school
Macau Periodical Index (澳門期刊論文索引)
- Author
- Li, Spencer De
- Title
- Chinede problem-sloving courts and juvenile justice reform
- Journal Name
- Universidade de Macau : Boletim da Faculdade de Direito = 法律學院學報
- Pub. Info
- 2020, No. 47, pp. 97-110
- Keyword
- Pronlem-sloving courts；Juvenile courts；Mediation；Judicial reform；China
- Abstract
- As a judicial system,the Chinese problem-solving courts are more deeply rooted in traditional judicial approaches than therapeutic jurisprudence that fueled the movement in the West. Nevertheless, they share many similarities with problem-solving courts, this article fist introduces the cultural and legal tradition that served as background for the judicial innovations. It then reviews the social and econmic conditions that provided impetus for the problem-sloving court-the juvenile court- the legal reform, the challenges it confronts, and the improvement it can achieve. Paragraph Headings: 1. Traditional legal culture and problem-solving practices in China 2. Informal social control and chinese problem-solving practices 3. Litigation vs. mediaton 4. The rise of problem-solving courts in China 5. The structure, operation and functions of juvenile courts as problem-solving courts 6. The structure of juvenile courts 7. The age restriction 8. The main emphasis of juvenile courts 9. The adjudication process 10. Psychological evaluation and report 11. Reconciliation 12. Sentencing 13. Challenges 14. Discussion