The Juvenile Crime Conviction And Character

Juvenile who are the hope of the Chinese nation is the future of socialist motherland. However, juvenile delinquency has been to be the highlight since the reform and opening up and become a major hazard in today's world. Throughout most of the judicial practice and theoretical research, People mostly concentrated on the procedural aspect of it one of focus in judicial practice and theoretical circles. For it is taken more seriously by our Country, it has much theoretical and practical value to study the substance. Based on the previous research, I want to discuss the issues deeply with regard to the juvenile conviction and character using theoretical analysis and empirical analysis method, as a result, it can much easy to pursue a better realization of the Criminal Code individual justice and the protection of juveniles with the introduction of the character in juvenile conviction. The paper consists of the following five components:The first part elaborates on the situation of the juvenile delinquency. Because "Juvenile" , "Youth", "minor" and other words have some overlapping content, the paper analysis the differences of these words firstly, and decide to use the "Juvenile" in the paper to in the line with the international , better academic exchanges, maintain the historical heritage and help the consistency of the criminal justice practice. Then the author defines the age range of juveniles. After advocates making an appropriate increase in juvenile age under the premise of keeping the minimum age of criminal responsibility for 14 years, he suggests the 22 years is appropriate and advices that the physiological age be adopted as the mainly standard and the mental age as secondary. Then the author defines the juvenile. He considers that the man with the age of 14 to 22 or more than 22 years should be subject to punishment according to law when he convict crime, because his moral and spiritual development is still in the juvenile stage or its behavior, the circumstances and motives of citizens belonging to the implementation of juveniles. The author also makes a difference between the juvenile delinquency and the crime convicted by adult in the objective aspect, subject of crime and the subjective aspect. Nowadays the number of juvenile delinquency rises steadily; the felonies and juvenile criminal gangs become much frequently; the means become more violent; the types become diverse; the tendency to commit several crimes becomes obvious and the means of crimes become adult-oriented and intelligent.The author consider the existing criminal law structure irrational in the second based on reflecting the situation of juvenile delinquency and the thought of the integration of criminal. According to the viewpoint of Professor Chu Huaizhi, the structure of criminal law is consisted of the statutory convicting circles and he statutory sentencing circles. In the field of juvenile delinquency, both of them are inseparable from the emphasis on the criminals. Our Country doesn't pay enough attention to this part, especially the irrationality in the juvenile conviction. This paper analyzes the differences between the juvenile delinquency and the adult conviction, including the purposes of conviction, the parties of the lawsuits and the procedures. However, the differences don't show up in the juvenile conviction nowadays, but there is something irrational. For example, the juvenile conviction is been stressed much on the behavior and ignored the juvenile to some extent. At present, our Country still take the classical school of criminal law an the main, adopt the behavior-centrism and insist the thought "no act, there was no crime, no responsibility." But she always ignores the real-life criminals. With respect to his physical and psychological features, the emphasis should be put on the fact of crime in the conviction. In the physiology, their physical activity energy has increased and is the peak of physical development; the body's needs increase and there are mostly low-level needs; nature of consciousness begins to sprout; the characteristic of sexual development matures. In the psychology, the awareness is in the low lever; the emotion volatiles and the willpower is weak.The third part mainly discusses the relation between the character and the juvenile delinquency. Character as an important supporter of the criminal fact in the juvenile delinquency should be introduced into this. This section first introduces the concept of character and a brief description of the character with the basic features of the integrity, stability and plasticity, uniqueness and scalability. Then the author discusses the relationship. He holds that character in the field of criminal law is performed as a dangerous criminal character, and the juvenile delinquency is caused by the combination of the dangerous criminal character and the crime factor. There is a close relationship.The forth part mainly discusses the introduction of the character into the process of juvenile conviction respectively from the necessity, rationality and legitimacy. The analysis of necessity is mainly made form the demographic, social structure, criminal policy, and the Judicial Philosophy with the people-centered concept. However, the analysis of ration is carried out from the aspects of justice and efficiency. The author thinks the introduction of character into the juvenile conviction will realize the justice of Crime and improve the effectiveness of the criminal law. The analysis of legitimacy is based on the existing legal provisions and judicial interpretation. The author believes that the impact of character does exist, such as the Collection guilty, the plot committed, one kind of crime for many times, as well as special provisions on juvenile convictions; while the provisions of the Penal Code don't directly consider the character.The fifth part mainly discusses the application of the character in the juvenile conviction. Firstly, the author holds that the character of the criminal is an important supporter of the criminal fact and character deems to be a part of the subject in the juvenile delinquency. The thought not only failed to break through the existing theoretical framework, but also helps maintain the stability of the Penal Code. Secondly, character should be used to convict not guilty in juvenile delinquency in order to avoid the abuse of judicial power, and support a better special protection of juvenile criminal. Thirdly, the author discusses how to assess the character scientifically and he considers character can be measured because of its stability. Now the assessment of character is carried out by the way of social surveys and character measurement. The social surveys are consisted of the survey of basic conditions, the survey of factors before crime, the survey of factors in committing the crime, and the survey of factors after crime. The assessment of character is consisted of projective tests, self-report scale, the main tests, behavioral assessment technology and so on. Through the analysis of these methods, the author holds that nowadays our Country should take the social survey as the main method and the character measurement as the secondary. Finally, the author discusses how to introduce the character into the current proceedings; he suggests the effectiveness of the social surveys report as evidence should be made clear. The both parties should submit the report separately and conduct cross-examination and debate on the content, in order to provide effective conditions for the judges to make informed judgments.