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How To Prevent The Minor Crime In The Aspect Of Criminal Integration

Posted on:2009-09-27Degree:MasterType:Thesis
Country:ChinaCandidate:X F YangFull Text:PDF
GTID:2166360248952376Subject:Law
Abstract/Summary:PDF Full Text Request
The minor crime holds a very great proportion in the criminal offense, and it is one serious and complex social question. Looking from their body and mind development's characteristic and the external environment, the reasons are various. So preventing the minor crime should take many kinds of measures and implement the integrated prevention. Namely the criminal legislation, the criminal justice and the criminal punishment are united to aim at minor's body and mind characteristic and reduce the minor crime as far as possible.In order to prevent the minor crime, many countries have made the corresponding laws and regulations, and are preventing the minor crime aspect to gain in many success experiences. The US, Sweden, Britain, Germany and Hong Kong are preventing the minor crime , and their measures are worth discussing and studying, they are preventing the minor crime to manifest the criminal legislation, the criminal justice and the criminal execution interior. Their measures are coordinated and are unified, display the integrated prevention superiority fully, and are more advantageous in reduces the minor crime.Comparatively, our country has many insufficiencies in preventing the minor crime aspect: The legislative aspect, our country still does not have the special minor criminal activity law, criminal activity legal matters, penalty , legal procedure, execution of punishment, are here and there in various criminal activities legal norm and included in other legal norm; The judicial aspect, in our country we regard the minor crime by the identical judicial organization system operation, and follow the identical criminal prosecution system. We has not demonstrated the minor in the crime, the penalty and the processing question particularity; The criminal activity execution aspect, our measure about minor criminal activity execution also need to be used fully and we should enable them to display a bigger superiority.Taking this into consideration, we should strengthen the integrated prevention: In the criminal legislation aspect, may formulate independent "MinorCriminal law", stipulates the minor crime explicitly the related principle and the related system concrete application; Formulates "Minor Law of Criminal Procedure", stipulates the minor case's special criminal prosecution procedure specifically. In the criminal justice aspect, must establish and consummate the independent youth judicature organization, in the detection, sues and places on trial three links, must aim at minor's body and mind characteristic, saves and the education minor with the flexible way, the guarantee law suitable substantive effect. Carries out the aspect in the criminal activity to display the non-imprisonment measure superiority fully, establishes the special community to rectify the organization and the community rectifies the professional contingent, takes the non-penalty remedial action as far as possible, favors their healthy development, and makes it easy for them to return society.
Keywords/Search Tags:Minor, Criminal crime, Criminal justice integration, Crime prevention
PDF Full Text Request
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