英文摘要 |
By regarding the American juvenile jurisprudence as the historical origin of modern juvenile criminal law, China’s legal scholars have introduced the rationale of protection to study juvenile law. However, at the level of legal construction, the rationale of protection ignores the gap between interventionism and diversion in America, and at the systematic level it cannot provide basic concept and theoretical framework to explain the special legal liability system for juvenile delinquent. Based on social system theory, it is shown that according to the rationale of pluralism, China has formed a three-pillar system with different basic functions. The first pillar adheres to the rationale of support, regards juveniles as effective human capital in the future, and improves the system of supporting active childbirth and protecting the legitimate rights and interests of juveniles. The second pillar adheres to the rationale of correction, regards juveniles as high-risk groups easy to be tempted by the environment to commit illegal and criminal acts, and improves the system to correct juveniles of committing illegal and criminal acts. The third pillar adheres to the rationale of diversion, regards juveniles as young offenders, and improves the system of scientifically punishing minors committing crime. Moreover, the criminal law for protecting juvenile delinquent has three specific functions of“protected area”,“experimental field”and“connector”. |