Juvenile Justice in China: A Possible Responsive Pyramid?

Abstract

China has maintained a significant subjustice system for juvenile offenders despite its shift to a more formal criminal justice system. The Chinese juvenile justice system emphasizes Confucian doctrine and focuses on education and responsibilities through informal persuasion and resocialization. This seemingly conforms to Braithwaite's (2002) responsive regulation theory. The core of the theory involves listening to multiple stakeholders and making a responsive (deliberative and flexible) choice from various regulatory strategies that can be conceptually arranged in a pyramid. At the bottom of the pyramid lies frequently used, less coercive, restorative strategies that should be considered the first choice. By analyzing Chinese culture and the characteristics of the juvenile justice system, this chapter attempts to discuss the potential of Chinese juvenile justice to fit into the framework of responsive regulation and the challenges it faces. This chapter provides a holistic lens to understand the juvenile justice system in China and inform policymakers of how to make the system more responsive and effective. Show more