我国未成年人罪错行为分级干预机制的构建

Construction of Hierarchical Intervention Mechanism for Juvenile Delinquency in China

随着《未成年人保护法》和《预防未成年人犯罪法》的修订与颁布,保护理念在少年司法中不断深入贯彻,“预防为主、提前干预”已成为我国少年司法的常态模式。但从总体上看,我国少年司法仍存在宽罚有余而严管不足的问题。尽管未成年人罪错行为早期干预机制已有一些顶层设计,但仍缺乏相关配套制度,实践操作性有待提升。为解决上述问题,我国应在现有“不良行为”“严重不良行为”“犯罪行为”三级干预制度的基础上予以完善。具体而言,应加大对低龄儿童罪错行为的干预,在刑事责任年龄已经下调的前提下,适度降低未成年人治安违法行为的责任年龄;构建严管宽罚的罪错行为预防和矫治机制;借鉴国家亲权和场域改造理念,整合家庭、教育、社会、司法和行政干预力量,探索灵活多样的未成年人矫治方案,保障未成年人罪错干预机制的有效运行。

With the revision and promulgation of the law on the protection of minors and the law on the prevention of juvenile delinquency, as well as the in-depth implementation and implementation of the concept of protection in juvenile justice, “prevention first and early intervention” has become the normal mode of juvenile justice in China. However, on the whole, there are still some problems in China’s juvenile justice, such as more lenient punishment and less strict management. Although the early intervention mechanism of juvenile delinquency has top-level design, it lacks relevant supporting systems, so it lacks practical operability. In order to solve the above problems, China should improve the three-level intervention system of “bad behavior”, “serious bad behavior” and “criminal behavior”. Specifically, we should increase the intervention in the criminal wrongdoing of young children, and appropriately reduce the age of responsibility for minors’ public security violations on the premise that the age of criminal responsibility has been lowered;Constructing the prevention and correction mechanism of crime and wrong behavior of strict management and lenient punishment;Learn from the concept of national parental power and field transformation, integrate the intervention forces of family, education, society, justice and administration, explore flexible and diverse correction schemes for minors, and ensure the effective operation of the intervention mechanism for juvenile delinquency.