An Empirical Study On Penalty Execution Of Juvenile Offenders

It is always a controversial proposition on the definition of the short-term-liberty-depriving punishment in the modern penalty theory, so is the debate on maintenance or abolishment of it. The author thinks that the short-term-liberty-depriving punishment, based on judicial practices, should be defined as detention penalty and fixed-term imprisonment whose remaining imprisonment is less than one year when the enforcement is delivered.This paper, taking one surveillance area for short-term prisoners in Beijing as an example, analyzes and summarizes group characteristics and correction difficulties of the short-term prisoners, explores education and correction model for short-term prisoners and puts forward suggestions on reform of the execution model for these prisoners.The introduction mainly indicates the definition of short-term prisoners in general, and gives a brief explanation of the purpose of this paper based on current reform practices of the criminal justice.The first part analyzes previous drawbacks of the penalty enforcement format for short-term prisoners. In addition to offering a brief description of the centralized execution model for short-term prisoners in Beijing, this part also analyzes its feasibility and necessity.The second part provides a sampling analysis of the short-term prisoners in a surveillance area and the causes of their crimes. The group characteristics and difficulties in the course of penalty enforcement are put forward in this part as well.The third part elaborates on construction of the penalty enforcement format for short-term prisoners.The fourth part puts forward some suggestions on punishment execution for short-term prisoners. The main suggestions are as follows: to establish a classification screening center to ensure the classification for three phases- initial-screening phase, medium phase and releasing phase; to improve the incentive mechanism in the detention center for short-term prisoners; to boost various kinds of trial work in the center; to enforce ideas of returning guides.