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Research on China's "Education-Oriented" Criminal Policy on Juvenile Delinquency

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DOI: 10.23977/law.2023.021110 | Downloads: 12 | Views: 194

Author(s)

Zhaoyang Liu 1

Affiliation(s)

1 College of Criminal Justice, Shanghai University of Political Science and Law, Shanghai, China

Corresponding Author

Zhaoyang Liu

ABSTRACT

The tendency of retribution reflected in the reduction of the age of Criminal Law amendment (XI) should not shake China's criminal policy on juvenile delinquency, but should continue to adhere to the basic concept of "education as the main, punishment as the auxiliary" for juvenile delinquency. Different from the concept of adult criminal law, "minors should be the subject of education rather than the subject of punishment", which is not only the international consensus, but also determined by the physical and psychological particularity of minors. In fact, the phenomenon that the poor effect of educational correction for wrong minors in China should not be attributed to the "failure" of educational correction measures, but it should be found that the simple practice of "letting go" and "grasping it" long exists in China, and the implementation of educational correction measures. Therefore, only by developing and implementing more precise help and education systems for wrong minors can it be more conducive to reflect the significance of China's policy of "education as the priority and punishment as the auxiliary" for minors.

KEYWORDS

Age of criminal responsibility criminal policy, retribution doctrine education correction measures

CITE THIS PAPER

Zhaoyang Liu, Research on China's "Education-Oriented" Criminal Policy on Juvenile Delinquency . Science of Law Journal (2023) Vol. 2: 59-66. DOI: http://dx.doi.org/DOI: 10.23977/law.2023.021110.

REFERENCES

[1] Wang Zhiyuan, Du Yanxi. Review of China's criminal policy on minors in conflict with the law—— The benign coordination between "education" and "punishment" [J]. Chinese Youth Study (Phase 2): 37-41 [2023-11-09].
[2] Zhang Mingkai. The unfolding of the criminal law maxim [M]. Law Press, 1999.
[3] Wang Xuemei. Study on the protection of children's rights (1) [J]. Global Law Review, 2002,24 (125): 493-497
[4] Liang Genlin. Contemporary criminal law ideological trend forum. Volume III, Criminal Policy and Changes in Criminal Law [M]. Peking University Press, 2016.
[5] Wang Zhiyuan, Cui Shengshi. The failure and response of the sanctions and correction mechanism for illegal minors [J]. Journal of National Public Prosecutors College, 2013 (4): 13.
[6] Richard Hawkins, Geoffrey P. Alpert. The United States prison system: punishment and justice [M]. Prentice-Hall Inc, 1989.
[7] Yao Jianlong. The Juvenile Criminal Law and the Reform of the Criminal Law [M]. People's Public Security University Press of China, 2005.
[8] Gao Weijian, Wang Qun. On the juvenile criminal policy thought of lenient punishment and strict management [J]. Juvenile delinquency problem, 2009 (4): 4.
[9] Wu Kun. Public security administration punishment law draft review of the ten foci [J]. China Report, 2005 (7): 3.

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