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View On The Penalty System Of Juvenile Delinquency

Posted on:2007-11-27Degree:MasterType:Thesis
Country:ChinaCandidate:K FengFull Text:PDF
GTID:2166360218962316Subject:Law
Abstract/Summary:PDF Full Text Request
The problem of juvenile delinquency is ancient but novel. Referring to ancientry , almost each country,from old days to nowadays,from west to east, has researched juvenile delinquency for a long history. Even countries like America which standed alone later,has researched it for long. Referring to novelty,different internal causes and external manifestations exist in different nations and regions,in various peoples and eras. The reasons above explain why the research of juvenile delinquency can last long and get rid of the stale and bring forth the fresh. Meanwile,the reasons tell why the research of juvenile delinquency is attractive.At present, juvenile delinquency has its new characteristics , briefly,i.e. younger ages,adult ways, unprincipled fellow, complexity, which differ from those of all previous years. Also, its social harmfulness and impact enhance gradually. In the field of criminal, juvenile delinquency has become hotspot and difficulty which is widespreadly concerned by the global scholars and judicial circles. Relating to social effect, juvenile delinquency has become one of the three global public nuisances and serious social problem. According to the investigation of UN authority,since 1980s the crime rate of juvenile has risen yearly and the crime style has been more various. That is the special meaning of the research of juvenile delinquency.Therefore, in this thesis juvenile delinquency is chosen as a wedge of the research of present criminalistic theory and practice. It is the aim to study the development direction of the world criminalistic theory and practice through the research of juvenile delinquency. As an old saying, watch the whole peopard through peeping its spots.First of all,on the basis of the intention of juvenile delinquency ,the thesis explicitly defines the status of juvenile delinquency as a law terminology. Correspondingly,the narrow sense juvenile delinquency is defined as the thesis's theme. From the point on,the thesis expounds the account of theory and the value of practice of building the individual penal system of juvenile delinquency,and testifies that it is of avail in both theory and practice to building the individual penal system of juvenile delinquency.Thereoff,The system is based on the thesis.On the grounds of international legislation such as resolution of the global conference and international convention and national legislation and judicial practice of other nations and regions,the thesis details the development situation and tendency of the theory ,legislati on and judicial practice of juvenile delinquency .The resolution of the global conference and international convention which are involved in contain resolutions of International Prison Conference starting from 1870s, resolutions of UN Crime-preventing and Criminal-penalizing Conference starting from 1960s , <>and <> , etc. Continental law system and Anglo - American law system are both related to.In contrast with international and other nation's practical expecience,the thesis states the present legislation and judicial practice of juvenile delinquency in China,furthermore,points out the gap of the law system-building of juvenile delinquency and research in the field between China and International.For the sake of filling up a deficiency,on the basis of abundant research of international theoroies and legislative and judicial prcatice, other nations' legislative and judicial outstanding results are selectively benefited from according to China's reality . As a result, new style individual penal system of juvenile delinquency with Chinese characteristic will be build up through dross-discarding, essential-selecting and indigenization. Although the building of penal system of juvenile delinquency is urgently called for and the research of juvenile delinquency in China has been a long time,the penal system of juvenile delinquency with juvenile characteristic has not been built up so far.Hence,there is no precedent to follow. The building of the penal system of juvenile delinquency is a course from none to all. In spite that the course is full of difficulties,we believe in its progress.The establishment of law is a nation's vital task, for which persons going in for law should struggle.
Keywords/Search Tags:Juvenile Delinquency, Probation, Community Correction, Substitute Measure of Penalty, Abolition System of Crime Record
PDF Full Text Request
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