Abstract
The purpose of this paper is to give integrity, systematic research on the following content such as the basic knowledge, the theory basis and legal basis, the necessity and feasibility, the purpose and function, the analysis of present situation and application, the existing problems, the comparative study, the perfect construction of specific procedures about the psychological intervention mechanism of juvenile criminal justice. This study will be beneficial to the deepen development and appropriate application of the mechanism in our country; to strengthen the management of minor crime; to promote the improvement of the juvenile criminal justice system; to the improvement of legislation and the soundness of system of criminal judicial procedure for minors.The research methods using in the paper including survey method, observation method, literature analysis method, case study method, experience summary method, the empirical study method and interdisciplinary research method, etc.
The full paper is divided into seven chapters. The first chapter is the introduction which briefly introducing the goal and the significance of the topic, the current research status, the research methods, style and structure of wring, innovative of the paper and so on. The second chapter is an introduction to the psychological intervention mechanism of juvenile criminal justice, which including a basic understanding of the mechanism (including construction of related concepts); the close relations between juvenile criminal justice and psychology, especially psychological intervention; the theory basis and legal basis, the necessity, the purpose and function of introducing psychological intervention mechanism into juvenile criminal justice. The third chapter is the analysis of current situation and application of the psychological intervention mechanism of juvenile criminal justice in our country, analyzing current situation of minor crime and trial application of the psychological intervention mechanism of juvenile criminal justice in our country, also listing the relevant examples of five courts (Shanghai higher people's court, Guangzhou intermediate people's court, Beijing second intermediate people's court, Taiyuan juvenile court, Shapingba district of Chongqing court), and summarizing the empirical evidence (means and process of psychological intervention of juvenile criminal justice). The fourth chapter is problems and defects of the psychological intervention mechanism of juvenile criminal justice in our country, including two parts which is the internal operation problems and external security defects. The fifth chapter is the comparative study of the psychological intervention mechanism of juvenile criminal justice, to theory and practice which having the reference significance in the related psychological intervention mechanism of foreign countries (several representative countries are respectively selected from Anglo - A merican law system and continental law system countries such as the United States, Britain, Canada, Germany, Japan, Korea, etc.) and Hong Kong, Macao and Taiwan regions of our country, also concluded the theory and experience which is worth of drawing lessons from for our country. The sixth chapter is the main body of this paper, namely perfect construction of the psychological intervention mechanism of juvenile criminal justice for our country. According to our country's trial experience summarized in the third chapter, the problems and defects existing in the fourth chapter and the reference and revelation summarized in the fifth chapter, and aiming at the current operation situation and the problems and defects of the psychological intervention mechanism of juvenile criminal justice in our country, this chapter emphatically discusses the necessity and feasibility of perfecting and constructing the psychological intervention mechanism of juvenile criminal justice in our country, and puts forward the concrete design and corresponding suggestions. The seventh chapter is the conclusion that the introduction of psychological intervention in juvenile criminal justice is so necessary and feasible. We should go on researching and perfecting the mechanism, making it to be judicial, playing its full role, and all these will be conducive to the development and progress of our country's juvenile justice system.
In this paper, the specific innovation point of content displays in:
First, the paper puts forward the concept of "the psychological intervention mechanism of juvenile criminal justice", and studies it independently. Widening the scope of application of the mechanism, and claiming that the legal representative, the guardian and other participants in criminal proceedings is also included. Widening the scope of application of psychological intervention, and claiming that not only the juvenile defendants who apply the imprisonment and probation but also a felon can apply the mechanism.
Second, the psychological intervention mechanism of juvenile criminal justice should be judicial. By analyzing the contrast evaluation of the psychological intervening effect, it is more to verified that the introduction of psychological intervention in juvenile criminal justice is so necessary. And then putting forward that the implementation of the psychological intervention mechanism should be solidified to be one of trial for criminal action links and nodes. Accordingly, this mechanism which enriching sentencing basis and promoting sentencing standards shall be clearly stipulated as a mandatory preposed procedures in penalty application for juvenile criminal justice, and standardized into procedural legislation, really and gradually becoming a procedural safeguards of our criminal policy of minor crime.
Third, the psychological test appraisal report should to be the evidence. The paper claims that the report is in line with the characteristics and properties of expert opinion, belonging to the criminal evidence. As the supplement of minor social investigation report, after court cross-examination, only then the report can be one of reference basis for the judge sentencing.
Fourth, the paper puts forward the construction of counseling aid system of juvenile criminal justice, and that we should establish the special psychological counseling or psychological consultant library that providing the corresponding psychological service the government purchase, or court and psychological consulting company can sign a cooperation agreement, to make the psychological intervention mechanism of juvenile criminal justice have sustainable development. Another idea is that the operation mode of counseling aid system can refer to the legal aid system.
Fifth, this paper have make the psychological intervention mechanism of juvenile criminal justice in-depth, systematic study. On the basis of practice of other countries for reference and summarizing the domestic experience and combined with the writer's own independent thinking, the paper comprehensive proposed concrete design about how to perfect and construct the psychological intervention mechanism of juvenile criminal justice in our country, and proposed construction of operable way of application and process, in order to provide theoretical norms and judicial practice experience for our country to develop independent minors criminal litigation law, and improve the system of juvenile criminal justice system, then finally realize the application and popularization of the mechanism.
| Date of Award | 16 Mar 2016 |
|---|---|
| Original language | Chinese (Traditional) |
| Awarding Institution |
|
| Supervisor | Minkang GU (Supervisor) |
Cite this
- Standard