中國未成年人犯罪司法治理體系的改革研究 ——以未成年人刑事案件訴訟程序及其社會支持體系的完善為視角

Research on the Reform of the Judicial Governance System of Juvenile Delinquency in China: From the Perspective of the Improvement of Juvenile Criminal Procedure and its Social Support System

Student thesis: Doctoral Thesis

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Award date4 Aug 2022

Abstract

未成年人刑事司法制度在未成年人犯罪综合治理体系中居于核心地位。我国未成年人刑事司法制度的构建始于专门审判组织——少年法庭的建立,我国的少年法庭经过三十多年的改革探索,从无到有、从有渐优,为未成年人犯罪治理体系的改革提供了可传播、可借鉴、可推广的成功经验与优秀范本。其中一些被法律法规固定下来,成为了我国未成年人刑事司法制度的亮点,创造了预防未成年人犯罪的良好成绩。然而,近年来,未成年人触犯法律的恶性事件时有发生,个别未成年犯回归社会后又再犯重罪,引发了学术界与司法实务界对当前未成年人犯罪治理体系的反思。我国未成年人犯罪司法治理体系的改革步入转型期后,仅靠具体制度细节的微调已经不能满足现实需要,改革面临着立法理念与体系存在偏差、部分未成年人刑事审判改革举措与保护未成年人理念相冲突、未成年人司法社会支持体系效率与转型期要求不相适应的挑战,亟待通过一体化改革方式予以破解。

挑战与机遇并存。构建未成年人犯罪司法治理体系,既需要具体制度的微调,更需要宏观体系的重构。我国未成年人犯罪司法治理体系的未来改革方向应为:构建符合未成年人犯罪治理理念和规律的法律体系,包括确立儿童利益最大化和国家亲权原则,明确未成年人法律体系中各部门法的定位;建立上下衔接的未成年人刑事审判组织和诉讼程序体系,包括打造专业化未成年人刑事审判机构及辅助队伍,科学界定统一规范少年法庭受理案件范围,构建科学的未成年人刑事审判工作量考核机制,构架以审判为中心、以权益保护为立足点的未成年人刑事诉讼特别程序;打造高效的未成年人司法社会支持体系,包括明确未成年人权益保护专门责任部门,建立未成年人罪错行为分级矫正体系,强化未成年人司法社会支持体系资源支持。
The construction of the criminal justice system for juveniles in my country began with the establishment of a specialized trial organization——the juvenile court.After more than 30 years of reform and exploration, juvenile courts in China have been developed from scratch to maturity, providing remarkable experience and successful paradigms for the reformation of Governance System of juvenile crime. Some of the experience and examples have been solidified by laws and regulations alike, and have thus become the highlights of China’s achievements in its establishment of a criminal trial system and its prevention of juvenile crimes. However, in recent years, serious criminal offenses committed by juveniles have occurred beyond frequent, and the public’s outcry for the reduction of the age of criminal responsibility is endless. After their return to society, many juvenile delinquents chose to commit crimes again, a phenomenon that has triggered extensive reflection on China’s contemporary Governance System of juvenile crime in both academic and judicial circles. Considering that China’s reform of its Governance System of juvenile crime has entered into a transitional period, the mere fine-tuning of specific systematic details would inevitably fall short of practical demands. China’s judicial reformation is now confronted with (1) stark inconsistency between legislative ideals and their actual implementation; (2) recurrent conflicts between certain reformatory measures and the concept of protecting juveniles; and (3) growing incompatibility between the efficiency of the social support system for juvenile justice and the requirements of the transition period. Invariably, these challenges are resolvable only through methodical rectifications.

When challenges emerge, opportunity also arises. The construction of Governance System of juvenile crime mandates not only the refinement of systematic specifics, but also a comprehensive reconstruction of the overall system. The future focal point of China’s Governance System of juvenile crime should be the advancement of a trial-centered juvenile legal system; and to achieve this objective, the following measures are to be adopted: (1) re-affirming the principle of the best interests of children and the principle of parens patriae, defining the position and function of each department of law in the juvenile legal system; (2) establishing a juvenile trial system that links the upper legal institutions with their lower ones, including building professional juvenile trial institutions and auxiliary teams, scientifically demarcating the scope of juvenile court cases, and constructing a scientific evaluation mechanism for juvenile trial workload; (3)building an efficient social support system for juvenile justice—one that designates the particular departments responsible for the protection of the rights and interests of juveniles, establishes a graded correction system for juvenile crimes as well as other illicit actions, and strengthens the resource supply for the social support system for juvenile justice.

    Research areas

  • Governance System of juvenile crime, Juvenile Criminal Case Procedure, Juvenile Justice Social Service Support System