未成年人犯罪案件刑事附带民事诉讼若干问题探析——以我国新《刑事诉讼法》的相关规定为中心

2012年修改的我国《刑事诉讼法》实施后，未成年人犯罪案件刑事附带民事诉讼中可能存在“合适成年人”无法作为民事诉讼法定代理人以维护有关未成年人民事权益、适用“当事人和解的公诉案件诉讼程序”时将被告人赔偿与否作为量刑情节而造成对被告人不公、适用“简易程序”时法官施压调解而干预阻碍被告人行使民事诉讼权利、审判人员能否兼备审理刑事案件与民事案件的专业素养等问题。为了在发挥刑事附带民事诉讼制度优点的同时一定程度上控制其缺陷所造成的不利影响，司法解释应规定在未成年人犯罪案件中，刑事附带民事诉讼制度不适用于刑事附带民事诉讼的民事部分标的金额较大的情形、被告人可能被判处较重刑罚的情形、刑事附带民事诉讼的刑事部分与民事部分审级不一致的情形、案件审理时间较长的情形。     

Juvenile or adult? Negotiating and contesting childhood in the courtroom

Legislative changes during the 1980s and 1990s made it easier to treat juveniles as adults in the U.S. justice system. Research on the sentencing outcomes of juveniles in the criminal court has been somewhat mixed, with some studies showing that they receive severe or long sentences and others showing that many young people receive probation or relatively short jail or prison sentences. Less attention has been placed on the process through which these cases move through the criminal court and the ways in which the labels of “juvenile” and “adult” are negotiated and contested by legal actors. Using both qualitative and quantitative data, this article examines the negotiation of these labels. While it finds that legal rules are important in establishing the potential outcomes in a case, the power of specific actors and the context of specific courtrooms are also important in shaping the negotiations and contestations over these labels. The article provides a framework to understand outcomes and presents ways that advocates can become involved in helping to shape the outcomes of these cases.     

Building a youth-led movement to keep young people out of the adult criminal justice system

Through the lens of the Youth Art & Self-empowerment Project (YASP), this article explores the impact that the adult criminal justice system has on young people and how young men and women in Philadelphia are organizing to challenge that system. YASP has developed an innovative model for supporting and training young people in Philadelphia's adult jails and recently released from the adult jails to build a youth-led movement to repeal adult transfer laws in Pennsylvania. Through stories of personal experience and collective struggle, this chapter illustrates the power of young people taking back control of their city, their state, and their own destinies.     

The global three: A Malaysian lens on the challenges and opportunities facing restorative justice planning and implementation

From the rise of restorative justice to evidence-based approaches to reducing recidivism, the intellectual landscape of criminal justice has seen considerable change in recent decades. The result is that an increasing number of countries have tackled the task of shifting preexisting political institutions to confirm with these new understandings. This is, of course, no easy feat. A great number of challenges confront willing policymakers, a reality that often puts philosophy at loggerheads with practicality. Moreover, the political process of change is subject to the influence of cultural and institutional norms. In this paper, we look at one particular case study – that of Malaysia’s juvenile justice system – to understand the challenges faced in changing criminal justice policy. We identify three primary categories of challenges and elucidate their shape and impact through the Malaysian example. We also briefly analyze potential opportunities to mitigate and overcome these challenges. Furthermore, we also conclude with several implications for future research that we deem are important to be taken place. In sum, we argue that criminal justice reform must be undertaken with an eye toward important societal and institutional norms, each requiring thoughtful analysis of complex local cases.     

降低刑事责任年龄否定论

降低刑事责任年龄的提议主要立足于三个命题:“犯罪低龄化”现象严重,降低刑事责任年龄是解决“低龄犯罪人”问题的应然手段,低龄未成年人已具备相当的辨认、控制能力。通过对实证数据与相关论据的收集分析,前两个命题得到证伪,第三个命题无法证明,由此可以否定降低刑事责任年龄观点的合理性依据。从我国历史与近代刑事责任年龄设定的发展历程来看,调整年龄节点的主张从未停止,援用的理由相差无几,经历过多次变动与论证后延续至今,具备符合我国社会发展实践的合理性与稳定性。从我国的义务教育设置与年龄之间的对应关系出发,刑事责任年龄确定的基准点应以义务教育的结束为合理节点,采取“从高到低”的刑事责任年龄设定逻辑。综合上述理由,兼顾少年司法“教育为主、惩罚为辅”刑事政策导向,最终得出当前的刑事责任年龄设置合理,不需降低的结论。     

