China Juvenile Delinquency Of Probation

Nowadays establishing harmonious society becomes a concerningtopic. We think, preventing minors from crime actively and ensuring minorsgrown healthy should be one of evaluation criterion about harmonioussociety, simultaneously it also be in the content of the work to foundharmonious society. Against the background of establishing harmonioussociety, following the "education first, punishment crucial" instruction, thetheory quest and practice quest related to minor crime could be gone furtherand advanced.In judicial practice, our policy to minor crime is major in education,influence,help,rescue, judicial punishment is almost used in essentialcondition. We should give minor crime a chance to correct. Although theywere sentenced punishment, they do not separate from society. We should letthem live in a healthy environment, so they will feel that they do not bedeserted from society to enforce their confidence to return the society.Probation is a reform to imprisonment, is principal form to achievenon-imprisonment in execution of punishment. Because first value ofprobation is instead of short imprisonment punishment, on the other hand,minors have common characteristics such as suggestible, quite plastic, easilyeducated, and probation is applicable to minor crime that could not onlyovercome the abuse of imprisonment punishment, but also play an importanteffect to help criminal minor to return to the society. Therefore, we shouldpay attention to the application of the probation when we carry out theinstruction of give quarter to criminal minor. The above-mentioned haveshown some problems in the application to criminal minor from differentfactors, we should make it in theory research on time, perfect it further in thelaw, and use it correctly in practice.The article first analyzes the condition ofapplication to criminal minor in our country, and then advises suggestion toperfect.The article is on the four respects to discourse:Introduction: The section introduce the writing background and reason,simple explain the unsolved problems which is the necessity and urgency toresearch on the application to criminal minor. First section summarizes the punishment applicable to minor crime. Inthe section, the author firstly definite the concept of minor crime, andanalyze the trait and reason of minor crime. Secondly, the author discussesthe particularity of the application to minor punishment from three expects.At last, the author expounds particular meaning about application to minorcrime under four main respects.Second section refers the current situation and lacking about theprobation applicable to minor crime. In the section, by means ofcomparative analysis, the author believes that, in our country the probationapplicable to minor crime has several problems. First, the condition ofprobation is so hard; the range of criminal minor applicable to probation isso narrowly. Second, we lack the special applicable standard to minor crimeprobation. Third, we are shortage in the complete examination system on theminor crime probation. Fourth, the service forms of minor crime applicationhave a good many problems.Third section advise the perfect suggestion on the application of minorcrime probation.As the key section in the article, the author raise the severalnotion of complete our minor crime probation on the foundation of theoryproving and special comparative analysis.1. The limitation of the probation should be broadening to five yearswhen it is applicable to criminal minor.2. The author advises that drawing minor penalty into the minorprobation.3. The applicable probation standard should be special formulated.4. A sum of money, exchanged for the release of an arrested person as aguarantee of that person's appearance for trial should add to the system ofminor crime probation.5. We should found the system of examination for the criminalprobation minor specially.6. The formal condition to application of minor crime should beimproved, and set the hearing of witness system for minor crime.