young people from the perspective of rule of law [J]. economic and social development, 2012 (11): (-130.)