少年法治系统论纲

On the Outline of Juvenile Rule of Law System

我国少年法治事业四十年的成就可圈可点,但屡屡遭遇系统发展的瓶颈。以系统论的理念来梳理少年法治的总体格局,是相关系统发展瓶颈的破解之道。就总体格局而言,少年法治系统包括基础系统、干预系统和环境系统三大部分。其基础系统由相应的理论体系、立法体系、教培体系和信息体系组成;其干预系统由相应的行政体系、司法体系和社工体系组成;其环境系统由相应的家庭体系、学校体系和社区体系组成。全面认知少年法治的系统格局,才有可能系统科学地推进少年法治事业的高效发展。目前而言,我国少年法治系统结构多有缺憾,有待各子系统的补足、协同、优化及完善。作为国家发展战略的一个重要组成部分,少年法治亟待系统的顶层设计及变革。

The course of the juvenile rule of law in China during the forty years has gained remarkable achievement, but still encounters systematic development bottlenecks from time to time. To sort out the overall pattern of juvenile rule of law with the system theory is the approach of breaking through the bottlenecks of relevant systems. As for the overall pattern, the juvenile rule of law system shall include the basic system, the intervention system and the environment system. The basic system shall consist of the corresponding theoretical system, legislative system, teaching and training system as well as information system;the intervention system shall consist of the corresponding administrative system, judicial system and social work system;the environment system shall consist of the corresponding family system, school system and community system. It would not be possible to promote the course of juvenile rule of law systematically and scientifically until the systematic pattern of the juvenile rule of law is comprehensively understood. At present, the juvenile rule of law system of China has some structural defects and awaits the complementation, coordination, upgrading and improvement of sub-systems. The course of juvenile rule of law, as an integral part of the national development strategy, needs systemic top-level design and reform.