A Criminal Study On The Construction Of The Juvenile Judiciary System In China

The juvenile judiciary system is a special law system, whose target is to defend the juvenile delinquency and whose foundation is protection, to transact the juvenile delinquency by using both the measures of criminal and administration. The juvenile judiciary system is the achievement of researching the modern criminal theory. According to minor's special physiological and mental characteristic, juvenile judiciary system emphasize protecting the minor legal right more than protecting the society. What the juvenile judiciary system emphasizes is not the penalty but education. In transaction measure, the juvenile judiciary system emphasize the non-penalty, specialization and diversification.In the 1980s, China began to set up the juvenile judiciary system which based on adjudging the juvenile delinquency because that the juvenile delinquency rate began to grow higher and higher. Although we have made great achievement in setting up juvenile judiciary system after twenty years' effort, the juvenile judiciary system in China still can't meet the practical need, there are many problems such as lack of correlative legislation and the simplification of criminal. Setting up self-contained juvenile judiciary system can not only meet the urgent need of solving the problem of juvenile delinquency, but also can push the modernization of the theory of criminal law in China.As one of the important rules of juvenile judiciary system, juvenile criminal law is the floorboard of codes that stipulate the juvenile delinquency, criminal duty and penalty. The scientificity and perfection of juvenile criminal law decide whether we can set up an effective juvenile judiciary system. According to the actuality of dealing with the juvenile delinquency and the correlative legislations in China, I give some advices in how to set up self-contained juvenile judiciary system from the view of the criminal law, advise to set up the criminal transaction measure and the non-criminal transaction measures to JD(Juvenile Delinquency), then discuss the possibility of establishing the juvenile criminal law. In criminal dealing measure, I advise to forbid the life imprisonment to JD, innovate the mode of administering imprisonment, forbid the fine and set up the correlative system of fine, forbid the disfranchisement, and broaden the applicable condition of the probation. Meanwhile I advise to set up the non-criminal transaction system to JD, increase the application of non-criminal transaction measure.