矫治责任视野下的触法未成年人专门矫治教育制度研究

Special Correctional Education System for Juveniles from the Perspective of Correctional Responsibility

适用于触法未成年人的专门矫治教育制度应当树立矫治责任的基本立场。矫治责任是触法未成年人根据法律规定通过接受特定矫治措施而对其触法行为所应承担的责任,是具有约束性与惩戒性的法律后果,彰显出专门矫治教育的惩戒性与保安性特征。专门矫治教育的具体适用应当以矫治责任为基础,触法行为的客观危害与触法行为人的责任能力是判断矫治责任的基本标准。

The special correctional education system for juveniles should be established based on the fundamental principle of correctional responsibility.Correctional responsibility refers to the responsibility that juveniles who commit crimes have to undertake through certain corrective measures according to the law.It is a legally binding and punitive consequence,highlighting the deterrent and security features of special correctional education.The specific application of special correctional education should be based on correctional responsibility,with the objective harm of criminal behavior and the offender’s capacity for responsibility being the basic criteria for judging correctional responsibility.