Constructing And Improving The Non-penalty System For Chinese Juvenile Offenders Under The Context Of Harmonious Society

Regarded as the world three biggest public hazards with environmental pollution and drug abuse and trafficking, juvenile delinquency has become serious social problem and has attracted great attention from governments worldwide. Most countries and areas have established the basic legal system dealing with juvenile crimes. As a special system handling juvenile delinquency, the non-penalty system for juvenile offenders has been widely used all over the world. Through long-term practice and development, countries have formed various non-penalty system for juvenile offenders with their own features. However, influenced by various elements, China has not yet formed its own unified non-penalty system for juvenile offenders, and there are many insufficiences in the existing one. On the basic of analyzing our country's non-penalty system for juvenile offenders,the article makes its initial proposals to construct and improve our country's non-penalty system for juvenile offenders from the such aspects as guiding notions, legal framework and related procedure . This article is divided into four chapters: The first chapter makes basic definitions to the concept and scope of youth, the concept of the non-penalty system and the non-penalty system for juvenile offenders. It also analysis the necessity and the urgency to construct and perfect our country's non-penalty system for juvenile offenders. I think that researching the minor illegal acts and crimes from the aspect of criminal policy we should use the word"youth". While to the age scope of youth, according to our country present legal regulations and the experiences of other countries'and areas', it shall be limited between 14 and 18 years old. Correspondingly, the applicable scope of the youth non-penalty system shall include the behaviors of offending the criminal law and serious misdeeds. Under the context of constructing harmonious society, the serious phenomenon of youth's illegal acts and crimes and the high rate of recidivism has enormously harmed the goal of constructing a harmonious society. Therefore , under the present stern situation, it is extremely urgent to construct and perfect our country's youth non-penalty system .The second chapter briefly elaborates the present situation and the existing problems of our country youth non-punishment system. Although under the context of constructing harmonious society, it has become extremely urgent to construct and perfect our country's youth non-penalty system. Just as Comrade Mao Zedong said that no investigation ,no right to speak. In order to construct and perfect our country's youth non-penalty system, firstly, we should investigate on the present situation and research on the existing problems of our country's youth non-penalty system since it is the foundation to construct and consummate the youth non-penalty system .The third chapter mainly analysis the feasibility to construct and consummate our country's youth non-penalty system . Through inspecting on the present situation and the existing problems of our country's youth non-penalty system , I think that the youth non-penalty system has a deep cultural base in our country. Our country has the tradition of piting the young, and presently we have preliminarily established the youth non-penalty system and accumulated some experiences. We can also learn from the correlation successful experience of various countries and aras .Therefore, it is feasible to construct and consummate our country's youth non-penalty system.The fourth chapter puts forward tentative plans of constructing and consummating our country youth non-penalty system. On the basis of analyzing and researching on the present situation and the existing problems of our country as well as the experience of outside countries and areas,and in order to construct and consummate our country youth non-penalty system, I make a tentative plan from the aspects of the guiding notion, legal framework and related procedure so that the youth non-penalty system can serve the course of constructing a harmonious society in China.