Research Of The Realization On Decriminalization

Since the middle of the twentieth century, nations of the criminal policy are in the so-called"relaxed"and"severe"criminal policy in two different directions. Under the influence of the towards, the criminal law reform of decriminalization as a development direction of the loose criminal policy is sweeping the globe, caused the innovation of the criminal law all over the world. Originally, Europe and the United States in order to alleviate the pressure of the prison overcrowding, only implemented the decriminalization to some moral crimes, and then extend to some minor crimes. Nowadays, world development trend of the criminal law are inclined to the light mitigation, and the decriminalization which copes with the development tendency has a significant impact on the criminal legislation and judicial practice, to become an important question which the whole world must consider in the process of the development of criminal law.Since the founding of our country, various social problems and social contradiction arises at the historic moment in social transition. Subsequently, criminal phenomenon in our country is also more and more serious, showing the low aging tendency ,the violence ,the intellectualization, characteristic and so on the gang, particularly underage this special group, crime issue is more complicated, and affects the healthy growth of minors, affecting the whole society's development and the construction of harmonious society process. So, how to deal with minor crime problems is one of the problems we must pay attention to. Although criminal law review in our country reflected the regulation of the decriminalization on certain specific crime, but on the whole, the crime treatment on juvenile delinquency still be insisting on the value selection, that is the criminalization primarily and the decriminalization as supplementary. Our country's criminal legislation not really concerns about the personal rights priority conservation, criminal law economic concept, and difference between adults and juvenile delinquency. China is in the stage of construction a harmonious society and background on the advocate of the criminal policy of temper justice with mercy, harmonious society insist people-oriented, emphasize the protection of human rights. And the society as a whole and the public are holding tolerance and kind attitudes on crime's minor. Therefore, for juvenile delinquency, we should also learn rationally from the decriminalization and the micro-crime meeting the conditions of decriminalization, that is conducive to the sound growth of minors and alleviate the job stress of judicial organs.This article tries to draw on the basis of previous studies and use the method of theoretical and empirical analysis to study more the related issues in-depth on the decriminalization of minor crime. This paper focuses on two aspects, which is that liable basis of analysis applicable to minor crime, and the realization routine of decriminalization. Preface part mainly explains author's topic purpose and meaning, the focal and difficulty point in the research, and points into deficiency of this paper.The first part is an overview of decriminalization. First, according to the viewpoint of domestic and foreign academic circles, the article is based on defining the decriminalization from the narrow, broad and the generalized views to explore the concept, and briefly analyzes kinds of the representative viewpoints, of which mainly introduce and analyze the definition of the Otani Minoru in Japan and European Committee"Report on Decriminalization", and eventually comes to my defined conclusion The part distinguishes relevant concepts, such as criminalization, over-criminalization, non-penalization and legalization.The second part of the body sums up the theoretical foundation of the decriminalization. I think that the decriminalization has its common rational basis on domestic conditions, and summarizes this as four principal aspects: liberalism and the human rights, the modesty of the criminal law, the legal rights protection principles, the crime relativity idea.The third part introduced the feasibility of application to the decriminalization for the juvenile crime. The part elaborated the great significance from three aspects, which are the policy, legal and practical basis.The fourth part of the body based of the above, combing our country's legislation and judicial prospects and crime in the minors, mainly analysis and solved to the specific group of how to realize the decriminalization. In this part, firstly the author chose the legislative and judicial levels in routing selection, which accorded with the definition of the decriminalization in the first part. Certainly, in order to maintain the stability of the criminal law and the public's expectations on criminal law, we should follow the way that is to place judicature first, legislation second. When justice is mature, then we will improve legislation to realize the decriminalization. Secondly, in the application of the decriminalization, we should grasp the applicable principle, objects and the conditions, the real to apply more targeted. Finally, grasping the judicial primarily and the applicable factors, through to the analysis on the 13th proviso of the criminal law, perfecting the system of non-prosecution and introducing of criminal reconciliation, are to truly fulfills the decriminalization.