Analysis on the Reform Path of the Hierarchical Treatment System for Juvenile Delinquents in China

Abstract

Although it has stipulated a treatment system for juvenile delinquents in the existing law of China, the related provisions are scattered throughout different legal norms and need to be integrated and perfected. The existing treatment of juvenile delinquents, including administrative treatment and judicial treatment, mainly faces the following problems: (a) The treatment measures are too rough and simple to effectively combine punishment with leniency effectively; (b) The hierarchical treatment measures are not perfect enough procedurally; (c) The non-criminal treatment measures do not produce the desired effect. Based on a good understanding of the basic connotations of the hierarchical treatment system for juvenile delinquents, it is necessary to take the following steps: (a) Treat the juvenile delinquents in appropriate ways according to the subject, specific content, and severity of juvenile delinquencies; (b) Take highly-targeted and flexible treatment measures at different stages of criminal proceedings, namely, take criminal coercive measures against juvenile delinquents in a prudent manner and impose criminal punishments against them in a relatively lenient manner, to better help them return to society.

Keywords

• juvenile delinquent
• hierarchical treatment
• problem
• perfection