Minor Rights Criminal Activity Legal Protection

The issue of the minor rights protection is the concern of the whole world, and the criminal law protection of the minor rights is at the edge of the academic attention for a long time. The contents of the minor rights do not simply extend the general human rights content to the underage. It is not closely coincident between the content of the minor rights and adult's rights from the perspective of characteristics of the minor. It is the troublesome issue probed for countries to how to be on guard and to stipulate rules and regulations by the criminal law. The attitudes and ideas toward the criminal activity legal protection for the minor rights will indicate the social responsibility originating drawbacks of people itself and the social hope toward the future.The thesis discusses the minor rights protection criminal law system and its ideal by the way of analysis, description and comparison. Its purpose is to arouse more attention to minor rights protection, and furthermore it is hoped that the minor rights will obtain a more powerful protection in the criminal law plane in China.The paper is composed of five parts ranging approximately 36,000 words.In Part one, from the perspective of the present situation of the minor rights criminal law in China, the paper comprehensively analyzes the stipulation of the minor rights protection in Criminal Law and other relevant criminal laws in China. On the issue of the minor's protection in Criminal Law, it mainly manifests the special regulations on the criminal toward the infringement upon the minor rights or the stipulation on the plots which punishes severely on the one hand; On the other hand, according to the general rule of Criminal Law, the minor who offend the criminal law will undertake the relevant legal responsibility ranging from their age correspondingly: those who are below 14-year-old do not undertake the legal responsibility; those who are 14-16 will undertake the relevant legal responsibility relatively; those who are below 18 do not condemn the death penalty or the specific penalty, either lenient or mitigated punishment.In criminal law minute, it recognizes the minor protection on the aspect of infringement upon the citizen personal rights crime, the hindrance social management order crime, and the relevant stipulations of Supreme People's Court and Supreme People's Procuratorate's. In other relevant stipulations, the author will probe into four major crime behaviors: the crime of maltreating the underage family member, the crime of which the judicial staffs who violate the supervising and managing laws and regulations implement the corporal punishment maltreatment to the minor, the crime of which those having the fostering obligation refuse to foster the underage, and the crime of drowning of new-born babies and so on.In Part two, the paper introduces the ideas and the specific rules and regulations on the minor rights criminal activity legal protection from the representative legal systems from the mainland in China and the relevant international convention and agreement of British and American legal system in Japan, USA, England, Canada and other countries. In Japanese Correction Criminal Law Draft, Youth Law and Youth Courtyard Law, and Model Penal Code in USA, they all conduct the special contents concerning about the minor rights protection. The paper also introduces the United Nations Convention on the Rights of Children as well as Immediate Action Eliminated Most Harmful Child Laborer Form Treaty about Prohibition by the International Labor Organization in 1999 and other international treaties to achieve the purpose of research and using for reference.The third part carries on the analysis to the drawbacks of the minor rights criminal activity legal protection, and points out the disadvantages on the protection of minor rights in Criminal Law, and analyzes the establishment defects from education facility of the important security accident crime, the crime of prostitute sleeping with the children girls, the crime of abducting children, the crime of kidnapping and selling children, the seduced crime, the crime of deceiving and enticing into unlawful sexual intercourse deceitfully to the 14-year-old underage feminine.The fourth part carries on the analysis and testifies on the life and health for the minor rights, and the rights of being educated of the juvenile offenders and their criminal prosecution rights protection in China. Analyzing the life and health rights of the minor to the criminal activity legal protection, first of all the paper conducts the analysis on the present situation of the life and health rights of the minor to criminal activity legal protection, then the paper suggests to perfect laws from the perspective of the domestic abuse question, the question of abducting the minor to beg, the question of seriously violating the psychological emotion of the minor and so on; In terms of analyzing the juvenile offenders of being educated criminal law protection, firstly it analyzes the present situation of the juvenile offenders of being educated in China, after that the paper discusses the perfection on the plants and the discretion of punishment suitable with the juvenile offenders from the point view of the criminal prosecution rights protection of the juvenile offenders, from the principle stipulation to the punishment toward the juvenile offenders, and the upper limit stipulation of the legal responsibility age. On the basis of the foundation discussed above, the paper puts forward the proposals to the legislation flaws and the consummation of the minor rights systems in China.Finally, the paper analyzes the minor criminal activity judicial system in China. It discusses the construction and consummation of the system ideas, pointes out the drawbacks in the present procedural law: the defense system toward the present assignment and its insufficiency, the issue of the few simple procedures, and the judicial system consummation and so on. The paper proposes to formulate a youth law, to establish the youth court, to set up the public welfare work of the youth defendant, and to install to handle the non-penalty methods, and to establish the system of elimination the criminal record and the destruction of misjudged crime cases. In the meantime, the paper is expected to appeal to strengthen the fundamental research toward the youth criminal activity legal science, and it puts forward the legislation proposals.