未成年人青春期道德发展与违法犯罪

Moral Development in Adolescence and Juvenile Crime

未成年人违法犯罪现象一直是学界和实务界关注的焦点问题,未成年人违法犯罪与其道德发展密切相关。从道德的产生与发展的阶段性来看,14—18岁的未成年人最关注的社会规范并不是法律,而是同伴的评价;其道德推理与道德行为之间并不一致;他们往往把参与违法犯罪活动本身看作是个人决策,而不是道德选择。针对道德发展各阶段的特征,应对违法犯罪的未成年人以"持续性"和"阶段性"为标准进行分类;运用"恢复性司法"和"羞耻重建"理论,给违法犯罪的青少年改过的机会,同时对现行监禁方式进行改革尝试。

Juvenile crime has long been a hot issue in both academic and practice circles. There is a close connection between juvenile delinquency and adolescent moral development. Seeing from the different stages of moral development, adolescents between the ages of 14 and 18 pay more attention to the comments from peer group than to law. Their ethical reasoning is inconsistent with their moral behavior, and they tend to see the committing crime itself as their own decisions rather than moral choices. Based on the characteristics of each stage of moral development, adolescents who commit crime can be classified by the standards of ＂consistency＂ and ＂stage＂. Opportunities should be given to them through the implementing of Restorative Justice and Shame Reintegration, and the imprisonment type reform worth a try as well.