Study On The System Of Minor Crime Suspension Of Sentence Of Our Country

Now the quantity and quality of minor crimes has continuously increased and become very serious, which gravely threatens the social order and becomes a social problem. Like adult crime, minor crimes are the result of the comprehensive effect of various kinds of negative factors, and are closely related to the trend of social development in certain period. On one hand, it is a reflection of social problems and defects in political, economic, cultural and ethical fields; on the other hand, it is also a manifestation of the physical and mental problems of the minors. So the responsibility of minor crimes is individual to the individual offenders, but is social to the society. For minors characteristics and the outlook for change in today's world, most countries and regions have imposed on juvenile offenders special judicial protection. They have established the probation system of juvenile offenders. However, our country has not yet established independent probation system of juvenile offenders. There are still many problems in the implementation of probation. Therefore it is difficult for probation system effectiveness to minors. This paper divide into five part:The first part introduced the concept and characteristics of minor crime and the concept and characteristics of probation system of juvenile offenders.The second part introduced concisely the original and development and experience gains and losses of probation system of juvenile offenders in the United States and Japan. The author studied the main content of probation system of juvenile offenders basing on the classification, the condition of applying probation, the officer and content of supervising the offenders, the conditions and the proceedings of canceling the probation, and hope to find out the consistency and differences so as to set up the foundation for establishing the probation system of juvenile offenders of our country.The third part on the point of views of the legal and criminology, focusing on the application of probation with the juvenile delinquency system of relevant legal issues, focusing on juvenile probation system, examine the value and probation system for juvenile offenders for crimes different from adults.The forth part introduced the basic conditions of applying the probation for the minor crimes in our country at present are given. Chinese probation system has the defects of no distinction between juvenile offenders and adult offenders, the juvenile offenders probation inspection system is imperfect, Chinese current policy against juvenile criminal, and the other defects.The fifth part basing on the front parts, the author conceives some plans of establishing of probation system of juvenile offenders in our country, in view of the situation and the characteristics of juvenile criminality and reference the juvenile offenders probation system of the other countries in the world, our criminal legislation and justice should be set up the juvenile offenders probation system which be different from adult probation system, developed the application of probation which meets the juvenile offenders, increased the procedural requirements and perfected the inspection system of the juvenile offenders.