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 younger than ever before becomes a serious crisis brought to the notices of the field of the criminal law science and practice. Then the system of criminal punishment on juvenile delinquent gets the focus of public. However, this system in China has a lot of room for further improvement. There are only two legal provisions in China's Criminal Law in 1997. These two provisions in the allocation and discretion of penalty fail to deal with the increasing juvenile delinquent who tends to be more complex and diverse. In the theory fields, scholars' endless debating focus on the specific punitive measures on juvenile delinquency, such as whether or not applicable to life imprisonment, criminal property and deprivation of political rights and so on. But the studies in general with the relationship between punitive measures and penalty conceptions of juvenile delinquent are relatively rare. 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.Part one deals with the ideas we should keep when we punish delinquent. According to the features of juvenile, which contain immature logical thinking, apt plasticity and so on, 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, the countries under the juvenile criminal law penalties are basically to juvenile criminal as the centre of freedom. In China, the types of punishment for juvenile criminal contain imprisonment, detention, criminal control. From the protection of ideas, imprisonment, detention and criminal control are obviously better than no control period in prison. Under the prerequisite of avoiding life imprisonment, these punishments, unlike life imprisonment, still are able to more effectively prevent its further crime. So it should not apply juvenile delinquent to life imprisonment, the attention should be paid to master penalty leniency in the implementation of commutation and parole application. Furthermore, a good grasp of minors committed property punishment of education favorable and unfavorable aspects. The criminal fine, it not only allows minors who truly aware of their errors, also avoid minors guilty of "cross-infection". However, the effects of confiscation of property disciplinary punishment and education are too weak. Finally, the qualifications of juvenile delinquent are not properly reflect the protection and education ideas of penalty.Part three mainly describes the system of discretionary action of sentencing to juvenile delinquent. First, we must establish three principles of sentencing including" principle of lighter punishment"," principles of helping juvenile delinquent turn over a new leaf and "principles of proportionality". Second, we can apply the legal of recidivism if juvenile delinquents repeat offense because it can play deterrent function that is necessary to reformation, the author suggested the legislation should stipulate explicitly in the legal of recidivism that, parole—this peculiar circumstance should be suitable to the juvenile prisoner criminal. Finally we should establish the special juvenile prisoner criminal probation system, which broaden the qualification of probation.Part four mainly discuss system of execution of punishment on juvenile delinquent. First, we should try to extend the time limit of reduction of punishment if they remove the evil and follow the good, so that they can extricate from entanglement earlier. Second, should improve the parole system for it is very severe to juvenile delinquent in our current criminal law.The conclusion sums up all the above and raises our hopes.