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Juvenile Delinquency Criminal Responsibility To Bear The Way Research

Posted on:2007-10-10Degree:MasterType:Thesis
Country:ChinaCandidate:X Q ChengFull Text:PDF
GTID:2206360212983277Subject:Law
Abstract/Summary:PDF Full Text Request
Due to the biological and psychological factors, teenagers are different from adults in the capability to take the criminal responsibilities and the means to commit crimes. The criminal responsibilities taken by the teenagers also differ from those by the adults. Criminal responsibility has its own substantial meaning in the law, which appraises crimes negatively and reproaches crimes. The abstract and possible criminal responsibility must be transformed into substantial denying and reproaching activities in order to achieve the goal of preventing potential crimes by punishing criminals. To achieve the goal of making teenagers take different criminal responsibilities from adults, the way for teenagers to take criminal responsibilities must be made to differ from adults. This is the aim to research the way for teenagers to take criminal responsibilities.Based on analyzing the basic concepts on juvenile delinquency and the way for teenagers to take criminal responsibilities, and researching some nation's practices in this field, such as American's, this thesis gets the conclusion that the way for teenagers to take criminal responsibilities is different from adults in all other nations; that the limitation of the punishment function is not given enough attention in Chinese criminal code; that the control and prevention of juvenile delinquency relies too much on criminal punishment; that the way for teenagers to take criminal responsibilities has no difference from adults and the criminal responsibilities taken by teenagers are not mitigated. I make following suggestions to improve the way for teenagers to take criminal responsibilities:1, A special chapter for the underage should be set in the criminal law;2, A way for teenagers to take criminal responsibilities, which contains the contents of being lenient to the teenagers and of making difference in the punishment between teenagers and adults, be regulated in the criminal code; The way contains conviction, exemption from punishment and the punishment measures. The punishment should be in the form of non-criminal punishment and non-detention.
Keywords/Search Tags:criminal responsibilities, teenagers, mitigated
PDF Full Text Request
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