Juvenile Justice Reform and Child Protection System: A China Case Study
in book: Ko Ling Chan (ed.) Child Protection in Chinese Societies: Challenges and Policies (Nova Science Publishing 2012) Chapter 6, Page 95-118
Posted: 22 May 2018
Date Written: January 1, 2012
Ensuring a child's rights of access to justice and dignity is one of the fundamental principles of the United Nations Convention on the Rights of the Child (CRC). Since the 1980s, China has explored the issue of establishing a juvenile justice system. However, the current Penal Code and Criminal Procedure Law still contain no judicial diversion mechanism for children, and thus the issue of juvenile justice remains a law in the making. In addition, the absence of a unified child protection system with appropriate mandates increases the risk of vulnerable groups of children, especially migrant children in cities and left-behind children, coming into conflict with the law. The double insufficiency in the judicial sector and the administrative sector reveals the need to accelerate the reform of juvenile justice and to establish a comprehensive child protection system in China. The chapter will first examine the interdependency of the child protection system and the juvenile justice system from the perspective of child rights and then review the situation in China by focusing on the ongoing juvenile justice reform and local innovative pilot practices. This will be followed by an analysis of the success of these measures and the challenges that remain. Finally, practical recommendations on ways forward will be presented.
Keywords: juvenile justice, China, child rights, appropriate adult
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