Study Of Juvenile Delinquency Penalty Problem

With the development of our nation's economy and society, the problem that the juvenile delinquent is more and more younger than ever before becomes a serious crisis brought to the notices of the field of the criminal law science and practice .This expanding crisis results from many deep and complex social causes, in which the system of criminal punishment on juvenile delinquency plays an important role. However, this system in China has a lot of room for further improvement. By researching negative and positive factors in delinquent's character, This thesis tries to establish the basis of penalty on juvenile delinquent: the idea of protection and reformation, analyzing its content, theoretical origin and inseparable relation with punishment, then put into effect through application of punishment, discretionary action of sentencing and execution of punishment.The thesis consists of four parts, amounting to 25000 words.Part one deals with the ideas we should keep when we punish delinquent. Their characters include two factors: negative and positive. The reason why we must establish ideas of protection and reformation is that it can make them better by transforming negative factor to positive factor. Protection means our nation must undertake its inescapable obligation to help children grow up healthy, so we must make the positive factor in their individual character overcome the negative factor. The key that can carry out this change is reformation, which means exchange and communication through penalties to enlighten and instruct their reason, In such an effective way, delinquent will acknowledge guilt to abide by the law and turn over a new leaf.Part two probes into the application of punishment on delinquent. First, we should prohibit the capital punishment because it will let nation succeed in evading responsibility of prevention of crime and it also loses educational function. Second, among all kinds of punishment of deprivation of liberty, we must keep reserving life imprisonment and...