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Juvenile delinquency is a common social problem faced by all countries in the world, and it is regarded as one of the three major contemporary public hazards. In recent years, the problem of juvenile delinquency in China is quite prominent, which not only causes serious harm to society, but also defiles the precious youth of teenagers. According to the statistics of China Youth Research Center, juvenile delinquency has been on the rise again in recent years after experiencing the low tide of 1995 and 1996. Therefore, in order to understand, control and prevent juvenile delinquency, it is particularly important to analyze the inducing factors of juvenile delinquency in China's current social environment.
First, the definition of juvenile delinquency
Juvenile delinquency in Chinese mainland is not a concept in strict legal sense, but a concept often used in criminology research and real life. It is put forward from the perspective of sociology and criminology, not the criminal interpretation in the sense of criminal law. The concept of juvenile delinquency in China has narrow sense and broad sense. In a narrow sense, juvenile delinquency refers to the behavior of minors who have reached the age of 14 and are under the age of 25, endangering society and violating the criminal law, and should be punished according to law. The concept of juvenile delinquency in a narrow sense is the concept of crime in criminal law, and its purpose is conviction and sentencing. Juvenile delinquency in a broad sense refers to bad behavior, illegal behavior and criminal behavior of teenagers aged 6-25. Bad behavior refers to the bad behavior and serious bad behavior stipulated in the Law on the Prevention of Juvenile Delinquency. Illegal acts refer to all acts that violate the regulations on administrative penalties for public security, and criminal acts are all acts prohibited by the criminal law. The broad concept of juvenile delinquency is the concept of juvenile delinquency in criminology, and its purpose is to prevent juvenile delinquency. Therefore, the juvenile delinquency mentioned in this paper refers to a broad concept.
Second, the current situation of juvenile delinquency in China
According to some data, the crime growth rate in China has exceeded 24% since 10. According to official statistics, the proportion of juvenile delinquency has remained at 70% during 1980- 1989. Among them, 15 and 16 years old juvenile crimes account for more than 70% of the total number of juvenile crimes.
Juvenile delinquency in China has two characteristics. On the one hand, it is the inherent characteristics of juvenile delinquency for a long time. First, from the nature of crime, it is becoming more and more violent. Second, it has the characteristics of greed to satisfy material desires; Third; From the form of criminal organization, it has the characteristics of gangs; Fourthly, from the age of the subject, juvenile delinquency is characterized by younger age; Fifth, juvenile delinquency is repetitive; Sixth, juvenile delinquency has the characteristics of suddenness. On the other hand, with the rapid development of China's economy, the further establishment of the market economy, and the social problems such as unemployment, education industrialization, and the disparity between the rich and the poor, social contradictions have become increasingly intensified. Juvenile delinquency also presents some new characteristics and trends:
First of all, the relationship between the Internet and juvenile delinquency is increasingly close. While the popularization and development of information technology bring convenience to modern life, its catalytic effect on juvenile delinquency is becoming an indisputable fact. Teenagers' addiction to internet cafes has developed into a minor violation, because they browse violent, pornographic and other web pages online. If it continues, it may lead to crime. Including addiction to internet cafes, truancy, robbery and theft to raise money to surf the internet; Addicted to virtual online dating, the unacceptable gap between crime and reality; And crimes committed through the Internet.
Second, the crime of minors in rural areas has risen sharply, and the crime of minors flowing from rural areas to cities is prominent. The increasing rural surplus labor force and soaring education expenses make more and more rural teenagers join the ranks of migrant workers. However, these new migrant workers, on the one hand, are often difficult to gain a foothold in the city because of their low education level and lack of basic skills for survival; On the other hand, the colorful life in the city is very attractive to them. Therefore, they always try their best to join the city, and finally when they are at the end of their tether, they will take risks and even try their best.
Third, the proportion of sexual crimes is large and there is an upward trend. With the popularity of pornography and family entertainment facilities, the relationship between teenagers and sex is becoming more and more obvious, such as puppy love, cohabitation, sexual behavior between classmates and friends, especially paid pornography services. However, under the current education system, formal and healthy sex education for teenagers is almost blank. Therefore, the understanding of sex in precocious puberty is both mysterious and exciting, which can easily lead to juvenile sexual crimes under the temptation.
Thirdly, analyze the causes of juvenile delinquency in China's current social environment.
