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Disregard Of Corporate Personality Prudent Application

Posted on:2011-07-23Degree:MasterType:Thesis
Country:ChinaCandidate:L YuFull Text:PDF
GTID:2166330332479853Subject:Service laws
Abstract/Summary:PDF Full Text Request
20century,With the continuous development, juvenile crime has become a major problem worldwide. How to prevent and reduce juvenile crime, in particular, the prevention of juvenile recidivism slip, before us has become an urgent task. In most countries generally pay more attention to the treatment of juvenile delinquency and the protection of water down penalties. Juvenile delinquency in China also insisted on "education-based, supplemented by punishment" criminal policy.juvenile criminal offenders from the domestic perspective correction system, in the area of judicial protection of minors the concept of retribution and deterrence, penalties have been significantly weakened, model from the traditional criminal justice model to the transformation of modern judicial, from special education to prevent torture in the development, proposed focus on education, the value of the pursuit of secondary punishment. However, because our country has not established a separate system of juvenile justice system, china does not apply to minors of non-custodial penalty system, in the implementation of non-custodial sentence for adult offenders with the same implementation of the system, therefore, although the existing system has also taken a number of juvenile delinquent non-custodial measures, but in fact there are still operational is not strong, the power of the main nuclear, the responsibility is not clear, defects such as lack of systematic, not better reflect the education,reform the functions of minors. Therefore, profits from the overseas prevention, the disciplinary punishment, to influence juvenile prisoner measures and so on substitution imprisonment punishment, build must the penalty deal with way being imperative applying to our country minor offender. The main body of a book must to imprisoning currently in effect brings forward problem from our country starting from, strive to can boost our country juveniles must imprison punishment system improving and perfecting, juveniles with much better rescuing taking a false step in life.Full text is four parts, about 28,000 characters together mark.Part 1 is to must imprison the punishment concept and apply to the significance must imprison punishment. Be part content turn to imprison four of punishment significance from speaking of talking about to being under age committing a crime person on the international to the definition must imprison punishment to apply to mistake.The second part is suitable the non-imprisonment for our country to the underage perpetrator the present situation and the existence question. This part has analyzed our country one by one non-imprisonment punishment situation which is suitable to the underage crime, from this summarizes the non-imprisonment two big aspect questions which exists in our country.The third for overseas is suitable the non-imprisonment punishment to the underage perpetrator the situation. This part inspects British, American, Australian, the German four countries to use emphatically to the underage accused person must imprisons the punishment the situation. Through the introduction, the quite overseas non-imprisonment punishment system, to consummate our country non-imprisonment punishment to provide refers and users for reference.The fourth part is suitable the non-imprisonment punishment for our country underage perpetrators the perfect mentality. Namely to the concrete system's implementation to consummated me because from four aspects from the idea transformation the underage perpetrator to be suitable the non-imprisonment punishment the prospect to carry on the design.
Keywords/Search Tags:underage perpetrator, Transformation, Correction
PDF Full Text Request
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