摘要:
20世纪80年代以来,我国刑事案件涉案未成年人人数开始不断上升,未成年人犯罪率的居高不下成为社会治安综合治理的重要问题,引起了社会的普遍关注。随着国际、国内刑事司法的发展和司法文明的要求,我国未成年人司法工作也在不断适应社会的发展和变化,从理论到时间都在进行有益的探索,在对未成年人案件的调查、审理、处置上正进行着多方位的创新和实践。
为了使我国未成年人司法工作在实践和立法方面多一些借鉴和探索,得到进一步完善、健全,救助儿童会与盘龙区政府于2002年6月开始了一项的未成年人司法的试点项目,是由荷兰王国驻华大使馆资金支持的一个社会发展项目。这是一项以社区为基础,多部门合作实施对未成年人的司法分流,通过社区支持体系的搭建,使得触法未成年人能在社区得到有效的帮助和矫正,重塑美丽人生;同时也对造成未成年人犯罪日益上升的社会、家庭以及学校原因进行调研,力图在不良行为的早期以及可控危险因素的降低方面进行干预,以达到预防未成年人违法犯罪、更好保护未成年人的目的。
Community-based multi-departmental youth justice Pilot Project
Panlong District, Kunming City, Yunnan Province, P.R. China
Abstract
Economic reform and urbanization in China has caused significant social changes, which have, in particular, had a significant impact on children. Growing geographical and rural-urban in-equalities, and urban unemployment and computer, internet games have led to more issues of children and youth including increasing of juvenile delinquency. The administration of juvenile justice in China does not exist as a separate system from that for adult offenders. There exists a gulf between intentions behind laws and policy as well. Many children in conflict with the laws are tend to go through the judicial system and may possibly be sent to custodial places which might bring about a huge negative impact to their future life. Panlong Youth Justice Pilot project is to explore proper youth justice management and alternative approaches for children in conflict with the laws. A four-year pilot project demonstrates what can be done and how to make difference on these children and youngsters.
A multi-departmental community based youth justice project was set to divert young offenders from judicial system, especially keep them from being sent to custodial places. A group of “Appropriate Adults” are to facilitate children’s protection and “diversion”, and will also provide follow-up supervision and support with policeman, community staff, psychological consultant, college volunteers and chilldren’s guardians. None of the fifty-five children who got diversion and intensive supervision have serious re-offending so far. Some of them went back to school and some enrolled in colleges while some found job. Our experience and practice was highly valued by academics and government officials. It contributed to the legislation and policy of child rights and protection.
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