未成年人刑事案件法庭教育之界定

The Definition for Court Education in Juvenile Criminal Cases

科学界定法庭教育的概念和属性,全面揭示法庭教育制度的属性和功能定位,是解决当前有关法庭教育制度诸多争议的基本前提和重要途径。法庭教育是衔接公安机关、检察机关和刑罚执行机关教育、矫正环节的重要"桥梁",是贯穿于审判全过程的教育,是突出被告人主体性的价值教育,是强制性和干预性的特殊社会教育,是与审前社会调查、心理辅导、亲情感化、合适成年人参与、营造适当教育情境等程序保护措施相辅相成的司法活动。

There will be the basic premise and important means to settle plenty of present disputes relevant to the court education, for instance, scientifically defining the concept and attribute of court education and casting light on the attribute and function of its system. The following functions are considered as a ＇ bridge＇ that connects police authorities, prosecutorial organs and the education and correction of judicial administrative authorities; as the education throughout the trial court for the whole process; as the education concerning value highlighting the subjectivity of defendants and as the special social education with obligatory and intervention. Moreover, the court education is a judicial activity complementing one another in the pretrial investigation, mental consultancy, love reformatory and some protective measures suitable to adults as well as the construction of appropriate educational situation.