On The Penal System Of Juvenile Delinquency Improvement

Juvenile crime is currently more and more concern and attention to the whole society, and because minors with adults in the physical and psychological particularity compared to the same penalty system to dispose of juvenile crime and adult Crime is clearly not the right person, try this sentence from the juvenile delinquency system of the current situation of juvenile delinquency in the current situation of the penal system based on the analysis, try to explore a set of conditions for juvenile delinquency in China the penal system and make it a penal system is not only played the role of punishment, more importantly, can serve to educate juvenile offenders, reform of the role.The first chapter describes the penalties for juvenile crime in China's guiding ideology, lenient punishment of juvenile delinquency and the principles of juvenile crime in China do not apply the death penalty, and on the "crime time" and "under eighteen years of age "do these two concepts in detail. Treatment of established law of juvenile delinquency should adhere to the "education, supplemented by punishment" and "education, persuasion and redemption," the guiding ideology and policy. Minors and the combination of psychological and physiological characteristics of their international treaty obligations and to fulfill the needs of criminal law also established China's treatment of juvenile offenders lenient punishment and the death penalty does not apply the basic principles, while these two principles are not fit for special protection of adults, the major international trends, taking into account the ancient and modern, the world's common practice, should be affirmed.The second chapter in the first chapter briefly describes the basis of our current system of juvenile delinquency penalty of several outstanding issues for analysis. The outset that the current level of life imprisonment in the criminal legislation applicable to minors and adults did not distinguish where the only improvement introduced in 2006, "Supreme People's Court on Trying Cases of juvenile criminal Application of Law explained, "but this is only made in the judicial practice of sound level, in the legal hierarchy and efficiency are not enough, it is precisely because the existence of such defects in the legislation resulting in judicial practice is not the case of a few adults sentenced to life imprisonment, life imprisonment is the principal penalty which the death penalty in the second only to heavy penalties apply only to those poor nature of the crime, against a larger crime, indiscriminate application of the minor is not clear appropriate; then introduces an additional punishment for too many people for minor crimes, mostly because minors do not have independent sources of income, property, the application of criminal penalties to reach the obvious purpose; the vicious minors less subjective, so relaxation of juvenile delinquency commutation and parole conditions of application, has become the modern world, the universal tendency of national criminal legislation, and our level of criminal legislation, the remission of juvenile offenders and parole issues, there is no clear provision should relaxation of the conditions applied; the last note of the current non-punishment of juvenile crime measures to deal with a single, and the provisions of scattered, difficult to practice effectively in the judicial implementation.Chapter III and gives the penalty for juvenile delinquency system of sound some suggestions. As a minor on probation, recidivism, and criminal record of three penalties for the elimination of the "Criminal Law Amendment Eight" has been improved in both, there is no mention, focusing on minors in the control of punishment, life imprisonment, criminal fines, deprivation of political rights and non-punitive sanctions proposed improvement in these areas: control punishment of criminals Bu yu held as to effectively avoid a sentence of imprisonment for minor adverse impact, and in the social environment to be more effective The education of minors and reform, the author advocates the existing penalty system, controls not only the punishment of juvenile offenders can not be abolished, but should also extend to; to life imprisonment on the application of a minor, the author lists two views for and against the assessment, that the current rational approach should be taken to not apply the principle of life imprisonment, life imprisonment for the exception for the practice, as far as possible life imprisonment of minors in a state of YAM; Penalty author argues for a minor reform, the establishment of Juvenile Criminal Fine system can be transformed into criminal fines or other penalties playful criminal punishment measures, such as volunteer labor; actually enjoyed the minor political rights and limited, so I do not advocate a separate juvenile criminal deprivation of political rights apply, but there are additional restrictions apply to deprivation of political rights; finally focuses on juvenile delinquency penalties for non-penalty, non-penalty sanctions which is not a criminal sanction treatment. Due to its non-penalty, and its application in the minor offenders will definitely have a positive role in society, so I advocate in dealing with juvenile delinquency cases, minor criminal cases for the priority should be given for non-penalty disposal measures.