The causes of juvenile delinquency can be seen from two aspects: internal factors and external factors. Internal factors mainly refer to the main psychological and physiological characteristics of teenagers in this period, including the rapid physiological development and exuberant endocrine of teenagers, which made them restless and lively, but lagged behind in physiology, unable to understand the social consequences and responsibilities of their behavior, so their behavior was controlled by instinct, lacking judgment and decision-making process, and vulnerable to bad external incentives. External factors include natural environmental factors and social environmental factors. The following briefly analyzes the causes of juvenile delinquency caused by social environmental factors at this stage in China.
(1) Family reasons
Family is the cell of society, the most basic unit of life, and the earliest group relationship that teenagers come into contact with, which has a great influence on teenagers' psychology. Makarenko believes that students' main educational foundation is laid in early childhood. He said: "Everything done before the age of five is equal to 90% of the work in the education process." A large number of investigation materials show that poor family education is one of the main reasons leading to juvenile delinquency. In today's society, bad families mainly have the following situations:
1, the destruction of the natural structure of the family
The so-called destruction of the natural structure of the family includes: parents are dead, parents are single, parents are divorced, parents are separated, parents are remarried, one parent is mentally ill, both parents or one parent is sentenced, and labor reform. Due to the destruction of the natural structure of the family, children will inevitably lose discipline or lack discipline. Some people are tempted by bad people because they lost their maternal love when they were young and went outside to look for "friendship" and "warmth". Some people embark on the road of crime because their families are hit, there is no hope of further study and employment, material life is difficult and they are dissatisfied with society. Some people leave their families and live in society because of the abuse and discrimination of their stepparents, and learn to steal. Although some of them may get some care from relatives, neighbors or teachers, after all, they are limited, resulting in children's bad habits and abnormal behaviors not being discovered and corrected in time.
2. The influence of family ideology
In some families, parents quarrel endlessly about trifles, and even fight, which not only sets a bad example for children, but also loses the harmonious and warm atmosphere of the family because of frequent quarrels. Parents have no intention to educate their children and let them go with the flow. Or it is because parents' behavior is not solemn and disorderly, and they have not established a normal authoritative image, which makes teenagers form bad character or imitate bad behavior, leading to abnormal behavior (including illegal crimes).
3. Incorrect family education methods
Some parents dote on their children, which makes their children's character have obvious characteristics of willfulness and egocentricity. Once teenagers with this personality set foot in social life, it is easy to ignore social morality and legal norms, pursue their own goals with a selfish and willful attitude, and thus commit crimes.
Some parents adopt simple and rude education methods for their children, which leads to their rude and indifferent personality. Such teenagers are prone to violent attacks when dealing with interpersonal conflicts, which leads to illegal crimes.
There are also some families with financial difficulties, which lead children to get involved in society prematurely and go out to work. Due to the lack of normal family life and cultural education, many of them have strayed into criminal groups. Most male teenagers live by stealing and cheating, while female teenagers take prostitution as their "occupation". Moreover, these people have a strong sense of breaking the law and committing crimes, and it is very difficult to educate and reform. It is very harmful to society to catch and let go, not repent, and return to the old business.
(B) School factors
Due to the problems in the education system, Chinese schools tend to pay more attention to intellectual education than moral education, and unilaterally pursue the enrollment rate, resulting in some students lacking the ability to distinguish good from evil, true and false, beauty, ugliness, honor and disgrace, lacking immunity to some negative effects in social life, and easily going astray. Moreover, the school's legal education and physical health education for students are a mere formality, and many grass-roots schools have no psychological counseling measures at all. Some teachers lack understanding of students' physiological and psychological knowledge, especially the underachievers, and do not know how to carry out mental health education. The way of education is too simple, except criticism or criticism, and even forced to retreat and expel the "mountain gate." As a result, they broke down and fell into the streets, looking for "bosom friends" and formed a passive informal group. Over time, it is easy to embark on the road of gang crime.
(3) Social factors
The influence of social unhealthy phenomena on teenagers can not be ignored. What people now call "yellow", "gray", "black" and "tricolor pollution" are particularly harmful to teenagers. At present, in the cultural market, audio-visual products of books and newspapers are full of unhealthy contents such as feudal superstition, murder violence, obscenity and pornography, which has caused serious pollution to social culture. Among them, "yellow pollution" is the most serious corrosion to teenagers. At the same time, the "gray pollution" of abuse of power for personal gain, corruption and bribery, and backdoor connections has also attracted some teenagers. The "black pollution" with underworld violent crimes has made some teenagers imitate it one after another, stressing "brotherhood", bowing their heads to form alliances, fighting and fighting, and endangering society.
