| Decriminalization is a major theme of penal reform on modern Western society,It has caused great concern on the Western criminal law theorists and set off a wave of research and implementation movement especially since 1957 the Wolfenden Report published in the UK and the Council of Europe,"Decriminalization report"published in 1980.Juvenile offenders of Decriminalization,means it is to point to in the crime under the support of the concept,considering the Juvenile crime after the cause of the crime of orthodontic particularity,such as the minors to commit some rather than all crimes shall be removed by the legislation in judicial proceedings or not Sue wait for way,will adjust the exclude from punishment beyond the case processing mode.In constructing the harmonious society and advocated"tempering justice with mercy"under the background of the criminal policy of rationally using the crime,the concept, actively trying to and constructing the crime of minors to strengthen the realization of the path for minors protection is the minor legal system development mainstream.This article is to present the implementation of China's juvenile crime in the way of study in.The paper is divided into four parts:the first chapter of the Decriminalization of some of the basic theoretical problems described: such as the definition of the concept of Decriminalization , the relationships between Depenalization the theory of Decriminalization,the Decriminalization of theoretical basis.The conclusion is that the Decriminalization of the essence of the concept is based on human rights protection function basis,mainly refers to the transformation of the crime .The analysis of the Decriminalization of the theoretical basis of the austerity of criminal law thoughts, legal interest protected thought,liberalism and crime relativity thought.The second chapter of this in the juvenile Decriminalization in basis and value analysis.Implementation of juvenile Decriminalization basis including the legal basis and the characteristics of juvenile offenders.There are four aspects of legal basis : one is individual rights consciousness strengthens unceasingly.Second,the established of the criminal policy of tempering justice with mercy.Three is juvenile crime legislation idea.And there are transitional juvenile offenders,strong plasticity and so on.In addition,juvenile crime,the crime types with limited and shorter, criminal motive simple and subjective vicious little and social harmfulness etc,the above is of juvenile Decriminalization in basis.After analysis, the author thinks that Juvenile offenders of Decriminalization has the following values:1.To reveal the austerity of criminal law value 2.Conducive to a rational configuration judicial resources 3.To improve the quality of juvenile offenders transformation . The third chapter focuses on the juvenile offenders of decriminalization trend of international development and reference juvenile crime in the place of the international development trend and reference.This chapter presents the development process of decriminalization in Britain and American and European countries .focus on the juvenile offenders of Decriminalization in each country's laws and regulations of our country present situation and can draw lessons from place.The fourth chapter of our country juvenile offenders of Decriminalization in the realization ways to carry on the thorough analysis, the realization way of juvenile offenders of decriminalization in our country including legislative ways and judicial ways. Among them, adjust the crime of the relative criminal responsibility for juvenile crime, through legal procedures and the abolition of the provisions to a number of charges,in the Criminal to add"but"is a realization way of the juvenile offenders of decriminalization . The path to realization juvenile offenders of decriminalization includes: 1.Perfect private prosecution system 2.Build criminal reconciliation system 3.Improve the system not to prosecute 4.establishing the deferred prosecution 5.Establish record destroy mechanism. |
