On The Juvenile Delinquency Of Non-custodial Penalty Applicable Investigation Report

In recent years, the juvenile delinquency has become increasingly prominent, how toeffectively prevent, control of juvenile crime, building with minor physical characteristics andthe characteristics of the crime, beneficial to the rehabilitation of juvenile criminals penaltysystem is very important. After many years of practice, imprisonment of drawbacks graduallyrevealed, is easy to cause the cross infection of minor offenders, and crime, imprisonmentcaused expensive, is not conducive to juvenile delinquents to return the society. People haveto admit minor to prison is not the most effective way to transform them, nor the best way toprotect society, to reflect the humanity, more in line with the minor crime characteristic, moreto meet the physical and mental characteristics of minors non-custodial penalty.This article take Chongqing as the blueprint, to whole town40grass courts and5intermediate people’s Court of first instance of2002-2011years of minor criminal cases asinvestigation object, through archival data method, survey method, interviews, case study andother research methods, analysis of non imprisonment penalty in juvenile delinquency in theapplication. Found in the minor crime of non imprisonment punishment applicablecharacteristics significantly: from non imprisonment punishment at the different ages foroverall situation, non-custodial penalty in juvenile crime in relatively large, consistent withapplicable criminal policy of combining punishment with leniency; the minor crimepunishment for the overall situation, the non-imprisonment punishment applicable percentagerising, but still with imprisonment as the center; from non imprisonment punishmentapplicable modes, probation dominate, control and application of fine penalty rarely; fromnon imprisonment punishment for crime type, non imprisonment penalty crime, crime typefixed focus. Thus found that although the minor crime the non-imprisonment punishmentapplicable rates generally rise, but can be applied to non imprisonment punishment of crime,the actual application proportion was not high, and "give priority to education, supplementedby punishment " for the purpose of far. Investigate its reason, mainly in criminal justice for minors apply non imprisonment punishment judicial idea, system settings, the judicialoperation appeared different degree problems, non imprisonment punishment applicable effectis not just as one wishes, these factors interference or inhibition of non imprisonmentpunishment in the division method of the effective application. But in the final analysis theseproblems from legislation, judicature, execution of three aspects, the author from theimprovement of non imprisonment punishment legislation system, judicial system, executivesystem, put forward to perfect minor crime non-custodial penalty thought, to achieve "education, transformation, save " minor’s ultimate goal.