Judicial factors
Although China's laws pay more attention to the protection of minors, there is no clear protection for adult crimes in juvenile crimes, resulting in a gap in judicial practice and academic research. For example, in the process of implementing the Criminal Procedure Law, there are some "long-standing problems" such as extorting confessions by torture, meeting with lawyers, and prolonged detention. All these may make those who are unfairly treated and prosecuted for bending the law have rebellious mentality, and then resist or even be hostile to society. For teenagers, this kind of psychology is more likely to appear. In these respects, there is a disconnect between judicial pragmatism and legal provisions. Moreover, in the prison management of juvenile offenders, the "cross-infection" in prisons has not been well reduced, and the "cross-infection" effect of prisons on juvenile offenders is more prominent because their resistance is weaker and their imitation ability is stronger. We should pay full attention to this.
Fourth, the prevention countermeasures of juvenile delinquency
Juvenile delinquency is a social problem with many reasons, which can be said to be a social "syndrome". We should rely on the strength of the whole society to carry out comprehensive management. As the United Nations Guidelines for the Prevention of Juvenile Delinquency (Article 2) put forward: the successful prevention of juvenile delinquency requires the efforts of the whole society; China's Law on the Prevention of Juvenile Delinquency (Article 3) also clearly points out: "To prevent juvenile delinquency, comprehensive management should be implemented under the leadership of people's governments at all levels." Specifically, there are the following aspects:
(1) family.
It is the responsibility and obligation of parents to educate their children. It is parents' dereliction of duty to raise children without teaching, and it is parents' sin to teach children badly. To fundamentally stop juvenile delinquency, we should attach importance to family education. As parents, while creating a harmonious family atmosphere, they should not only provide good material guarantee for their children's growth, but also educate and communicate their children psychologically and spiritually. Under normal circumstances, juvenile delinquency is a precursor, so parents should observe it carefully and guide it in time. Tell teachers and neighbors about children's bad words and deeds, and strive for their help and cooperation to form a supervision circle around children. Through supervision and guidance in all aspects, children can recover and grow up healthily. The judicial department should also impose mandatory legal sanctions on parents who fail in education.
(2) school.
As a school, we should correct the guiding ideology of running a school and do a good job in quality education and moral education; Strive to improve teachers' quality, especially pay attention to teachers' political quality and moral cultivation; At the same time, we should do a good job in the legal education of students. Through these legal education, the majority of young people can understand their rights and obligations, know what behaviors are advocated by society, allowed by law, prohibited by law and illegal, and know, understand and abide by the law.
(3) Social aspects
Social prevention mainly refers to purifying the social environment, creating a good social environment conducive to the physical and mental health of teenagers, mobilizing social forces, and strengthening the education and protection of teenagers in order to control and reduce juvenile delinquency.
First, take practical and effective measures to prevent the infection and infringement of the three major pollutions of "yellow", "gray" and "black" on young people, and resolutely ban audio-visual products containing pornography and violence. At the same time, strengthen the comprehensive management of hair salons, saunas and other pornographic places and business places that may induce pornographic activities, so as not to let the sludge and turbid water erode our next generation.
Second, standardize Internet cafes and purify the social environment. Work hard on the management of internet cafes to really keep teenagers away from unhealthy internet cafes.
Third, strengthen the management of rental houses and hotels, and further improve and strengthen community management. In the face of unemployment, laid-off, more and more social idlers and migrants, we should carry forward the advantages of community management and implement more effective and scientific management to make the community a strong barrier to crime prevention.
Fourth, improve the rural security system. By making better use of rural surplus labor resources, rural migrant women can get effective resettlement and good education.
(4) the judicial aspect
China's criminal law fully embodies the internationally accepted principles of education, prevention, protection and socialization in legislation. The combination of protection and punishment embodies the principle of leniency and humanity, and the combination of dealing with bad behavior and criminal behavior embodies the principle of crime prevention. But after all, these principles are only principles, and in some aspects they are still not operable or even can't be followed. However, China's laws provide lenient treatment for juvenile delinquency, but there are no corresponding legal measures to strictly punish it. Therefore, between the specific legal practice and the matching and implementation of legal provisions, it needs to be further refined and improved.
To sum up, from the social environment, there are many reasons for juvenile delinquency, such as family, school, justice, social atmosphere and so on. We should adopt family prevention, school prevention, judicial prevention, social prevention and other preventive methods to carry out comprehensive management to prevent and reduce juvenile delinquency.