预防未成年人犯罪问题学校责任的缺失分析与对策研究
发布时间：2019-02-17 14:04
【摘要】：随着教育矫正逐渐成为未成年人犯罪问题的国际公认做法,为有效预防未成年人犯罪,学校作为未成年人接受教育的重要场所,其承担的责任是举足轻重的。本研究着重分析了学校在预防未成年人犯罪问题的责任及其缺失问题。 文章从 1991 年施行的《中华人民共和国未成年人保护法》(以下简称《未成年人保护法》和 1999 年施行的《中华人民共和国预防未成年人犯罪法》(以下简称《预防未成年人犯罪法》)出发,针对未成年人犯罪特点及成因,立足于预防未成年人犯罪问题学校教育的实践,在掌握了相关中外文献资料和未成年人犯罪案例的基础上,从犯罪学、法学、犯罪心理学、管理学、教育学等多学科的角度,对预防未成年人犯罪问题学校责任及其缺失进行全面、客观的分析,力图揭示本质、归纳要点。 文章共分五个部分,由引言及其余四部分正文组成。 引言部分主要介绍了对预防未成年人犯罪问题学校责任进行研究的起因、研究的意义及基本方法与思路。 第一部分通过对已掌握的典型案例以及现有研究成果的分析,对未成年人犯罪现状、特点及成因进行概括,着重体现当前社会发展条件下,未成年人犯罪突出的问题,以期使后面的研究能够体现针对性。 第二部分重点对预防未成年人犯罪的学校责任及其缺失问题进行深入分析。分析从《未成年人保护法》和《预防未成年人犯罪法》对学校责任的法律界定出发,以教育学、管理学理论为指导,对学校责任进行扩展分析,旨在说明预防未成年人犯罪学校责任“是什么”,当前学校责任履行过程中“缺什么”的问题。 第三部分通过大量的案例,对预防未成年人犯罪学校责任缺失的成因进行典型分析。分析没有追求面面俱到,而是突出选取社会现实中最具代表性的导致学校责任缺失的几个方面进行的,力求揭示学校责任缺失的深层次原因。 第四部分以前面三个部分的研究为基础,依据教育学、管理学等理论,从实践层面,提出研究者本人对于有效履行学校责任的建议,旨在解决“怎么办”的问题。 本文通过四个部分的论述得出的结论是: 学校教育在预防未成年人犯罪过程中承担的责任是举足轻重的,法律规定的责任有一定局限性,必须对学校责任进行扩展性分析,才能有的放矢的有效履行学校责任,未成年人犯罪问题才有可能得到长久控制。
[Abstract]:With the education correction gradually becoming the internationally recognized practice of juvenile delinquency, in order to effectively prevent juvenile delinquency, the school as an important place for minors to receive education, its responsibility is very important. This study focuses on the analysis of school responsibility and deficiencies in the prevention of juvenile delinquency. This article starts from the Law of the people's Republic of China on the Protection of minors (hereinafter referred to as the Law on the Protection of minors) and the Law of the people's Republic of China on the Prevention of Juvenile Delinquency (hereinafter referred to as "Prevention"), which came into force in 1991. (law on Juvenile Delinquency) In view of the characteristics and causes of juvenile delinquency, based on the practice of school education on the prevention of juvenile delinquency, and on the basis of mastering relevant Chinese and foreign literature and cases of juvenile delinquency, this paper discusses the following aspects: criminology, jurisprudence, criminal psychology, etc. From the perspective of management and pedagogy, this paper makes a comprehensive and objective analysis of the school responsibility and its deficiency in the prevention of juvenile delinquency, and tries to reveal the essence and summarize the main points. The article is divided into five parts, including the introduction and the other four parts of the text. The preface mainly introduces the causes, significance, basic methods and ideas of the study on the school responsibility for the prevention of juvenile delinquency. The first part summarizes the current situation, characteristics and causes of juvenile delinquency through the analysis of typical cases and existing research results, focusing on the outstanding problems of juvenile delinquency under the current social development conditions. In order to make the following research can reflect the pertinence. The second part focuses on the prevention of juvenile delinquency school responsibility and its lack of in-depth analysis. Starting from the legal definition of school responsibility in the Law on the Protection of minors and the Law on the Prevention of Juvenile Delinquency, and guided by the theories of education and management, the author analyzes the expansion of school responsibility. The purpose of this paper is to explain what is the school responsibility for the prevention of juvenile delinquency and what is lacking in the process of carrying out the school responsibility at present. The third part through a large number of cases to prevent juvenile delinquency school responsibility for the causes of typical analysis. The analysis is not to pursue everything, but to highlight the most representative aspects of the social reality leading to the lack of school responsibility, trying to reveal the deep-seated reasons for the lack of school responsibility. The fourth part is based on the previous three parts of the study, according to the theory of education, management, and so on, from the practical level, put forward the researcher for the effective implementation of school responsibility, aimed at solving the problem of "how to do". The conclusion of this paper is as follows: school education plays an important role in the process of preventing juvenile delinquency, and the responsibility stipulated by law has some limitations. In order to fulfill school responsibility effectively, the problem of juvenile delinquency can be controlled for a long time.
