On The Application Of Non-custodial Penalty Of Minor Crimes Of China

Young persons are the future of a country, so all the countries in the world regard the care and protection of young persons as one of the important national policies and hope that the young persons who are healthy both physically and mentally are fostered to become the national pillars and social backbones in the future. However, at present, the minor crimes become more and more serious, the control of the minor crimes becomes very urgent and how to realize the prevention and correction of the minor crimes in the implementation of penalties has become one of the important topics. In this paper, a systematic study is given to the problems of application of non-custodial penalty of minor crimes in the judicial practice in order to promote the current effective solutions to the control of the minor crimes of our country.In the paper, the necessity of the non-custodial penalty applicable to the minor, the present situation and defects of the non-custodial penalty of minor crimes and the approaches of the non-custodial penalty of minor crimes of our country are dealt with.In Part 1, the necessity of the non-custodial penalty applicable to the minor is dealt with from the three aspects of the roles of the non-custodial penalty, the criminal policies of minor crimes and the functions of penalties. The minor, as a specific group of ages, whose mentality is easy to be shaped, are easy to accept the reform through rectification and repent and make a fresh start on the one hand and easy to be influenced by the external objective conditions to repeat making crimes on the other one. Compared to the custodial penalty, the non-custodial penalty has the indispensable advantages in the application of penalties to the minor. The non-custodial penalty can prevent the minor from being marked with criminals and influenced by others and it represents the requirements of modest restraint and humanization of penalties. It is the necessary trend of the development of criminal policies to apply the non-custodial penalty to the juvenile delinquents. Reprieve and non-custody, as the judicial protection of the minor, has been widely praised...