重庆社会科学

针对因年龄问题不承担刑事责任的触刑未成年人,发挥着对该群体惩处和挽回重要功能的收容教养制度刚被专门矫治教育制度所替代。专门矫治教育制度仍存在法律规定不健全、适用对象及适用条件不明确、程序缺乏科学性、执行机构混乱和矫治教育方式单一等问题,引发学界关于其法律定性、存在必要等问题的探讨和争议,其实际执行效果与实际需要不相适应,收效甚微。新时代应围绕专门矫治教育完善立法与配套法律法规,明确适用对象的年龄范围、适用条件,重构司法程序,对执行机构和矫治教育体系等方面加以重构和规范,使该制度发挥出应有的作用,进一步促进我国少年刑事司法制度的发展。

For minors in conflict with the law who are not criminally responsible because of their age,the correctional system, which plays an important function in punishing and rehabilitating this group has just been replaced by the special correctional education system. The special correctional education system still suffers from unsound legal provisions, unclear application objects and conditions of application,lack of scientific procedures, confusion in the executive body and single correctional education methods,which have led to discussions and controversies in academic circles about its legal characterization and the necessity of its existence, and its actual implementation effect is not in line with the actual needs and has little effect. In the new era, we should improve the legislation and supporting laws and regulations around specialized correctional education, clarify the age range and application conditions, reconstruct the judicial procedures, reconstruct and regulate the executive body and correctional education system,so that the system can play its proper role and further promote the development of China's juvenile criminal justice system.