Research on the ldeal Model Deal with Status Offense
| Autor: | HUNG，SHU HUA, 洪淑華 |
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| Rok vydání: | 2013 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 101 Summary In light of jurisprudence, for those who violate the penal law are subject to the deserved punishment and re-education. In the view of social welfare, be it normal people or criminals, the rights they are endowed with should not be discriminated due to the identity itself. As a result, for an individual who never infringe upon the law, the state is not able to confine the individual’s act in the name of any legalized penalty; otherwise, it is definitely an unsanctioned order and an abuse of power from the state. A state shall not deprive the people of their obliged rights in spite of their violation against the law. In that case, it is against the equality principle and basic human rights. The youth are the master of our country’s future. One cannot randomly put the youth’s rights at disposal due to their tender age which makes them unable to claim these rights. As well, one cannot easily impose penalty upon the youth simply because their certain behavior does not meet up with the adults’ standard and expectation. From the stipulation of Declaration of the Rights of the Child, Convention on the Rights of the Child, and Standardized Minimum Rules for the Administration of Juvenile Justice, UN, we should not find it hard to base our standpoint on the international tendency and the contemporary prevalent value. Status Offense neither committing crimes nor facing perpetrational victims will incur less harm to our society. However, in view of upholding the social stability and eradicating any possible criminality, these Status Offense are being taken extra concern in the system of criminal judicature. Additionally, the incomplete social welfare policy and measures give rise to the insufficient human power and financial support to take care of the Status Offense. To deal with this problem, the jurisdiction disguises the strict judicial treatment to the potential young criminals under a persuasive term: welfare offer, with an eye to decreasing the possibility of juvenile delinquency. Status Offense face the same judicial treatment with the compulsory force, even the treatment itself capped with the felicitous term, “welfare measures”.Despite the fact that many scholars have come up with theories and points of view to remove these maladjusted adolescents from the application of the judicial system to avoid any malicious labeling. However, the law makers for long are unable to take that standpoint. We hope that the explanation of Council of Grand Justices on article 664 would shed new light on the social affairs system as well as the judicial one. Clinging to the past would only withhold the state from moving forward and strangulate its momentum for the advancement of human rights. Although it has been declared against the Constituionn that Status Offense who are deprived of personal freedom due to their frequent truancy and runaway, other types of Status Offense are not mentioned at all, which reveals that there is a lot to be done to promote equal human rights and individual dignity. As a result, with a view to transferring the Status Offense from the hands of judicial institution to the care of social affairs system, we compare the American and Japanese juvenile laws which have a deep influence upon the stipulation of our own version and examine the orientation and direction of juvenile jurisdiction by means of penal policy. In addition, the explanation of Council of Grand Justices on article 664 is also applied to reiterate the human rights of these Status Offense. With the assistance of domestic relations court and the social affairs units to incorporate the social resources which compose a well-established legislative and institutional system, we aim to provide a different point of view toward these struggling adolescents by connecting our juvenile law with the ongoing trend in the world. Keyword: Status Offense, Diversion, Restorative Justic |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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