Minor's Criminal Judicial System Is Structured And Slightly Discussed

At present, our country' s measurement of penalty or is it have to punish to minor, make crime this for standard of consulting with adult still, according to the judge's right of judging amount of freedom , downgrade and carry on the measurement of penalty again. This kind of situation can not well safeguard minors' legitimate rights and interests in fact, can't really reflect the policy of "educating, saving, persuading" . It is necessary so and perfect minor' s criminal judicial system from legislating on the administration of justice.The criminal stain is written down as a kind of crime, can prove somebody' s personality once had a defect, if it commits crime again, proves this person's bad habit difficult to change, malignant and relatively deep subjectively, should receive the law, society' s more severe sanction. Therefore, our country adopts the criminal stain report and keeps the system, but the irrationality that this system exists, it ignores particularity of minor's crime, protect the law with minors and run counter to, contradict with relevant laws and regulations. Minor'sCan carry out the working policy "educated, saved, persuaded" to minors while postponing sueing the system; Economize judicial resources, realize lawsuit economy; Have guaranteed too the procuratorial organ exercises and prosecutes judging amount right correctly; Contribute to the purpose to realize, reflect penalty melts individually. The foreign one postpones prosecuting the practice of the system and our country and examines being can be implemented to postpone prosecuting the system to state. Is it prosecute system should distinguish sorry system of telling, is it is it postpone system of prosecuting to set up on not legislating to propose to postpone, stipulate in such aspects as the scope of application, relieves , the legal consequence , should stipulate such related systems as relevant hearing, help and education , etc. at the same time.