社会学视野下域外少年司法社会控制的路径分析

On the Path's Social Control of Oversea Juvenile Justice

从社会学理论出发,社会控制作为一种综合性社会机制回应了百年以来发展中的少年司法制度在刑事惩罚、福利之间的理念与对策的调整。福利模式下的少年控制强调少年福利和康复,福利化的社会控制机制主导了少年触法行为或少年保护事件的干预,也在另一侧面显示出作为社会政策的福利政策和刑事政策的有机联系。基于社会安全考量,世界各国对少年触法者采取强硬态度。作为严罚思想的体现,刑罚福利主义思想强调基于康复需要的干预而不是消极的惩罚。通过协作的少年控制强调了社会控制网络的扩大和社会责任的分担,强调与社会化的专业机构协作和社区责任承担。

In the last century, the juvenile justice system swung significantly between welfare and punishment, which eventually developed a kind of comprehensive social control mechanism. Welfare model of juvenile justice dominated juvenile delinquency and juvenile protection, which shows the relationship between welfare policy and criminal policy. The juvenile justice system has been challenged by the viewpoints - tougher, more formal procedure and severe punishment, with the increasing juvenile delinquency rate. Collaboration model of juvenile justice eventually returned to emphasize prevention and correction. Specifically, the main factors showed rely on the participation of social forces, professionals involved in professional institutions. That is to say, the government and the society of professional institutions to work together, through the intervention policies, the goal is to achieve the prevention and correction of juvenile crime has represented by the emphasis of juvenile justice on the social welfare institutions and community responsibility