| Some recent researches into juvenile criminal law are mostly based on criminal judicature and criminology, and although researches into substantive law of juvenile delinquency are also conducted, they are confined to punishment principles, liability age, concepts, protective crimes and so on, far away from a systematic research. The research of this treatise is conducted in the theoretical system of adult criminal law, so its basic thoughts are rooted in adult criminal law and different from it-juvenile criminal law is special law. To be specific, this treatise gives definitions to juvenile criminal law, including its regulating object, its aims and the relationship between criminal law. The treatise inquires into histories, existing causes, evolution characteristics, legislative outlines and legislative instances of juvenile criminal law at home and abroad. And it prospects the legislative vision of China’s juvenile criminal law and proposes suggestions that we should go through two stages. At the former stage, we should stipulate in the existing common criminal law, that is Criminal Law of PRC, applicable substantive clauses with a specific chapter or a part for juvenile criminal cases. At the latter stage, we should accumulate experiences based on the former stage, and draw special juvenile act or law, which can be either a solely substantive criminal law or a juvenile criminal code that consists of substantive, procedural and organizational norms. Exploring and correcting the three main principles of adult criminal law, namely, Principle of a Legally Prescribed Punishment for a Specific Crime, the Principle in the Equal Application of the Criminal Law to Anyone Committing a Crime, and Principle of Suiting Punishment to Crime and Criminal responsibility, the treatise establishes and puts forward particular basic principles for juvenile criminal law, that is Principle of Leniency-Orientation, Principle of Balanced Protection of Conflicting Interests and Principle of Non-criminal Treatment, and it further elaborates the connotations of the principles above. Comparing and starting from the concept of juvenile at home and abroad, it inquires the functions of the subject of juvenile criminal law and the subject status in criminal law. In the context of common criminal law at home and abroad, comparing constitutions of juvenile delinquency socialistic law system, continental law system and Anglo-American law system, according to characteristics of juvenile delinquency and particularity of its constitution, and taking theories of strict liabilities and final option of criminal law into consideration, it sets its construction base on the standard mode of the constitution of common criminal law in socialistic law system, its reason reference on that in continental law system and restrictive and exclusive catchall. And it proposes that constitution of juvenile delinquency should adhere to four components of constitution in criminal law of socialistic system-the subject, the subjective aspects, the object and the objective comprise the positive aspects of the constitution of juvenile delinquency; legal defence of not guity and dispensable defence out of punishment comprise negative aspects. The treatise discuses the juvenile criminal responsibility basic theory from such aspects like the concept of juvenile criminal responsibility, the connotation of juvenile criminal responsibility, the theory of responsibilitism and legislative mode of juvenile criminal scope. Comparing liability age and ability of criminal responsibility at home and abroad in history, it puts forward the responsibility theory of "the criminal behaviour theory restricted by accusation" in face of theoretical defects of "the accusation theory" and"the criminal behaviour theory", "the accusation theory restricted by criminal behaviour","restrictive theory" and "expansive theory" and etc., and it expresses the author’s viewpoints and theoretical basis on whether the criminal responsibility age should be raised or lowered. On the premise of researches into aims and characteristics of juvenile criminal punishment, this treatise comprehensively inquires the Justice Principle, the Economics Principle, the Individual. Principle, the Humanity Principle and the Education Principle, and it also reviews the characteristics and construction of the system of juvenile criminal punishment. Based on the further research into principles and the system of application and execution of juvenile criminal punishment, practically and theoretically, legislative proposals on juvenile criminal punishment for China are to adopt relatively unfixed-term imprisonment, to stipulate the nature and categories of crime for suspension of sentence, to establish a punitive system of neglecting criminal records, to build the system of non-criminal and quasi-criminal punishments on Juveniles and to cancel stipulations on juvenile recidivist.Besides, the maximum term of imprisonment should be 15 years in the case of combined punishment for several crimes; treatment on juvenile delinquency should develop into non-criminalization and quasi- criminalization; it should stipulate that fines are sentenced to juvenile delinquents; it is suggested that correctional imprisonment on juvenile delinquents is executed in a system of open treatment. After the researches into traditional juvenile treatment, that is criminal punishment, according to basic theories of juvenile treatment, such as social defence theory, subjectivism over objectivism, state paternity, protectionism over subjectivism and objectivism and etc., the treatise puts forward the theories of juvenile treatment developing from juvenile punishment to security measures and from security measures to protection measures, and it also elaborates the evolution of categories and application circumstances of juvenile treatment measures. Comparing characteristics and basic theories of security measures and protection measures at home and at abroad, the treatise proposes that we should construct juvenile securities measures and protection measures based on non-criminal punishment, it also considers the theoretical basis and path for protection measures. The treatise conducts comparative researches into juvenile criminal law in a perspective of general provisions. |
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