惩戒与教育的平衡：新《治安管理处罚法》下未成年人违法治理的价值和张力

The Balance between Punishment and Education: Values and Tensions in the Governance of Juvenile Delinquency under the New Public Security Administration Punishment Law

摘要: 本文以2025年修订的《治安管理处罚法》为研究对象，聚焦未成年人违法行为治理模式的理念转型。研究揭示新法通过阶梯式惩戒机制与刚性矫治教育的双轨设计，意味着我国未成年人治理从保护教育向惩戒与保护教育并重的历史性转向。法律修订针对性回应了校园欺凌治理缺位、低龄违法处置真空等现实困境，但实施中仍面临情节恶劣认定标准模糊、矫治资源区域不均等挑战。建议通过制定分级干预规范、构建社会支持网络、完善记录封存细则等路径推进制度落地，最终实现“以惩止行、以教正心”的治理目标。

Abstract: This paper takes the Law on Penalties for Administration of Public Security revised in 2025 as the research object, focusing on the conceptual transformation of the governance model for minors’ illegal acts. The study reveals that the new law, through the dual-track design of a stepped disciplinary mechanism and rigid corrective education, signifies a historic shift in China’s juvenile governance from prioritizing protective education to emphasizing both punishment and protective education. The legal revision has responded specifically to practical dilemmas such as the lack of governance in school bullying and the vacuum in handling underage violations, yet challenges remain in its implementation, including vague standards for identifying “vicious circumstances” and uneven distribution of correctional resources across regions. It is suggested that the system be advanced through such approaches as formulating hierarchical intervention norms, building social support networks, and improving rules for record sealing, ultimately achieving the governance goal of “restraining behavior through punishment and correcting the mind through education.”