Research on the Connection between Measures of Protectively Punishing Juveniles for Serious Misconducts and Public Order Management Punishments
The Law on the Prevention of Juvenile Delinquency has redefined juveniles'serious misconduct and improved three protective and disciplinary measures for serious misconducts.Because of the overlap between juveniles'serious misconduct and the scope of the application of the Public Order Management and Punishment Law for their violation,a dual handling pattern of protective punishment measures and public order management penalties has emerged at the institutional level.What's more,in practice,police agencies mainly use public order management penalties for their serious misconducts,failing to keep a balance between early prevention,protection and public order management penalties.Based on the different theoretical perspectives of the two measures,we should adhere to the general policy of"education and rescue"in practice,follow the principle of"education without punishment as the main approach or combine punishment with education as a supplement".We should take such factors into consideration as their age and degree of harm,take measures according to different degrees and situations,and appropriately use protective and disciplinary measures and public order management penalties.
Juvenile's Serious MisconductPublic Order Management PenaltyProtection and Punishment
万方数据
维普
