Juvenile Offenders Probation System

For minors characteristics and the outlook for change in today's world, most countries and regions have imposed on juvenile offenders special judicial protection.They have established the probation system of juvenile offenders. " Interpretation of Several Issues on the trial of criminal cases of minors by Supreme People's Court " was officially implemented from January 23, 2006 . It made special provisions for juvinile offenders applicable probation. It increased the situations for minors to apply probation. It stressed that the applicability of probation for juvenile offenders should be integrated into their personal growth experience, consistent performance, personality factors. However, our country has not yet established independent probation system of juvenile offenders. There are still many problems in the implementation of probation. The above factors resulted in the difficulty of achieving the good intentions of legislators. Therefore it is difficult for probation system effectiveness to minors.The first part introduced the concept and characteristics of probation system of juvinile offenders.The system reflected in the fair value of the Penal Code.It avoid juvinile offenders being labelled a minor crime and avoid cross-infection.This paper mainly adopts historical analysis, comparative analysis, empirical analysis methods.The paper then introduces concisely the origine and development and experience gains and losses of probation system of juvinile offenders in the United States and Japan.The author studied the main content of probation system of juvinile offenders basing on the classification ,the condition of applying probation,the officer and content of supervising the offenders,the conditions and the proceedings of cancelling the probation,and hope to find out the consistency and differences so as to set up the foundation for establishing the probation system of juvinile offenders of our country.Due to the influence of the judicial idea and crime situation ,and the limit of the related terms of Penal Code,our country always applies the probation to minor in the low rate.Basing on the front parts,the author conceives some plans of establishing of probation system of juvenile offenders in our country.Thus the paper evaluates the reasonableness and feasibility of these ideas.