Differentiation Treatment

Since community correction developed in beijing and shanghai in 2003,academic community and judicial practice department have done a lot of exploratories and practices successfully. But,in the community corrective management of minor probationers,due to lack of differentiation treatment, the community corrective department use single legal means to supervise minor probationers who are out of prison,rigid overfull but flexibility insufficient,what influence the realization of corrective effect to a degree. This text is the right one that wants to consider and discuss how to solve this problem.The thesis sets out from the view of procuratorial organs, considering differentiation treatment of minor criminals as theory view, it is divided into four main parts: innovation necessity,foreign reference,construction course,legislation advice. In the first part, the analyses of innovation necessity reveal problems and what to be improved in present china, mainly from traditional model of thinking,physical and mental characteristics of minors,course of urbanization and construction of legal system four aspects. The second part is foreign references, after simplely introducing foreign countries'history of minor probationers'community correction system and its execution monitoring mechanism, it concludes four characteristics of these countries'minor criminals'community system, and get three revelations, called it three"requirement": requirement of realising social defending function of penalty and constructing harmonious society,requirement of improving juvenile justice system from the view of criminal integration,requirement of exploring classified correction and allocating community correction resources scientifically. The third part of text is concrete construction of minor probationers'execution monitoring and correction mode, first, it establishes four principles: specialization principle,correction priority principle,necessity principle,procedure justice principle,then conducts course exploration from correction system,law enforcement agency,execution subject three aspects. In the last part of the text,there are some advices to improve minor criminals'justice system,which define that we should establish specific legislations for minors'community correction activities and prove entirely from legislation style and content. Furthermore, this text recruits the supporting system construction of minors'community correction,advising to improve minors'criminal spots eliminating system,procuratorial organs'execution monitoring mechanism and risk evaluation system of community correction.In conclusion, under the guidance of criminal justice policies with kindness and severity, this text mainly constructs a execution mode of minor probationers'execution penalty and monitoring penalty out of prison what is different from majors, endeavoring to eliminate the blank of minors'criminal justice protectionism in penalty execution aera, establish juvenile justice system of our country, while community correction has already developed from extensive correction to classified correction mode nowadays.