China's System Of Non-custodial Measures And Perfection

The juvenile delinquency has become one of the popular social problems, also puzzles the legal theorists and criminal judgers. If we resolve this problem, we will eliminate the social unstable factors, maintain the social stability, and create good environment for the development of the economy, politics, the culture and so on.The author has stressed on the protection of the juvenile's rights. As a judge of Nanhai District People's Court of Foshan City in Guangdong Province, the author introduced the judicial practice and analyzed some puzzle encounted in juvenile criminal cases. Through analysis, the author believes that only the non-custodial measures system is established, the legislative intent that "educate, reform and retrieval the juvenile offenders" of "the law on protecting the juveniles" will be achieved.This paper consists of the introduction, body and conclusion. the body is composed of three chapters.The first part of the chapter is focus on the characters of the juvenile criminals, which are different of the ones of the adult criminals and connected with the physiology characters and the experiences of the juvenile criminals. Moreover, the ways of the crime and the characters of criminals are not the same with the ones of the adult criminals.Chapter 2 analyzes a number of problems existing criminal penalties. The author thought only non-custodial measures can protect the legitimate rights and interests of juvenile offenders better.In the Chapter 3, the author brought forward some suggestions and goals about the non-custodial measures.