Non-conifnement Penalty:an Important Trend Of Juvenile Criminal Policy

In recent years, juvenile delinquency has become one of the world three bigcriminal type ranks, following drug crime, environmental crime. Although there areregional differences in the juvenile justice system in different countries, non-crime,non-penalty, non-confinement penalty has reached a consensus. This essay is based on“the youth oriented” idea, persist in “education, persuasion, redemption” and“education while making punishment subsidiary” juvenile criminal policy, advocatethe expansion of non-confinement penalty against young illegal criminals in thejudicial practice, correct them in social environment, to avoid adverse effects byimprisonment and make them can normal socialization, guarantee the benign cycle ofsocial organism.This paper consists of five parts:The first part is the definition of the basic notions. Legal terms pay attention to theaccuracy and unity, but there is not the unity of the provisions about the concept ofadolescent, non-confinement penalty in the field of juvenile justice, Therefore theauthor defines the related concept of juvenile firstly. The author believes the scope ofyoung age should be divided into three levels, which is between12to14, between14to18, between18to22, the reasons for the division are demonstrated in the aspect ofthe relevant provisions of international law and their own physical and mentaldevelopment. Secondly, in this paper, the author use “juvenile” instead of “juvenileadult” and “minor”, In addition, the concept of juvenile crime in this paper isgeneralized which is juvenile delinquency including serious bad behaviors. Theauthor also thinks non-confinement penalty not only apply to juvenile delinquency butalso the serious behaviors. So in this section, the concept of non-confinement penaltynot only contains non-imprisonment criminal punishment but also includes othernon-custodial measures.The second part is the theory analysis on non-confinement penalty for juveniledelinquency. First of all, the author explains the juvenile criminal policy in China andthe west. The policy of juvenile delinquency in our country is “education, persuasion,redemption”.It has different approaches but equally satisfactory results with thepolicy in education, welfare mode. Secondly, the author explains theoretical basis of non-confinement penalty for juvenile delinquency in China. In the influence of“parental right of state theory”,“education theory of punishment,“individualizationof punishment principle”, as well as the Confucian thought of "care for the young".Non-confinement penalty has its foundation and soil to existence. Finally, throughdiscussing the value of non-confinement penalty, we hope it can be widely applicable.The third part is the analysis of the present situation, problems and causes ofnon-confinement penalty for juvenile delinquency in china. Through the categories aswell as the application of non-confinement penalty, On the one hand it can makepeople understand the non-confinement penalty more explicit; On the other hand itshows many problems in practice, such as single variety, the lower relevance factor.Then analyze the reasons for those problems, and provide suggestions to improve thenon-confinement penalty system.The fourth part is the comparison of non-confinement penalty between China andforeign countries. After data gathering, the author discusses non-confinement penaltyin Germany, Japan, America, the UK and Hong Kong and Macao. By comparison, wecan see that the relevant legislation of non-confinement system is specific and detailed,the categories non-confinement penalty is plentiful, and their related institutions areperfect. Then we should accord to our actual situations and draw on the experience ofthose regions.The fifth part is the idea of building up n non-confinement system for juveniledelinquency. Firstly change the concept of juvenile justice, expand the application ofnon-confinement penalty for juvenile delinquency; secondly, improve the legislation,establish independent juvenile justice system; thirdly, we should have a rich variety ofnon-confinement penalty; we should improve the corresponding systems. Through theabove analysis, we hope to perfect the system in order to protect the juvenile...