| Like adult crimes, minor crimes are the results of the comprehensive effect ofvarious kinds of negative factors, which are closely related to the tendency ofsocial development in certain periods. On one hand, it is a reflection of socialproblems and defects in political, economic, cultural and ethical fields; on the otherhand, it is also a manifestation of the physical and mental problems of the minors.Now the quantity and quality of minor crimes have continuously increased andbecome more seriously, which gravely threaten the social order and become asocial problem. So it is a problem that we have to resolve urgently, namely, how toeducate the young person and how to educate the minor criminals to make themre-integrate to the society after being reformedThe probation is not an independent punishment but a special way of penaltyexecution. In different nations and regions, probation has different implications.The probation in criminal code of P. R. C is only suitable for the criminals who arepenalized of the following sentences: imprisonment of detention or prisonsentence of three years. According to the circumstances of the crime and thedemonstrate repentance, if the criminals are unlikely to endanger the society whenprobation is allowed a period of test term is used to postpone the execution of thepunishment. If certain rules are abided during the period the punishment will notbe executed any more. From above we can see that the probation rules in ourcountry make no difference between the adulthood and minor criminals.Compared with adult criminals, the minor have tremendous specialty inphysiology and psychology, so they should also have dissimilarity on usingprobation.This 28,000 words paper is divided into 4 chapters.Chapter 1: The institutional defirtition of probation on minor crimes isclearly clarified. The author analyses the concepts of minors' crime between ourcountry and other counties. The definition of the probation for the minor criminalis also given.Chapter 2: The basic conditions of applying the probation for the minorcrimes in our country at present are given. This part mainly introduces the circum- stances of applying the probation under the current probation system.Chapter 3: The necessity and the possibility of establishing a minor crimeprobation system is made. Through the analysis of the first part, which gives theinstitutional definition of the crime probation on minor crimes, and the second part,which gives the basic conditions of applying the probation for the minor crimes inour country at present, this paper makes a conclusion that to establish a minorcrime probation system is necessary and feasible.Chapter 4: The system of the minor crimes probation in our country isproposed. This part is the inevitable outcome of the previous three parts. It includestwo sides: one side is the basic principle about how to build up a minor crimeprobation system; the other is the basic frame of the minor crime probation system. |
PDF Full Text Request