失足青少年合法权益问题研究

A Study of Young Offender’s Legal Rights and Legal Interests

失足青少年既是受害者,又是危害者,给社会、家庭和自身都造成很大的伤害。青少年是祖国的未来,民族的希望。'请将‘失足青少年提案’带到两会去'是2012~2013年全国'两会'期间一个备受老百姓关注的热门话题。党的十八大报告特别强调指出:'保障妇女儿童合法权益','让每一个孩子都能成为有用之才'。〔1〕失足青年是值得特别关爱的特殊群体,且失足青少年合法权益,是值得特别维护的特殊权益。本文对失足青少年合法权益的内容和受损表现以及根源和对策思路,进行了系统性的分析研究。

Young offenders,who are discriminated for external or internal reasons in their socialize process,are themselves special social groups which represent both victims and destructors to legal rights and interests.Due to their special experiences,their basic legal rights and interests are always facing infringements so social protection and care are particularly needed in their cases.There are four perspectives from which young offenders’right or interest can be violated:the fragmentation of social role caused by wrong-doing makes them hard to get a life;The vulnerabilization of their living skills makes them hard to get a position in decent work so their employment rights can’t be realized;Social psychological repellence toward them push young wrong-doers to the margins of society and give them little possibility to return normal life;Skepticism about them,diseased psychological status,and lack of proper education from school and family all influence their normal growth.There are four reasons that can explain why their rights are violated:legal institution,society,family and themselves.For reason of legal institution,it can be divided into three parts,legislation,which provide no sufficient law about protection of such right or interests,justice,which mainly copy models of trials apply to adults,and law enforcement,which has no improved legal surveillance mechanism and duty allocation.Social reasons such as no identity to them,family reason such as no care to them might cause their personal reasons such as treating themselves with no respect or self-confidence.So there can also be four solutions to protect young offenders’rights or interests:laws and regulations should be provided to guarantee legal protection,justice system should be improved to accord with young offender’s special feature,and law enforcement should also be enhanced.The society should,on the other hand,perfect communities planning,absorb those to school where they ought to go and develop social assistance institution.At last,family should also play a significant role by building harmony and provide care,so misguided youth can receive proper persuasion and modification.