教育与惩罚的平衡——法国少年法官的身份转变

The Balance Between Education and Punishment——The Transformation of Juvenile Judges in France

从比较法角度看,法国以少年法官为核心的未成年刑事司法制度一直颇具特色。但21世纪以来,法国的青少年犯罪活动却愈发严重,引起了国家对未成年人刑事司法制度的改革浪潮。在改革中,传统的“教育优于惩罚”原则被立法者抛弃,取而代之的是“教育与惩罚并重”原则。少年法官也随之转变身份,其重心从未成年人保护者向传统审判者进行偏移。

From the perspective of comparative law,the juvenile criminal justice system in France with juvenile court judges as its core is quite distinctive.However,since the 21st century,the issues with juvenile crimes in France has become more and more serious,which has led to a wave of reforms in France’s juvenile criminal justice system.In the reform,the policymakers discarded the traditional principle of“education over punishment”and replaced it with the principle of“education and punishment”.The juvenile court judges also shift the focus of their identities from protectors of the minors to traditional judges.