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Minor Non-criminal Penalty Of My Opinion

Posted on:2009-05-31Degree:MasterType:Thesis
Country:ChinaCandidate:S H WangFull Text:PDF
GTID:2166360278454341Subject:Law
Abstract/Summary:PDF Full Text Request
Based on our current situation of juvenile delinquency, aware of China's criminal law because of generalized, universal and heavy criminal law and the legal and cultural traditions, criminal legislation and criminal justice and not the non-penalty movement to give sufficient attention Around the "penalty" to set the punishment system is still not fully reflected on the protection of juvenile delinquency requirement, which has its own characteristics of adults, Criminal Law, Criminal Law of economic thought, penalties and change the concept of functional limitations on the penalty Understanding, and explore a minor non-criminal penalties on the basis of the theory. Then learn from foreign countries for minor crimes to avoid penalty of-the-art concept, as well as action to diversion, non-regulatory programs such as community-based non-custodial disposal system is effective, to improve efforts to explore juvenile delinquency and non-penalty. The means include: the reform of China's reprimand, order a statement of repentance, apology, compensation for loss of administrative penalties, administrative sanctions, work-study education, receiving education, such as re-education through labor system, The effect of the abolition of the poor reprimand, order a statement of repentance and apology, and other measures ordered against their parents or guardians through the strict discipline to guarantee the release of supervision, to absorb all over the practice of Community-based Corrections, pardon, such as the elimination of the criminal taint System for the establishment of a minor to commit a "security system": a restraining order, community service orders, community corrections, probation education, the expansion of non-prosecution, the Justice Department transferred, suspended, and so on and so on the scope of application, what is good from a long, flexible improvement, highlighting the protection of minors, to adapt to the establishment of a national conditions of China's system of judicial protection of minors.On the treatment of juvenile delinquency, is the engineering community as a whole, is social reform, stressed that a minor non-criminal penalty, a sentence of imprisonment for traditional application to a minimum through the execution weaken institutions closed, to expand Minor offenders, authorities and the execution of social interaction, so that the rationalization of the methods of criminal responsibility, humanitarian and light imprisonment, to shape a minor criminal convictions in line with normal life and personality to promote their social development and keep pace, to facilitate a smooth re-socialization , And ultimately to the minors of this crime to achieve comprehensive management of social ills.
Keywords/Search Tags:Minors, Crime, Of the non-penalty
PDF Full Text Request
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