On The Criminal Law Protection To The Rights Of Juvenile Offenders In Our Country

Juvenile offenders are those between 14 and 18 years of age, who commit crime and should be punished by criminal law. Juvenile offenders are a component of the minors, and it is important to discriminate the juvenile and adult in criminal law and take a special protection to the juvenile's rights. The causes are followed: on one hand is the biological basis of minors, on the other hand is the experience of west countries and the tendency of international laws about juvenile. As far as the former is concerned, the minors is young, and the intellect and experience is green, who can't think and make decision like the adults, so they should not be burdened the same criminal responsibility as adults. As far as the latter is concerned, most countries'criminal law and the international law about juvenile take the protection values of the criminal law. The experience of west countries'criminal laws on juvenile offenders indicate that it is necessary to take special protections on juvenile's right.China's Criminal Law on Protection of the Rights of juvenile offenders has made notable achievements, but there are still some deficiencies in the protection of China's Criminal Law rights of juvenile offenders. The main causes are as followed: Firstly, China's Criminal Law takes basically the same theory and criminal system as adults in regard to juvenile offenders convicted of; Secondly, in regard to sentencing of juvenile offenders, China's Criminal Law have not directed at specific provisions for juvenile offenders, such as the punishment of the establishment of punishment cases, and recidivism commutation, parole. The problems existing in China's criminal law show that it is imminent to improve our country's criminal code on the basis of the minor's mind and body, so that we can better protect the juvenile's rights and sustain the social stability. In the paper I suggest that: firstly, we should revise the theory of criminal compounding of China on the minors'mind and body, and secondly, we should improve the punishing system of juvenile on the basis of treat with leniency and prohibiting death penalty to the juvenile.