未成年人非刑处遇的司法化

On the Judicialization of Non-criminal Procedure of Juvenile Delinquency

近年来少年犯罪不断低龄化,理论和实践上提出了降低刑事责任年龄和完善非刑处遇措施两种应对方案。但降低刑事责任年龄有违未成年司法改革的轻缓化政策指向,非刑处遇体系的立法构建远水难解近渴,现实而紧迫的应对措施应当是实现非刑处遇的司法化。

In recent years, juvenile delinquents are becoming younger and younger, this demands to lower the age to undertake criminal responsibility and perfect the measures for non-criminal pweedure of juvenile delinquency. But to lower the age to undertake criminal responsibility does not accord with the policy of juvenile delinquency judicial reform, and the perfect of the measures for non-criminal procedure of juvenile delinquency still need some time, it can not solve the present problems. The author argues that the urgent countermeasure is to realize the judicialization of non-criminal procedure of juvenile delinquency.