Research On The Venial Penalty System Of Juvenile Delinquency In China

Juvenile delinquency is a serious social problem existed in the world, and the situation is also very severe in China. It is an important strategic objective to constructing socialist harmonious society by prevents and reduces juvenile crime to ensure the healthy growth of minors. Juvenile delinquency refers to crimes committed by people between 14 and 18 years old in China. As a special criminal subject types, juvenile delinquency is different from the adult crime in crime constitution, designs of punishment system and penalty application. We should adhere to the fundamental principles of mitigation to punish the juvenile criminals. Although juvenile delinquency punishment evaluation system embodies the principle of mitigation to some extent in China, but many problems and defects remain to be solved, which mainly on that the punishment system of juvenile still share the penalty evaluation system with adult (except death penalty). Compared with the world venial penalty development trend, Chinese penalty arrangement is unreasonable and severer as a whole. Hence, minors share the penalty system with the adult should be criticized. It would be the mainly considered problem in the process of study criminal law that how to perfect the penalty system and make a reasonable punishment to the juvenile delinquency. According to our national condition, we should make some adjustment and amendment to criminal law, perfecting the penalty type, the punishment measurement regime and the non-punishment method of juvenile delinquency, and set up a venial penalty system in consistent with the physical and mental characteristics of minors. It would be to set a chapter about the juvenile crime independently in the specific design with the way of criminal law amendment.