【学位授予单位】：东北师范大学
【学位级别】：硕士
【学位授予年份】：2005
【分类号】：D922.183;D917
本文编号：2425242
[Abstract]:With the education correction gradually becoming the internationally recognized practice of juvenile delinquency, in order to effectively prevent juvenile delinquency, the school as an important place for minors to receive education, its responsibility is very important. This study focuses on the analysis of school responsibility and deficiencies in the prevention of juvenile delinquency. This article starts from the Law of the people's Republic of China on the Protection of minors (hereinafter referred to as the Law on the Protection of minors) and the Law of the people's Republic of China on the Prevention of Juvenile Delinquency (hereinafter referred to as "Prevention"), which came into force in 1991. (law on Juvenile Delinquency) In view of the characteristics and causes of juvenile delinquency, based on the practice of school education on the prevention of juvenile delinquency, and on the basis of mastering relevant Chinese and foreign literature and cases of juvenile delinquency, this paper discusses the following aspects: criminology, jurisprudence, criminal psychology, etc. From the perspective of management and pedagogy, this paper makes a comprehensive and objective analysis of the school responsibility and its deficiency in the prevention of juvenile delinquency, and tries to reveal the essence and summarize the main points. The article is divided into five parts, including the introduction and the other four parts of the text. The preface mainly introduces the causes, significance, basic methods and ideas of the study on the school responsibility for the prevention of juvenile delinquency. The first part summarizes the current situation, characteristics and causes of juvenile delinquency through the analysis of typical cases and existing research results, focusing on the outstanding problems of juvenile delinquency under the current social development conditions. In order to make the following research can reflect the pertinence. The second part focuses on the prevention of juvenile delinquency school responsibility and its lack of in-depth analysis. Starting from the legal definition of school responsibility in the Law on the Protection of minors and the Law on the Prevention of Juvenile Delinquency, and guided by the theories of education and management, the author analyzes the expansion of school responsibility. The purpose of this paper is to explain what is the school responsibility for the prevention of juvenile delinquency and what is lacking in the process of carrying out the school responsibility at present. The third part through a large number of cases to prevent juvenile delinquency school responsibility for the causes of typical analysis. The analysis is not to pursue everything, but to highlight the most representative aspects of the social reality leading to the lack of school responsibility, trying to reveal the deep-seated reasons for the lack of school responsibility. The fourth part is based on the previous three parts of the study, according to the theory of education, management, and so on, from the practical level, put forward the researcher for the effective implementation of school responsibility, aimed at solving the problem of "how to do". The conclusion of this paper is as follows: school education plays an important role in the process of preventing juvenile delinquency, and the responsibility stipulated by law has some limitations. In order to fulfill school responsibility effectively, the problem of juvenile delinquency can be controlled for a long time.
【学位授予单位】：东北师范大学
【学位级别】：硕士
【学位授予年份】：2005
【分类号】：D922.183;D917
【引证文献】
相关硕士学位论文 前2条
1 陈瑞;大学生生态文明观的哲学思考[D];福建师范大学;2011年
2 赵翠华;贵州男性未成年人犯罪的人口学、社会学特征剖析[D];贵州大学;2009年
，本文编号：2425242
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