论未成年人恶性犯罪追责机制之完善——以恶意补足年龄规则为鉴

未成年人犯罪在近几年来逐渐倾向于恶性化、低龄化,尤其有关完全不负无刑事责任年龄人的恶性犯罪案件屡屡出现于舆论焦点,社会影响较为恶劣,及时完善刑事责任年龄等相关法律制度尤为重要。可以参考英美国家“恶意补足年龄”规则适用的司法实践,其针对未成年人恶性犯罪个案的犯罪主体资格补足机制,对于未成年人恶性犯罪追责机制完善乃至犯罪防控具有重要意义。针对特定犯罪适当设置特殊年龄区间,并在该区间内,针对特定的犯罪人加以适用“恶意补足年龄”规则,可考虑其于未来我国未成年人恶性犯罪追责机制补充衔接的合理性。     

The Development of Theory and Treatment with Substance Abusing Female Juvenile Offenders

Little is known regarding the specific treatment needs of those female juvenile offenders with a history of substance abuse. While social scientists have advanced distinct theories regarding adolescent substance use and juvenile delinquency, minimal work has been conducted to integrate or link these two. In attempting to further explore their interrelationships, this article will review and incorporate the relevant theoretical and practice milestones in three areas: (1) substance abuse and women, (2) substance abuse and adolescents, and (3) substance abuse and juvenile delinquency, leading to the development of new theory and practice relevant to the female substance abusing juvenile offender population. The authors propose some practice considerations for current interventions with this population and discuss implications for future research and exploration.     

校外教育与青少年创新能力培养

校外教育以其丰富而独特的教育内容和途径,在开拓青少年的视野、拓展知识结构、提升实践能力、激发创新潜能等方面有着显著的优势,被视为是培养青少年创新能力的有效途径和有力保障。对校外教育实施现状的调查发现,目前存在着活动不够持久深入、教学不能因材施教、实践机会不足、指导方式老套、学生主体性发挥受限等诸多问题,成为其进一步发展的阻力。校外教育机构应该通过构建充分发挥学生主体性的活动体系,加强信息公开和自我宣传,提高教师专业素养,建立合理的评价机制等途径．推动校外教育持续发展。     

青少年公民教育的发展脉络、现实问题与未来方向

青少年公民教育是新时期促进国家发展,增加国家实力的基本保障。由于相关概念内涵的模糊不清、推行机制的不完善等原因,导致了我国青少年公民教育的理论体系和实施体系建设的相对滞后。直至20世纪90年代以后在国际和国内环境的双重推动下。青少年公民教育才开始有了实质性的发展和推进:同时也存在着理论体系建构滞缓、教学理念混淆、课程衔接乏力、教育内容知行脱节等现实问题。构建一个适应时代发展需求,符合青少年身心发展特征。校内外有机结合的积极有效的青少年公民教育体系成为了新时期发展青少年公民教育的重要任务。     

动态、风险与防护:未成年人吸毒行为分析

从近3年我国查获的未成年人吸毒情况来看,未成年人吸毒现象出现了总体数量增长、地区分布集中、毒品种类变化等特点。这些变化特征表明:未成年人吸毒的总体风险上升、不同地区的吸毒风险不同,不同毒品类型的风险存在差异。从未成年人的寄存空间来看,未成年人的吸毒风险主要存在于家庭、学校、社会三个方面,并会随着条件的转变而发生变化。对未成年人吸毒的风险防控应当从未成年人自我控制和环境控制两个层面进行构建。     

Doing time,filling time: Bureaucratic ritualism as a systemic barrier to youth reentry

This paper contributes to knowledge about the challenges of youth reentry by examining how transitional services can function as a barrier to – instead of a support for – healthy reintegration of youth. Using participant observation conducted in 2003–2004 at a juvenile aftercare program in Philadelphia, we explore a pervasive problem that Merton (1940) termed “bureaucratic ritualism.” Case workers and administrators became beholden to daily demands related to billing, paperwork, and meeting minimum standards, supplanting the larger goal of individualized care for young people returning from placements. Outputs, not outcomes, became the measure of success. We identify a number of reintegration activities that were ritualistic in nature and explore the features of the system that encouraged ritualistic responses by aftercare workers. Finally, we identify a group of aftercare workers, which we call “proactive caregivers” who resisted the organizational pressures to become bureaucratic ritualists.     

社会建设和权力理论视角下的青少年问题研究

不同的理论视角,对于青少年问题的解读是不同的。社会建构论关于“社会问题是一种界定的社会过程”的观点,福柯的权力论关于“权力一自我一知识”的关系框架,为偏差青少年过程研究提供了新的理论视角。据此得出的结论是,在与社会环境的互动过程中,偏差青少年逐步发展形成的罪错行为和边缘性活动,是青少年“群体表达不满和要求尊重某些一致认定的条件的活动”。偏差青少年在其边缘化过程形成的“共认符号”和“协同行动”产生于其与社会环境互动的人生经验．构成为他们的生活日常知识,并完成了“身份形成”和“身份认同”,实现了青少年群体内的自我肯定。权力一自我一知识的互动关系不断推动着偏差青少年边缘性的社会化过程的发展。     

Sexual abuse and juvenile delinquency

Case records were reviewed of 214 young women admitted to a Juvenile Classification Home in Japan for delinquent behaviour between 1983 and 1987. In 10 cases there were reports of a history of sexual abuse and these were 3 times more likely to be admitted to a Detention Home than other cases. All 10 women came from disrupted and economically disadvantaged family backgrounds. Most were depressed with low self-esteem. Five women were physically abused prior to sexual abuse, but behavioural problems were only concurrent and consequent to the sexual abuse. Most of the women were not believed by their mothers at the time of disclosure. Those women who were later believed by their mothers were more likely to return home (with the perpetrators no longer present) and less likely to continue to be victims of sexual abuse.     

