Studies On Criminal Responsibility Of Minor Offenders

Nowadays, minor crime is a serious social problem for all the countries in theworld, which is in the high proportion of criminal crimes, known as one of"threeworldwide public hazards". How to effectively prevent and control minor crime so asto repress the continuous increase of minor crime is the focus of law area in China.This paper starts with the criminal liability of minor crime, analyzes and discussesdefects of the criminal liability system for minor crime, and gives the suggestion onimproving criminal liability of minors in China, combining the criminal policy ofminor crime in China.This paper consists of introduction, text and conclusion.Introduction discusses the background and significance of the subject, theresearch methodology and the innovation of this paper.The text includes four chapters.Chapter I generally introduces the basic theory of criminal liability of minorcrime, compares Chinese-foreign basic system of criminal liability of minor crimewith foreign, and analyzes the form of criminal liability assumption of minor crime inChina.Chapter II summarizes the domestic and international values of minor crime.This part firstly introduces the relevant conference subject and values of minor crimein the world, then reviews the regulations and judicial policy on the age of assumingcriminal liability in our history, and finally expatiates the current value of minor crime in China, such as the principles of education, influence and rescue, the principle ofprotection, the principle of leniency, the principle of no execution, the principle ofapplication of probation as far as possible.Chapter III points out the defects of related system of minor crime. In thisChapter, the author analyzes the shortcomings of legislation: poor maneuverability,lack of connections between laws on minor crime, and unsystematic non-punitive,then analyzes the defects of non-punitive with focus on community correction system,asylum education, work-study schools, and suggests the shortcomings of the penaltyincluding principal and additional punishment with discussion on the role of theeradication of record system, followed by the advice upon establishment of theeradication of record system in China.Chapter IV elaborates the specific measures on improving the criminal liabilityof minor crime in China. Firstly, the criminal legislation on minor crime in Chinashall be more specific, systematic and legitimate. Secondly, non-punitive system shallbe promoted, such as secured release, supervision order, community service order,social admonishing system, and mediation mechanism between the victim anddefendant. The author gives some advice on community corrections system, asylumcorrectional and work-study schools. Finally, the writer makes some suggestion onimproving penalty system in China with elaboration on promoting control sentence,detention, imprisonment, life imprisonment and the eradication of record system.Conclusion summarizes this paper.The author views that research on the criminal liability of minor crime in theview of the purpose of penalty and human rights are the trend of research on minorcrime. In allusion to the defects of criminal liability system for minor crime, theestablishment of an organic system for criminal liability is the key point of settlingcurrent problems in respect of minor crime. We can use some excellent foreignsystems and measures for reference to improve the non-punitive system in China,such as secured release, supervision order, and community service order. Meanwhile,it is necessary to speed the legislation on improving penalty and promote theeducation and transformation for minor crime to a new level. This is the innovation of this paper.