한‧중 소년법제의 발전 비교연구

Although Korea and China share similar historical and cultural backgrounds, their juvenile policies and legal systems are different due to the differences in the legal system. The term “minor” has been frequently used in China, and the object of juvenile crime is usually minors between ages 14 and 18. Korea’s Juvenile Law has been amended six times so far. Recent amendment in December 2007 improved the juvenile legal system from a punishment- oriented system into an education and guidance-centered system. Features of China’s juvenile crime are that the yearly increasing rate of juvenile crimes compared to the overall criminal cases and that majority of them are violence and property crimes. In September 1991, the Juvenile Protection Law was enacted to control such juvenile crime. The law consists of 7 chapters and 56 articles, and it went into effect since January 1, 1992. Since then, the Juvenile Crime Prevention Law was enacted in June 1999 and became effective on November 1, 1999. The Juvenile Protection Law and the Juvenile Crime Prevention Law are becoming the core of China’s juvenile legal system. In December 2006, China’s Juvenile Protection Law was amended and went into effect on June 1, 2007. It reinforced the minors’ rights and defined the responsibilities of the subject of juvenile protection as well. As the organization of laws in Korea consists of acts, enforcement decrees, and detailed enforcement regulations, Korea’s juvenile legal system has been developed to a relatively stable and unified juvenile legal system. In contrast, China’s juvenile legal system has been established by administrative and local regulations rather than laws, and since there are too much subordinate laws than superior laws, the legal system is rather unstable and lacks unity. This situation, however, is expected to be improved soon as legal reforms and improvements are fast progressing in China.