The network dynamics of co-offending careers

Despite the long-standing acknowledgement that crime is a group phenomenon, little research treats co-offending as a dynamic network process. This study analyses the individual and network processes responsible for long-lasting criminal relationships using co-offending dyads from eight years of arrest records in Chicago. Results from proportional hazard models suggest that homophily with respect to age, race, gender, geographic proximity, and gang identity lead to sustained partnerships. Victimization increases the probability of continued co-offending, while the victimization of one’s associates dissuade continued collaboration. Supra-dyadic processes (centrality, transitivity) influence the likelihood of continued co-offending. Results are discussed regarding opportunities and turning points.     

Justice towards youth: Investigating the mismatch between current policy and public opinion

In this article, we present evidence that public perceptions within the United States are not as supportive of the harsh treatment afforded juveniles as public policy would suggest. Based on data from a representative state-wide survey, we used path analysis to investigate whether respondents' understanding and beliefs surrounding child and adolescent development were related to their beliefs surrounding appropriate levels of punishment towards juveniles. We estimated direct and indirect pathways whereby factors such as the age at which a respondent considers a youth responsible for his/her actions and adolescents' cognitive ability were associated with overall attitudes towards punishment. The results indicated respondents' attitudes towards punishment were associated with their beliefs and attitudes concerning different aspects of adolescent development. The results provided support for the premise that deeper knowledge and understanding of adolescent development does make a difference in terms of how individuals view appropriate punishment options. We argue that such evidence can be used as part of a broader advocacy strategy designed to develop more just programs and policies directed at children and youth involved with the justice system.     

Juvenile Violence and Addiction

Abstract

Adolescents commit more than 50 percent of the nation's crimes, and their use of substances both accompanies and facilitates criminal activities. Juvenile offenders exhibit three prominent features: drug involvement, a history of family violence, and intrinsic neurological and/ or cognitive vulnerabilities. This article documents the connection between physical abuse and its impact on cognitive and intrapsychic functioning, as well as the physiological impact on brain function and body chemistry. The implications for the clinical treatment and prevention of juvenile violence and addiction are described.     

Lesbian and Bisexual Girls in the Juvenile Justice System

This article examines the experiences of lesbian and bisexual girls in the juvenile justice system. Its purpose is to document how the juvenile justice system serves this population. The researcher interviewed six lesbian or bisexual youth and six staff participants who work with them and found that the system is lacking in its awareness and treatment of this population. Some problems include homophobia and heterosexism in policy, staff attitudes, and by other girls, disparate treatment of lesbian and bisexual girls motivated by stereotypes and misinformation, and little understanding of the role that sexual orientation may play in a girl's life. Implications for future practice and policy are offered.     

Addictions and the Self

Abstract

This paper describes an experimental, strengths-based pro gram for the treat ment of sub stance abus ing offend ers un der crim i nal jus tice su per vi sion in the United States Pro ba tion De part ment. The program is based upon new phys i o log i cal ev i dence that links ad die tions to the ex perience of hope, and consistent research that identifiesself-efficacy, futu rity and self-es teem as cru cial el e ments in re cov ery. Rooted in con cepts taken from Jung ian and Maslowian ideas of the Self, the program uses techniques gleaned from Neuro-linguistic Programming (NLP) and Ericksonian hyp no sis to pro vide a con tin u ing sense of Self and the pos si bil ity of pos i tive, self-ac tu al iz ing fu tures. This ar ti cle ex plores the the o ret i cal back ground of the pro gram, spe cific tools em ployed, pro gram re suits and sugges tions for fur ther research     

论我国未成年人社区矫正体系的缺陷

未成年人本应是社区矫正的重点对象之一,但我国未成年人社区矫正体系未受到应有重视,存在着诸多问题。在立法上,未成年人社区矫正制度的独立性不足,适用的对象过于狭窄,未形成完整的法律体系。在司法实务中,未成年犯适用社区矫正的比例偏低,尤其是外地户籍未成年犯适用社区矫正的比例更低。在执法中,未成年人社区矫正机构尚未专门化,社区矫正工作人员未能实现专业化,也没有针对未成年人的个性化社区矫正项目。