A Study On The Criminal Responsibility System Of China's Juvenile Delinquency

as a special type of crime, juvenile delinquency has increasingly drawn attention of the society and country with regard with statue quo and trends, how to apply to criminal penalty, in a more scientific manner, in eliminating and preventing juvenile delinquency plays a pivotal role. Juvenile delinquency varies notably from the adult crime in many facets. We, catering for the characteristics of juvenile delinquency, are required to have a deep understanding of all kinds of contents of its criminal responsibility and scientifically define it in efforts to further built up and improve the criminal penalty system of juvenile delinquency, from the educational, influential, and saving perspective, effectively eliminate and prevent the juvenile delinquency, and block the 'backup' of adult crime, ultimately making the country's society more stabile.Chapter 1 is mainly to introduce the scope of juvenile delinquency, point out the conception, and focus on analysis of criminal characteristics of the country, based on which a point was raised that the juvenile delinquency issue in China should draw our attention.Chapter 2 puts efforts into analysing the basic principles of criminal responsibility system for China's juvenile delinquency, including loose punishment principle, no death penalty principle, symmetrical principle, and two-way protection principle etc, putting out lawmaking thoughts and spirit of China's juvenile delinquency. Further, this chapter gives insights into definition of age groups ofcriminal responsibility: 1) a stage with no criminal responsibility at all, 2) a stage with corresponding criminal responsibility, and 3) a stage with fully criminal responsibility. The chapter additionally identifies a scope of criminal age for juvenile delinquency and of criminal responsibility for trans-age group of juvenile delinquency, finally it analyses eight types of severe crimes for juvenile delinquency.Upon definition of criminal responsibility, how to apply appropriate criminal penalty needs to be discussed. Chapter 3 identifies the types of criminal penalty not applicable to the juvenile delinquency: 1) death penalty not applicable to the punishment of juvenile delinquency, 2) life-long penalty not applicable to the punishment of juvenile delinquency, 3) deprivation of political rights not applicable to the punishment of juvenile delinquency, and 4) deprivation of property not applicable to the punishment of juvenile delinquency. Based on the analysis, an interpretation is mainly given to how to apply, in a proper manner, the criminal penalty and improve the system. Not only does the chapter analyse China's type of criminal penalty but it compares with that of the foreign counties, what's more, some conclusions are drawn: 1) control is considered as a penalty to restrict freedom and can effectively avert the negative impact of putting the youngsters behind bars, 2) the detention penalty is unreasonable and unnecessary, 3) it's difficult to apply the fixed-term imprisonment and poorly manageable in reality, and 4) fine penalty is an appropriate to the juvenile delinquency. The author, upon analyzing the four types of criminal penalty, pinpoints a series of measures to further enhance the system.In the afterwards of punishment of nonage criminals, how to apply penalty is an issue to be profoundly studied. Chapter 4 indicates the evidences of carrying out criminal penalty for China's juvenile delinquency and carefully analyze the implementation of juvenile delinquency. Criminal penalty for nonage criminals contain communtation, parole, and sentence execution outside prison under surveillance etc, the thesis give an explanation of these three punishments. Some specific issues are raised also, e.g. extension of prison transfer of nonage criminals and restricted control of nonage criminals with short term imprisonment, based on which, the article gives some thoughts on judicial protection in carrying out criminal punishment, in a bid to execute the laws based on the valid evidences, rigorouslyimplement the laws, conduct scientific management, and improve work in a standardized, scientific, and legal manner. All in all, the article is specialized in the ways of carrying out the criminal imprisonment in an attempt to give a thorough study on the individualism and socialization of carrying out the criminal penalty.