A Study On Punishment Measures Of Juvenile Delinquency

Non-penalty methods are also known as non-criminal treatments or exemption from criminal punishment. The academic circle remains significant difference in the categorization of non-penalty methods in China’s law. Based on the analysis of the title of each section of China’s criminal law, this dissertation holds that as one kind of generalized criminal punishment, non-penalty methods could be divided into eight categories. The first two kinds are shrined in the Clause IV, Article17of China’s criminal law, which emphasizes on parental control and governmental re-education to juvenile criminals under the age of sixteen. Another type is the compensation system in the civil suit collateral to criminal proceedings stipulated in Article36. The rest are five circumstances exempted from criminal punishment prescribed in Article37. The application of non-penalty methods to juvenile crime is supported by sufficient theoretical foundation and realistic basis. However, the existing non-penalty methods in our country has many limitations. For example, there is no specific legislation on non-penalty methods and the type of them is relatively few; the penalty methods are too formal and lack unified application criterion. Besides, the nature, applicable terms and conditions of housing and rehabilitation system are ambiguous. Furthermore, the vetting procedure of reeducation is in disorder and educational content is unreasonable, which cannot meet the purpose to educate and prevent minors from reoffending. Given all this, it is of great necessity to improve the existing non-penalty methods to juvenile offenders. First, the applicable principles of non-penalty methods to juvenile offenders should be clear, including the principle of statutory punishment, the principle of punishment priority and the principle of individualized punishment. Second, with reference of the advanced legislative experience from abroad, the security measures that apply to juvenile offenders should be increased, as a supplement of non-penalty methods. Third, in the light of the disadvantages of existing housing and rehabilitation system, we should improve its applied conditions, decision procedures and the mode and contents of education.