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

See all articles by Yuan Qiong Hu

Yuan Qiong Hu

University of London-School of Oriental and African Studies(SOAS), School of Law

Ying Hui Song

Independent

Date Written: January 1, 2012

Abstract

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

Suggested Citation

Hu, Yuan Qiong and Song, Ying Hui, Juvenile Justice Reform and Child Protection System: A China Case Study (January 1, 2012). in book: Ko Ling Chan (ed.) Child Protection in Chinese Societies: Challenges and Policies (Nova Science Publishing 2012) Chapter 6, Page 95-118. Available at SSRN: https://ssrn.com/abstract=3174798

Yuan Qiong Hu (Contact Author)

University of London-School of Oriental and African Studies(SOAS), School of Law ( email )

Thornhaugh Street
Russell Square: College Buildings 541
London, WC1H 0XG
United Kingdom

Ying Hui Song

Independent ( email )

No Address Available
United States

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