Social assistance and education refers to a non-punitive social education management activity in which all social departments, units and individuals help and educate specific objects. Part of the comprehensive management of social security. China proposed to solve the problem of juvenile delinquency after 1979.
Its target generally includes those who have committed illegal or minor crimes, which are not serious enough for criminal punishment, and may continue to commit crimes, mainly 13 to 25 years old teenagers.
For those released from prison, released from reeducation through labor or detained juveniles, whose performance is still poor after work-study education, and who may continue to violate the law and commit crimes, they shall be released from reeducation through labor in advance, or their parents, units or guardians shall be allowed to take back their disciplined personnel with the approval of the reeducation-through-labor organ.
Social assistance and education adhere to the principle of equality between the two parties, help solve practical difficulties such as further education, employment, marriage and love, and combine them with ideological education, education, probation and salvation.
For a long time, social assistance and education has been playing an important role in preventing recidivism in China, and it is also an inevitable requirement of the current juvenile criminal justice situation. According to the age characteristics of juvenile offenders, Articles 17 and 49 of the Criminal Law of People's Republic of China (PRC) have made special provisions when applying penalties to juvenile crimes.
Article 17 stipulates: "A person who has reached the age of 14 but is under the age of 18 commits a crime shall be given a lighter or mitigated punishment." Therefore, juvenile delinquency is lighter than that of adults in sentencing.
Chu et al. investigated the handling of juvenile cases accepted by Shanghai Inspection Institute 200 1. In 200 1 year, the procuratorial organs accepted 77 criminal cases of minors, of which 43 were sentenced to actual punishment, 30 were sentenced to probation, 3 were exempted from criminal punishment, and no prosecution was initiated 1 case. Of the 43 cases actually pronounced, few were sentenced to more than two years in prison.
It can be said that most minors were released one after another shortly after being sentenced. It can be seen that minors who have entered the primary criminal law have not been educated and reformed for a long time under the coercive force of punishment. In particular, a considerable number of minors have not been isolated from society. After being tried and punished by judicial organs, they still study, live and work in the original environment.
The current situation of judicial disposal shows that not only specialized juvenile supervision institutions should undertake the correction and education of juvenile offenders, but also the society should undertake enough relatively concentrated intervention to help correct the growing criminal psychology of problem of juvenile offenders.
As an alternative to imprisonment, community correction should play a corresponding role in this respect. At the same time, social assistance and education, as a traditional and effective way to help juvenile offenders in China, still plays an irreplaceable role. However, in practice, the rescue and management of minors who have committed crimes are obviously not implemented enough.