Research On The Application Of Penalties In Minor Crime

The crime of the minor is a kind of crime committed by subjects of a special age. Because of the impact of different ages,there is a large gap between the minors' and the adults' ability to identify and control.Being in development,now both the minors' physical and psychological growth have not been decided.So minors' thoughts and actions are vulnerable to be affected by others,which will lead to criminal acts.Also,it is for this reason that minors have strong plasticity and they are receptive to be educated.Based on physiological and psychological characteristics of minors,we should focus on the education and transformation of minors in the application of penalties,and penalty principles and specific penalty measures should reflect the distinction between adult crime.Moreover,minors are vulnerable groups of society and they should be helped and cared by the community.Therefore,the application of penalties to minor crime should be lenient,and should educate and help them to tum over.We should avoid greater negative impact to minors caused by heavy sentence or improper application of penalties.This article expound the application of penalties of minor crime starting from relevant provisions of China's criminal law and minors protection law,and analyzes defects of China's penalties application system of minor crime at this stage.This article makes some suggestions to improve China's penalties application system of minor crime on the basis of learning from advanced legislative experiences of foreign countries and combining theory of minor protection and crime.This article consists of five parts.The first part introduces the theory and relevant laws of minor crime.The author defines the concept of crime and studies the concept of crime comparatively from the criminal law and criminology.The second part introduces China's relevant provisions of penalties application of minor crime.These provisions mainly include the guiding ideology of education influence and save and the principle of lenient punishment and does not apply death penalty.The third part introduces penalties application systems of international conventions and some other countries,and expounds the inspiration of advanced legislative experiences of foreign countries.The fourth part analyzes defects of China's penalties application system of minor crime,mainly reflected in the following three aspects:the trail of idea of penalties application,the lack of priority principle of special prevention and the individual principle of minor crime penalties application.The fifth part takes some suggestions to improve China's penalties application system of minor crime.Firstly, improve the legislation of penalties application system of minor crime;Secondly, improve the social survey system of penalties application of minor crime;Thirdly, improve non-prosecution and temporary delayed prosecution system;Fourthly improve non-penalty disposal methods;Fifthly,set up the system of suspended sentences; Sixthly,improve the probation system.