Discussion For Criminal Policy Of Probation For The Minors

The criminal law, in the background of constructing the harmonious society, is no longer the mandatory tool of violence, making how to resolve or control the contradictions and how to prevent the excessive social contradictions from destroying the basis of harmonious society as its main function instead. Correspondingly, emphasis should be laid on the criminal policy of both lenience and severity. This article is trying to publish some perspectives on the criminal policy of probation for the minors.The article is divided into 5 chapters. The first chapter outlines what is the so-called the criminal policy of probation. Section 1 comprises 3 parts: uncriminalization, unimprisonization and the lenience of criminal responsibility. In Section 2, the status and function of the dual criminal policy of both lenience and severity are discussed in the aspect of the probation policy. Having introspected on both the disadvantages of the movement of Severely Combating the Crime and the background of the Theory of Harmonious Society, the author alleged that the lenience of the criminal responsibility should be more emphasized. In Section 3, there lists the basic criminal policy of 'Comprehensive Treatment' and the principle of ' Education Comes the First & Punishment Second'. Ultimately the idea that the minors should be leniently condemned is raised after analyzing the shortcomings of these two basic criminal policies.Chapter II describes mainly about the evolution and the current trend of the lenient criminal policy for the minors. In Section 1 the author introduces the criminal policies for minors in U.S, Britain, Germany and Japan, and the conclusion is the world trend in this areas is more lenient. In Section 2, there is an introduction on the evolution of the criminal policy for minors in our country (in the periods of ancient times, the modern period of New Democracy the period of Nanjing Government and the period before the reform and opening up of new China). As a conclusion, the lenient trend of the criminal policy was made out.Chapter III mainly elaborates the bases of the criminal policy of both lenience and severity for minors. It elaborates 4 aspects in detail: the biologic foundation of minors' easy-aberrance and easy-alteration, the criminological foundation of the inevitability of the criminals' exists and the limitation of the crucifixion, the social foundation of different mechanisms of the criminal laws in different societies and the mechanism of the criminal law in the harmonious society, and the trend of light punishment.Chapter IV elaborates the content and implement of the criminal policy of both lenience and severity for minors. Section 1 appraises the non-penalty measures and puts forward an ideal of setting up a protective penalty system. Section 2 appraises the penalty measures and puts forward an ideal of extending the use of non-crime penalty and non-custodial penalty. This section also analyses some examples such as criminal reconciliation and reprieve.Chapter V expounded the defects of probation policy of minors and possible measures to be taken. As to connivance arisen from excessive probation, the author suggests that it should be based on the scientific assessment. As to local people's probation, the author suggests that we should set up base to ensure equality. As to the incomplete continuous supervision system of probation, the author suggests establishing a 'no arrest, no lawsuit' system to improve it.