同心圆模式:未成年人罪错行为治理体系之构建

Concentric Circle Mode:the Construction of the Governance System of Juvenile Crime and Wrong Behavior

近年来,未成年人恶性犯罪案件迭出,并呈现低龄化态势,对此《刑法修正案(十一)》以降低刑事责任年龄予以回应。降低刑事责任年龄仅是权宜之计,而真正解决低龄化犯罪的困境需要实现对未成年人罪错行为的类型化规制。罪错行为区分为不良行为、行政违法行为、触犯刑法行为,对其处罚应以“责任、保护、处罚”为原则,以修复式理念为圆点,以分类教育矫治为短半径,以长效系统保护与规制为长半径,形成同心圆式的保护机制,方能治本。

In recent years,juvenile delinquency cases occur repeatedly and show a trend of younger age.In response to this,the 11th Amendment to the Criminal Law aims to lower the age of criminal responsibility.Lowering the age of criminal responsibility is only an expedient solution,but to solve the plight of the crime at a younger age,we need to realize the type regulation of juvenile delinquency.Criminal wrongful behavior is divided into bad behavior,administrative illegal behavior and criminal law violation behavior.In order to cure the root cause,the punishment should be based on the principle of"responsibility,protection and punishment",with the concept of repair as the circle point,with classified education and correction as the short radius,with long-term system protection and regulation as the long radius,forming concentric circle protection mechanism.