Juvenile Delinquency Placed On Probation For Research

Following the drug-related crimes and the environmental pollution, juvenile delinquency was classified as the world's third largest public hazard. Faced with such a grim situation, the author try to think: Is it possible that through protecting and educating the juvenile offenders to its ideological source eliminate the possibility of recidivism, the realization of the special prevention and general prevention desired effect? Probation multiplies with socialization,individual and humanize.It is not only consistent with the penalty of modesty and penalties economy demands, but also with China's policy --educate, probation, and redeem the juvenile Offenders. Against the strong plasticity of the junior'sphysical and psychological characteristics, the application of probation,undoubtedly,it is the best choice to eliminate the possibility of juvenile recidivism in the ideological source. Therefore, this paper has been selected the juvenile probation as applied research.In this thesis, structured as follows:Introduction: According to China's current juvenile delinquency grim situation and the current status of research, telling the causes and significance of this thesis.The main body of this thesis is composed of five parts. Part IV and Part V are the key parts.PartⅠ: Clearing the concept. Currently, in China's Criminal Law legislation and the research, the use of the words such as minors, adolescents and children is in a state of confusion. To make this more clear expression, The author clear the upper and under term between minors adolescents and children on the basis of the analysis of the status quo. Accordingly the author use the expression of "juvenile delinquency" and divide the adolescents into young adolescents and older adolescents.PartⅡ: The features and reasons of juvenile. At present, China juvenile delinquency mainly showing three characteristics: diversified types of crime, type of property crime, violent crime and sexual offences was noticeably high, characteristics of gangs, and sudden features. Then from the view of sociology and psychology the author analysis the reasons for these features' appearance. On this basis, draw conclusions-- The application of probation on juvenile Offenders is suitable.PartⅢ: Special significance of the application of probation on juvenile Offenders. Because China's existing law does not apply to probation for the distinction between adult and juvenile,so on the basis of part II, this part elaborated on probation for juvenile offenders to apply for the special meaning compared with adult offenders. In a sense,This is also the reason for writing this thesis.PartⅣ: China's current status and inadequate of the application of probation on juvenile Offenders.In this part, standing on the position of juvenile protection ,the author expounds the status and inadequate of the application of probation on juvenile Offenders From the substantive law legislation, the applicable procedures and inspection system . On the first place, On the substantive law, China does not specifically apply to juvenile probation conditions apply Juvenile delinquency and adult crime in the suspended application of the same legal provisions apply. There are inadequacies of the substantive law: Firstly, the conditions of Juvenile Offenders' application of probation are too strict which young juvenile and older juvenile cases different .Secondly, that the application of probation is not harmful to society is too vague.Thirdly, Criminal Law does not provide for the eradication of juvenile criminal system. From a psychological point the author concludes that This makes the probation system downplay the role of preventing of juvenile recidivism.Then,the author expounds the applicable procedures. The purpose of the author researching the procedural issues is that how to ensure compliance with applicable conditions of the suspended sentence juvenile offenders to be suspended.Taking the foreign personality survey system as reference, with the practical of our country to express the current status and inadequate in the personality survey system. Finally, the probation inspection system has two shortcomings: the supervisor does not perform their duties, the content of the supervision is not specific. The author also briefly introducts the development of the Community Correction in China. Part V: Views to modify. Against the problems pointed out in part IV ,the author Proposes the improving views.First of all, improve legislation.Firstly, Relax the conditions of Juvenile Offenders' application of probation. Young juvenile offenders will be suspended for the punishment of the applicable conditions to relax, older juveniles caused no serious consequences of the crime should be applied suspended for negligence.Secondly, make the application of probation is not harmful to society specific.Thirdly, Taking foreign legislation as reference, clearly provide the eradication of juvenile criminal system in the Criminal Law.Then, improve the personality survey system before the application of probation on juvenile Offenders. The personality survey system should be the necessary procedures before the application of probation on juvenile offenders to ensure compliance with applicable conditions of the suspended sentence juvenile offenders to be suspended.Firstly, personality contents of the questionnaire should be able to demonstrate that the general criminal matters related to juvenile personal danger.Secondly, court should play the main character in the investigation.Thirdly, findings from the survey forms should be obtained directly.Finally, improve the probation inspection system.Firstly, internal organs of the administration of justice in the creation of specialized juvenile probation offenders inspection agencies, with juvenile probation officers inspected.Secondly, with the strengthening of social psychology theory of proof should be additional burden on probation, during his inspection tour of the contents of specific. Thirdly, juvenile probation protect the legitimate rights and interests, in particular to protect their right to education.Conclusion: Summarize the whole paper.