The implementation of the Eleventh Amendment to the Criminal Law and the Prevention of Juvenile Delinquency Law has changed the term "custody and education" to "specialized corrective education", aiming to solve the problem of juvenile delinquency and improve the juvenile justice system. However, there are issues with the scope of application of the existing regulations and further standardization is needed. Clarifying the scope of application is the key to implementing this system.

1、 Specialized corrective education is different from specialized education

Elaborated in detail the differences between specialized corrective education and specialized education. Firstly, the two are applicable in different places. Specialized education is conducted in specialized schools established by county-level people's governments, while specialized corrective education is conducted in closed-loop management specialized places established by provincial-level people's governments. Secondly, in terms of application procedures, specialized education is proposed by the guardians or schools of minors and decided by the education administrative department, while the decision-making organs for specialized corrective education are the education administrative department and the public security organs. In addition, there are also differences in the treatment measures between the two, with specialized education being linked downwards to disciplinary measures and upwards to specialized corrective education; Specialized corrective education is linked downwards to specialized education and upwards to punishment. Finally, specialized education applies to minors who have committed administrative violations, while specialized corrective education applies to minors who have committed criminal acts but are not subject to criminal punishment due to their age. The chapter also points out that when determining which measures to apply, it is necessary to consider the elements of the criminal offense of the behavior.

2、 Main issues with the scope of application regulations

Identified the problems in the scope of application of specialized corrective education. Firstly, the lack of uniformity in legal provisions has led to differences in the applicability of the Criminal Law and the Law on the Prevention of Juvenile Delinquency. The former includes situations where a person under the age of sixteen does not constitute a crime and situations where a crime is committed but exempted from criminal punishment, while the latter only applies to minors who are under the legal age of criminal responsibility but do not constitute a crime. Secondly, there are omissions in applicable situations, such as minors between the ages of 16 and 18, idle minors in non compulsory education, and minors who are conditionally not prosecuted by the procuratorate, which are not explicitly covered by existing laws. Finally, there is a cognitive bias in the nature and function of specialized corrective education. It is not only a protective measure, but also has the aspect of bearing the legal consequences of crime, with comprehensive characteristics of education, protection, punishment, correction, and coercion.

3、 Suggestions for improving the scope of application

Emphasis was placed on the clarity and importance of the scope of application of specialized corrective education, pointing out the current problems and proposing specific improvement suggestions. Firstly, it is recommended to amend the provisions of the Prevention of Juvenile Delinquency Law and the Criminal Law to achieve uniformity and clarity in their scope of application. Secondly, two applicable scenarios were proposed: when a minor is under age and does not commit a crime, and when a minor commits a crime but is not subject to criminal punishment. At the same time, it is recommended to clarify the applicable procedures for these two situations, including the court judgment and the process of guardian or school application. Finally, the comprehensiveness of specialized corrective education was emphasized, and it was advocated to implement graded and classified treatment for different objects to ensure the effectiveness of education and correction.