The Enlightenment of the Establishment and Operation of American and Taiwan Juvenile Courts to Mainland China: from Respecting Juvenile Subjectivity

• Main Authors: ZHANG, ZHI-BO, 張知博
• Other Authors: LIN, CHAO-CHUN
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/2g3t34

博士 === 國立臺北大學 === 法律學系一般生組 === 106 === The United States established the first juvenile court of the world in 1899 in Chicago to create juvenile justice different from criminal justice, and gradually affected the juvenile legal system of other countries. However, due to changes in the social background, the US juvenile court abandoned the original concept of protectionism and embarked on a strict line which appears to criminal court, such a juvenile court lost its value. The juvenile physical and mental characteristics were gradually neglected, the best interests of juvenile was replaced by "behavior - responsibility", juvenile was regarded as the object of social defense, and were excluded to the edge of society. Although Taiwan set up the first juvenile court in 1999 - Kaohsiung juvenile court (later changed to Kaohsiung juvenile and family court). The treatment for Delinquency of teenagers stressed that " temper justice with mercy " . Therefore, "Juvenile Delinquency Act " was known as " mini criminal law " in the past. But a substantial action to amend the law in 1997 , not only the establishment of juvenile courts, the community treatment introduced to the juvenile justice system and the addition of a series of flexible, Taiwan has achieved the conversion of the juvenile justice policy from " punishment " to " protection " . On the basis of introducing and evaluating the establishment and operation system of Taiwan and American juvenile court, this paper reviews and reconsiders the development of juvenile legal system in mainland China. Secondly, the necessity of establishing juvenile court in mainland China, the conversion for the idea of juvenile court. The paper discusses how to construct the juvenile court suitable for the legal environment of the Chinese mainland, and tries to explore a way to the development of the juvenile court of the China mainland.