日本非行少年的法律保护及启示

Research on Japanese Legal Protection System of Delinquent Juvenile and inspiration

在日本,少年非行是指14岁以上20岁未满少年的犯罪行为、14岁未满少年的触法行为以及虞犯等三方面的总称,主要由《少年法》及《儿童福祉法》等法律予以规制。《少年法》以少年的人权保障和健康成长为目的、以保护主义的社会复归为理念,与《儿童福祉法》等共同构成非行少年的法律保护体系。家庭裁判所以少年事件为主要审理对象、以保护处分为主要处罚手段,与社会福祉性质的儿童相谈所共同担负起日本的少年保护事业。官民协动与社会参与制度是对我们的最大的启示,我国要进一步加强少年保护理念的转变,完善我国的少年保护体制,将其建设成为全民参与的社会事业。

In Japan, juvenile delinquency consists of three parts： criminal behavior conducted by juvenile between 14 and 20, illegal act conducted by juvenile below age 14 and pre - delinquent, and mainly regulates by Juvenile law, Juvenile welfare law and so on. Juvenile law is dedicated to juvenile fights protection as well as rearing and perfecting of them. Juvenile law follows the＂ return to the society＂ ideology advocating by protectionism, together with juvenile welfare law, constituting the legal protection system of delinquent juvenile. The home court mainly hears the juvenile indicate, and takes protective treatment as its major punishment, together with the juvenile talking house, which is devoted to public welfare, jointly burdening the cause of Japanese juvenile protection, all social sectors including official, NGOs, and common peopel have the obligation to educating the youth, the system of participation of the whole nation is the biggest inspiration for us. we should make luther efforts to transfer the idea of youth protection, to improve the sysytem and make it （to be） a tmdertaking of social participation.