未成年人罪错行为分级处遇的适用困境与纾解

The Challenges in Application of Graded Treatment for Juvenile Delinquency and Corresponding Solutions

根据未成年人的身心发展特点以及行为的危害程度,将其罪错行为进行分级并适用程度相当的干预措施进行规制,对于未成年人犯罪预防意义深远。未成年人罪错行为分级处遇依然面临分级标准模糊、处遇措施匹配失恰以及配套机制匮乏等问题,亟待厘清。基于此,当前应首先依据行为的社会危害性问题和行为主体的责任年龄进行综合考量,建构科学的划分标准;其次,厘清罪错行为分级处遇适用的范围边界,精准匹配处遇措施;最后,构建包含专门学校、社会化帮教体系在内的配套机制,实现对未成年人罪错行为规制的有效落实。

According to the characteristics of mental and physical development of minors and the degree of social harm caused by their behavior,grading juvenile delinquency and applying appropriate intervention measures to regulate it have profound impact on prevention of juvenile delinquency.However,the graded treatment for juvenile delinquency still faces challenges such as vague grading criteria,mismatching of treatment measures,and a lack of supporting mechanisms,which need to be clarified.In this regard,it is crucial to first take the social harm of their behavior and the age of responsibility of the actor into full consideration and establish scientific grading criteria.Secondly,it is essential to clarify the scope and boundaries of the application of graded treatment for juvenile delinquency and ensure precise matching of treatment measures.Finally,a supporting mechanism,including special training schools and a community-based assistance system,should be established to effectively implement the regulation of juvenile delinquency.