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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
25、termination; 3 the specific content of community services is not uniform, not standardized, service establishments, service time varies, and no distinction between the labor intensity; 4, the lack of penalties for violation of the community service order measures, making the system incomplete. In vi
26、ew of parts of the country has implemented a “community service and has achieved good results in handling cases, it should be on this basis, the “community service sentence up to the national legislative level, the official in the country to implement such a system. First of all, in law clearly defi
27、ned the nature of the community service order is a criminal types. either independently, can also be attached using, the applicable authority can only be the peoples court, no other organs, organizations and individuals are not entitled to apply. Second, clearly defined, specific community the conte
28、nts of service orders. applicable to the community service order targets, applicable conditions, applicable procedures, services, service time, to clearly define the legal consequences. community service order can only apply to minor offenses, subjective malignant small, small Dangerousness minors,
29、service expiration, such as the timely completion of services, and evaluation by relevant institutions, the declaration of completion of the penalty; such as services not completed or did not pass the assessment, the Court may enforce imprisonment. Again, improve the supporting system. Include: (1),
30、 detailed services system, according to the different circumstances of offenders to determine the content of different services, service time, service intensity, it is necessary to achieve the purpose of correction, but also can make minor to bear. (2), the specific implementation of the system, inc
31、luding each community will be accepted up to the number of correct objects, how many supervisors, supervisors, etc. What is the role. (3), Tempering Justice with the appraisal system, supervisors should correction of the objects performance record of objective truth evaluation, combined with the rew
32、ard system to encourage the rehabilitation of juvenile offenders positive. (4), supervisor selection and training system, supervisors have to go through certain procedures of selection, moral character, knowledge, experience qualified to serve as, and to regular training in order to successfully com
33、plete the corrective work for juvenile offenders. Third, the implementation of the previous Section eliminate minor system. Elimination of the so-called criminal record, also known as eliminating criminal records, criminal records destroyed, when a declaration of who has suffered guilt or sentencing
34、 the people with the statutory requirements, by the declaration of the statutory authority to remove his guilt or sentence recorded by the system, which is the the person has been convicted according to law or state judicial sentence no longer exists as a legal fact, not deemed criminal, the origina
35、l conviction records to zero, a “zero criminal record. Has strong plasticity of minors, according to the relevant Protection of Minors Act provides that the family, school and society should give them special protection, the existence of criminal record, will produce a series of minor negative impac
36、t on the party or the adverse legal consequences in education, employment, life, and so have many difficulties, affecting their confidence in life again, they reverted to normal social life, delaying the process, even as the stimulus re-offending, therefore, it is necessary to learn foreign practice
37、s eliminate the provisions of criminal record system. First of all, the creation of a prior record of juvenile offenders elimination system is the protection of minors needs of special groups. For minors, to establish criminal record system is especially necessary for eradication. Minors with crimin
38、al stain of discrimination by society, by society Paste the intangible “offender label, easy to produce low self-esteem and negative psychological, it is likely “ , low self-esteem, difficult to re-integration into normal social life, which seriously affected their self-transformation, the process o
39、f a new life . Moreover, the juvenile period is from childhood to adulthood, the transition period, the causes of crime are different from adults, resulting in physical and mental immaturity susceptible to negative effects, often without fire, and its subjective malignancy is not deep, plasticity, c
40、an be modified is greater, if the abolition of criminal records, given the proper re-education opportunities, and promoting their education and probation. Therefore, the establishment of eliminating criminal records for minors, meaning the system is very important. This One approach is conducive to
41、juvenile crime from the shadows of the past to get out completely, its objective to rehabilitate and create a favorable external conditions, to re-shape their own life. Links to free paper download Second, the criminal record system has become the world eradication of juvenile criminal legislation t
42、rends and trends. Juvenile criminal record and issue special treatment, is a worldwide trend. many countries legislation on the Elimination of Criminal Record set into, there is special provision for a prior record of juvenile delinquency and the elimination of the system to specific requirements. s
43、uch as Japan in 1948 <<Juvenile Law “> Article 60: juvenile offenders sentence is finished, or from execution, the use of the personal law, in the future be deemed not to have received criminal sanctions; “Switzerland in 1971 amended the <<Penal Code>> Section 99 provides for a
44、minor crime punishment records write-off “system; France <<Code of Criminal Procedure>> UK <<previous convictions eradication Law> also provides for the cancellation of criminal record system. the international community on this issue has also been given special attention, “<
45、Beijing Rules >> Article 21 of the juvenile crime record keeping requirements were strict and clear “files of juvenile offenders shall not cause subsequent adult be referenced. <<United Nations Protection juveniles deprived of their liberty Rules>> Chapter 19 stipulates: “The relea
46、se of juvenile records should be sealed and destroyed in due course. , once again, proved that we are fully capable of developing a minor criminal record elimination system. In recent years, scholars have established the system of criminal convictions eliminate a number of reasonable proposals put f
47、orward, this system remains to be fleshed out. Changan District, Shijiazhuang City, the Court first of its kind in the country to develop <On the way to the purposes of a minor criminal record elimination program>>, that “a minor criminal record to eliminate the implementation of measures t
48、o stimulate the rehabilitation of children stumble. Measures of “criminal record means “full 4 years of age under 18 years of age, the implementation of the crime was sentence and the sentence has finished executing. “Although first-time offenders and recidivists, Oufan, but not the more serious nat
49、ure of its columns. The program is a trial court on the offender in prison, serving a sentence after the expiration of whether the performance of repentance not commit new crimes of the other items of compliance assessment, investigation, court review after the passage of the applicant decided to withdraw the criminal record of decision for the eradication of criminal record certificate issued by the applicant. At this point, attributable to the elimination of minor criminal record, a
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