The Dualistic Model of Juvenile Justice System in China: In & Beyond Criminal Justice

SummaryIn October 1984, Shanghai Changning district people's court established the first collegial panel of our country specializing in juvenile criminal cases; and it marks the beginning of the juvenile justice reform in China. After 30 years of development, the philosophy of juvenile justice has changed; juvenile judicial institutions are growing and juvenile justice system has gradually formed. Different from the practices of juvenile court in Western countries such as the U. S., Japan, and Germany, juvenile delinquency or deviant behavior that does not violate the criminal law would not enter the judicial process, but rather, would be handled by administrative agencies such as the police, and subject to coercive measures including educational measures, protective measures, and punitive measures in China. Among these measures, education through Custody as a strict administrative punishment can deprive the personal liberty of the juvenile delinquents for as long as four years. Instead of ruling by court through the due process in accordance with the law, decisions of education through custody are made by the administrative organs in practice. This practice is probably unique in the world.