On The Residual Effects Of Penalty On Minor Crimes

Minor crime has become an increasingly serious social problem in the whole world, and a large number of minor crimes happened in recent years where present a trend of low age, violence and performing like adults. Compared with adults, minors have their unique characters:both their physical strength and intelligence are still not mature; they lack the abilities to tell right from wrong and control their behaviors; they are more easily subjected to unhealthy surroundings then to commit crimes; they are more easily to be educated after committing crimes. Therefore, minors as special group deserve special protections on the aspect of penal legislation.Chen Xu, a member of National People Congress and a chief procurator of Shanghai Procuratorate, referred a bill of 'building a system of extinguishing the criminal record of minors who committed a venial crime' to the general assembly during NPC & CPPCC in 2010. That again brought a lively discussion about the system of extinguishing the minors' criminal record. This text will discuss the residual effects of penalty on minor crimes.This text is constituted of four parts, about 20,000 words, and its main contents are as follow:Part 1:Introducing the theme of this text, the residual effects of penalty on minor crime, through four cases.Part 2:Presenting the issues of residual effects of penalty, extinguishing of residual effects of penalty, etc. which reflected in the cases above, then setting forth the writer's own standpoint, namely the residual effects of penalty on minor crime is a double-edged sword.Part 3:Expounding the residual effects of penalty on minor crimes and their values in detail, which are mainly revealed on two aspects:on one hand, the system of residual effects of penalty has positive effects on checking the minor crimes; on the other hand, the permanence existence of residual effects of penalty hinders the resocialization of minor convicts which may lead to subsequent arrest.Part 4:Proposing solution, namely creating and sounding system of social protecting to minor convicts and conditionally extinguishing the criminal record of minor crimes. The writer of this text holds that the final aim of criminal trial of juvenile is helping them find out the causes of delinquency and helping them return to the society and look for a new start.