新时代法治思想对未成年犯罪立法的指导

The Guidance of New Era Rule of Law Thought to Juvenile Delinquency Legislation

我国未成年犯罪立法的运行机制是将有关未成年犯罪治理的科学认识和应对犯罪问题的策略在新时代中国特色社会主义法治思想的指导下,依据合法的程序由理论转化为具体法律法规并加以实践的运动过程。中国特色社会主义法治思想作为科学的法治理论体系,既包含法治的一般理论、也涵盖了全面依法治国各个领域、各个层面、各个环节的核心观点。未成年犯罪立法所蕴含的法治思想就是新时代法治思想中重要的组成部分,它是由中国特色社会主义法治思想中“坚持以人民为中心”的理论与刑法的学科属性,刑法的法律属性所结合起来而形成的。近三年,未成年犯罪立法取得了多项重大成果,从刑法修正案十一下调刑事责任年龄,到对于《预防未成年人犯罪法》的再修订,以及《未成年人保护法》的出台,都体现了新时代中国特色社会主义法治思想指导下,未成年犯罪立法事业取得的长足进步以及未成年犯罪立法工作的指导和推动。

The operational mechanism of our juvenile delinquency legislation is that our party and state, in the course of building socialism with Chinese characteristics, under the guidance of the thought of socialist rule of juvenile delinquency with Chinese characteristics in the new era, according to the legal procedure, turn the theory into specific laws and regulations and practice of the movement process. As a scientific theoretical system of the rule of law, the thought of socialist rule of law with Chinese characteristics contains not only the general theory of the rule of law, but also the core points of all fields, levels and links of the rule of law in an all-round way. The idea of the rule of law in juvenile delinquency legislation is an important part of the idea of the rule of law in the new era, it is formed by the combination of the theory of “Sticking to the people-centered” in the thought of socialist rule of law with Chinese characteristics with the disciplinary and legal attributes of criminal law. Over the past three years, major achievements have been made in juvenile delinquency legislation, ranging from the lowering of the age of criminal responsibility in Amendment XI to the revision of the Prevention of Juvenile Delinquency Act, and the enactment of the law on the protection of minors, all of which reflect the socialist rule of law with Chinese characteristics in the new era, the legislative juvenile delinquency has made great progress and the juvenile delinquency legislative work has been guided and promoted.