Brief Analysis Of Non-confinement Penalty Regulation On Minors In Our Country

The non-confinement penalty regulation on the minors is a criminal justice system on the minors. The minors refer to those whose harms to the society are not serious and whose criminals are slender. Their criminals mostly apply to the non-confinement penalty measures or nol-pros, remission of the penalty. This regulation reflects the policy of"education while making punishment subsidiary". Its penalty goal is to promote the minors'correction and promote the minors to return to the society. The non-confinement penalty regulation on the minors is an essential component of the juvenile delinquency. Since the twentieth century, with the increase of the juvenile delinquency year by year and lowering trend of criminal age, the juvenile delinquency has become the global knotty problem. The prevention and the reduction of the juvenile delinquency have also become the subject which is widely studied in law circle and the judicature practice of every country. In foreign countries, the judicial protection for the minors has been changed from the traditional criminal judicature pattern to the modern criminal judicature pattern, from the retributivism to the protectionism, the judicial protection for the minors emphasizes the extraordinary precaution and has become the criminal-justice system of"education while making punishment subsidiary". Just as The Notes of the 8th Reformation Through Labour Working Conference, on September 9, 1981, points out,"To the juvenile delinquency, just like the parents treat the sick child, the doctor treats the patients and the teacher treats the students who make mistakes, it needs patience careful education, the persuasion and the redemption, it also needs the comprehensive treatment to prevent the juvenile delinquency."After many years'judicial practice, our country has gradually established and formed the non-confinement penalty measures, such as the security punishment, the penitentiary, the community correction, the social rehabilitation, the deferred prosecution, the deferred penalty and so on, and the non-confinement penalties, such as the penal sum, the exemption from the penalty, the probation and so on, the judicial practice has got the fairly good social effect. However, the current penalty system in our country is mainly based on the grown-up penalty, the penalty system on the minors has not completely been established. The judicial practice, to the minors, generally doesn't differentiate from the grown-ups in the criminal motivation, the subjective and malign rate, the social damage, but simply applies to the regulation on the grown-ups. The measurement of penalty just compares the regulations of the criminal law on the grown-ups, to give the minors the lighter punishment. It doesn't truly reflect the goal of the accommodation on the crime, the responsibility and the penalty. The minors, as the vulnerable group without enough abilities to protect themselves, should be adopted the different disposition from the grown-ups in the measurement of the penalty. The special measurement of the penalty, applying to the minors, should be established."To the minors, a special criminal group, between the crime and the non-crime, we choose the non-crime, between the felony and the peccadillo, we choose the peccadillo, between the penalization and the non-penalization, we choose the non-penalization. After all, the physiology and psychology of the minors are still on the growth and development, it belongs to the indefinite stage and has strong convertibility."[1] How to protect the minors to healthily grown up, how to prevent and reduce the minors crime, especially to prevent the minors from offending again, have become an important and urgent task in the criminal judicial system reform of our country. Therefore, studying the non-confinement penalty regulation on the minors, for the judicial authority full carrying out the policy of"the education, the persuasion and the redemption"and the punishment principle of"education while making punishment subsidiary"on the minors, earnestly protecting the rights of the minors, realizing the judicial protection on the minors, have great significance. The author believes that we should, on the basis of the current judicial system, summarize the judicial practice experiences on the minors, scientifically use the research results and successful practice on the judicial system on the minors of the international organizations and all countries for reference, and then standard and improve the judicial system on the minors, impel the establishment of the non-confinement penalty regulation on the minors. So, the author, starting from the concept of the minors'crime, by analysis of the legislative system and the organization structuring, learning the advanced experiences of the developed countries, on the basis of the current situation and its characters in our country, will reveal the lacking of the non-confinement penalty regulation on the minors in our country, seek the causes, and then put forward the assumption of the non-confinement penalty regulation on the minors, that is to say, perfect the law system through the legislation, establish the sound law system, definite the right and the responsibility through setting up special organization, finally realize the protection on the minors through perfecting the measures and the law enforcement, basically prevent and reduce the juvenile delinquency.