Create a unified pattern of legal protection of minors with Chinese characteristics
July 14, 2020 23:26 Source: "China Social Sciences" July 15, 2020 Total 1967 Author: Wang Guangcong

The Protection Law of the Minor Protection (hereinafter referred to as the "Unborn Law")、"Prevention of Minor Crime Law" (hereinafter referred to as the "Prevention Law") system summarizes the practical experience of the protection and prevention of minors' crimes since the establishment of New China since its establishment.,Two laws and drive into a very important legal system for children in my country。In recent years,my country's minor protection and criminal prevention work encountered some new situations、New Questions。In the context of advancing the modernization of the national governance system and governance capabilities,Need a more era of the rule of law。October 2019,The 14th session of the 13th National People's Congress Standing Committee reviewed the "Protection Law (Draft)" and "Prevention of Minor Crime (Draft)",and publicly solicit opinions from the society。I think,Under the increasingly strong social conditions of child rights,Should seize the precious opportunity for the revision of the Fa,Guided by Xi Jinping's thoughts of socialism with Chinese characteristics in the new era,Establish a legal framework system for the protection of minors with Bet365 lotto review Chinese characteristics,Going out of the road to the rule of law in the new era of minor people。

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Draft revision of the two methods responds to the people's concern in a timely manner,Bullying for campus、Inadequate bet365 best casino games monitoring and infringement of the guardian、A prohibition of employment in contact with the minor industry、Usage in the Internet、Key issues such as transitional education correction measures for severe bad behaviors are added and improved,Progressive,It is worth fully affirming。but,Looking at the basic ideas of legislation and logical structure of grammar,There is a basic problem that cannot be avoided -targeting the twin nature of the two methods,That is, the characteristics of minor protection and prevention of correctional minor crimes are difficult to separate,At present, some provisions of the prevention method of prevention method are taken into the revision method of unparalleled law,It does not solve the overlapping content of the long -term existence of the two methods、Questions that are not coordinated with each other。For example, this modification,Article 15 of the Prevention Law、Article 31、Article 30、Article 31、Article 32, paragraph 1、Article 33、Article 36、Article 45 and other related content is overlapped with unbureant law,Delete it in the draft prevention method,It is only retained in the draft unborn law。Article 19 of the Prevention Law、Article 21 involves family problems,Moved to the draft of the Unborn Law from the Prevention Law。but,After deleting the above overlapping clauses,Such accommodation can easily lead to a structural lack of prevention of the prevention method itself。

Another,Examine the existing draft text from the two methods,Even if there are differences in the perspective,Structure and provisions still have Bet365 app download a certain overlap。For example, the draft prevention method is generally prevented from the home、School、Government、Judicial Organ、The relationship between the role of the community and the draft of the unborn law。Article 36、The draft prevention of the law of prevention is the issue of campus bullying。Article 11、Draft prevention law is about strengthening discipline construction、Provisions of talent training and other content。Therefore,The existing local cutting method does not systematically solve the old problem that the two methods coordinate,and caused the relevant content to be reduced after a large amount of cutting.、New problems in the content。

  Coordinated connection with relevant laws

The constructive ideas of the Unbureant Law are from the family、School、Society、The judicial perspective covers all aspects of the survival space of minors,Organization of basic legal structure。This revision is also described as government protection、Two parts of network protection。If the specific institutional measures are in place,It can establish a comprehensive and strict minor protection network,Realize the protection of minors more、More effective。According to the "other laws have clearly specified,This method is only principle、Connectivity regulations; other laws do not stipulate or are not complete,Make the idea of ​​clear specifications in this law as much as possible,While improving the unborn law under the existing framework,It should also be considered as much as possible with related laws,Especially the coordination connection of the prevention method。

Bet365 app download Fighting the angle of comprehensive judicial protection,The current draft of the unborn law has been reserved and enriched the case of violations of minors' rights and interests、Regulations on family cases。For the prevention and reduction of crimes of minors,Social surveys of the special procedure of minors of criminal proceedings、Suitable guarantor、Absorption of the experience of criminal records and other institutional experience,Measures for improving the criminal behavior of minors。But the non -guaranteed law has not been systematized for minors and the act of touching the law,For example, Article 115 of the Draft of Unborn Law does not define bad behaviors、The category of severe bad behavior,No clear education correction measures。In fact,These contents are the core terms of the draft prevention law,If the core content of the draft prevention method is added to the unpaid law,It can just enrich the measures of the criminal judicial department of the unscrupulous law system。We can consider early intervention from adults from adults、Three levels of disposal of touch and criminal behavior,General principles for forming unburrelated criminal judicial protection、Special Agency、System regulations for special programs,Make the judicial protection part of the Unborn Law more systematic,The actual application efficiency of institutional measures is even more prominent。

  Form a legal system with Chinese characteristics

2016,General Secretary Xi Jinping proposed at the symposium of philosophy and social sciences to focus on building a philosophy and social science with Bet365 lotto review Chinese characteristics,Guiding thought、Disciplinary System、academic system、The discourse system and other aspects fully reflect Chinese characteristics、Chinese style、China Qi Pai。Law amendments must also consciously follow this ideological guidance,Adhere to the road of socialist rule of law with Chinese characteristics。The legislation system of minors in various countries generally includes two core laws。One is the Child Welfare Law,Involved the general rules of welfare、Welfare guarantee content such as foster care and facilities,Determine the country's welfare duties and measures to minors,Provide a welfare system guarantee for the healthy growth of minors。Another juvenile method of judicial nature,Including applicable objects、Teaching and punishment measures、Specialized organizations and case handling procedures, etc.,Standardize the entity and procedure measures of the crime of intervention in minors。Typical representatives are German's "Children's Welfare Law" and "Juvenile Court Law",Japan's "Juvenile Law" and "Children's Welfare Law", etc.。For my country,At present, the two -way parallel mode does not fully collect international universal experience of welfare and judicial binary,It has not focused on the practical characteristics of comprehensive protection of minors in my country。Family protection has been built in the unborn law、School protection、Social Protection、Under the circumstances of judicial protection multi -dimensional space system,Incorporate the core content of the prevention method into the judicial protection bet365 best casino games part of the unpaid law,The principle content of the enrichment of the encounter in the adult,It helps to further rationalize the legal framework of the protection of minors in my country。This merger revision can make the party's leading people launch the historical experience of comprehensive protection of minors in all aspects of the people in the underage,Give play to the leading role of unity of unbureable law,Show the style of Chinese characteristics of minor protection,Lay the foundation for the formation of a unique plan for the formation of the Chinese style.。

Current,The important question is the amendment to the unified pattern of minors' legal protection.,Fully implement General Secretary Xi Jinping's new ideas and new ideas and new ideas and new ideas in accordance with the law,With the legislative concept and principles of Ding Ding's Unbearable Law, the legal basis for the protection of minors with Chinese characteristics。After the direction is established,Consider the child's allowance method like outside the domain、Children's abuse prevention method、Education Basic Law、Supporting construction of specific laws and regulations such as Juvenile Support Law。Thinking of the Leader based on the Faculture of Undelas,On the basis of the components of the unbureant, the establishment of the family education law、Judicial Comprehensive Law、Regulations of children's welfare regulations、Network specification laws and other specific laws and regulations,Supporting construction of specific laws and regulations such as Juvenile Support Law。

  (This article is the National Social Science Foundation Key Project "The Legislative Suggestion Draft of the Law of the Minor" (18AFX010)

(The author is the director of the Chinese Criminal Society)

Editor in charge: Wang Ning
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