Criminal Responsibility Of Minors, The Basic Principles Of Research

Since the 19th century, juvenile delinquency has become a serious world-wide social problem, attracting the general concern of sociologists jurists. Although many scholars have done a lot of useful research from different angles on juvenile delinquency, most of which are of the Prevention of Juvenile Delinquency Research from sociology, criminology, and other aspects, very few people recognize the juvenile delinquency from the perspective of have never set up adult criminal offence to the principles of perspective basic principles of the criminal liability of minors. There is lack of in-depth study on basic principles of the criminal liability of minors.Any theoretical research involved in the criminal liability of minors will eventually be attributed to the basic principles of criminal liability of the juvenile crime, so doing some study on the problems of the basic principle of criminal liability of minors has a certain theoretical significance and practical value. It can further eliminate confusion of the criminal liability of minors in the theory and practice, to a certain degree, help curb juvenile delinquency phenomenon spread, and protect of minors in physical and mental aspects, so that lead the development of the theory of criminal responsibility with radiance of tolerance and rationality. Based on this, with the purpose of benefiting the juvenile criminal judicia system in China, the paper is trying to make a in-depth analysis on the criminal policy and basic principles of criminal responsibility of minors, and proposes a structuring idea of perfecting basic principles of criminal responsibility of minors and the related systems.The full text is divided into four parts, and about 45,000 words.Partâ… : The overview of the basic principles of criminal liability of minors. For the diversity and complexity of the basic principles of criminal liability of minors, this part introduces of its theoretical viewpoints from the perspectives of lenient treatment, subjects and objects, and procedure, and so on. Then, this part make further demonstration and evaluation for these theoretical views, and analyze the specific rationality and inspiration for this paper.Partâ…¡: The concept of criminal policy of criminal liability of minors in China. Nowadays, in different countries, the the development of criminal policy of juvenile delinquency turns into a bipolar situation, which is the trend of aggravating the punishment of felonies and mitigating the punishment of misdemeanors. However, main trend, in particular the United Nations criteria for juvenile criminal justice approach, is the latter. The concept of "education, probation, and rescue" for the minor offenders in China, has its profound theoretical basis, mainly the state guardianship theory, the theory of social associations, individual penalties theory, the juvenile should not impunity theory , social theory and labelling theory. The criminal policy of criminal liability of minors is more torlerent and has its own characteristics, which emphasizes for the minor crimes and bad behaviors, education, not excessive penalties, should be used, and penalties for minors is a compelling and last resort.Partâ…¢: Recombing the basic principles of criminal liability of minors in China. Based on the juvenile criminal policy concept of "education, probation, and rescue", this section will focus on analyzing and recombing important principles of criminal liability of minors, at the same time, propose a idea for improving the basic principles of criminal liability of minors and its associated systems.Contents of basic principle of criminal liability of minors are summarized in the following two points: First, in all the principles for minors, the principle of "education first, punishment supplemented" is the general one. Education and punishment are complementary to each other, and neither is dispensable, and education measure must be used compulsoryly, and punishment must reflect educational concept. Second, the principle of "education first, punishment supplemented" includes the principle of "focusing on prevention and reducing judicial intervention", the principle of "combining education with trial", the principle of "proportionality", the principle of "lenienct punishment", and the "two-way protection principle ".These five principles elaborate the principle of "education first, punishment supplemented" from different perspectives, and relations among them are tied, at the same time, complementary and integrated. While the principle of "focusing on prevention and reducing judicial intervention" and the principle of "combining education with trial" focus on the procedure, the principle of "proportionality",and the principle of "leniency punishment", are paying attention to substantive aspect. The principle of "lenienct punishment" consist of the principle of "prohibition of death penalty" and the principle of "application of probation". At the same time, the principle of "proportionality" has the purpose of criminal law and protection of legal benifits in mind.In addition, because of the richness and importance of the principle of "lenient punishment", this section lists it separately, and emphatically elaborates the concept, theoretical foundation and implementation of the principle, as well as the improving suggestions."Leniency" can be used in a broad and a narrow sense. In the broad sense, the "leniency" is throughout the entire process of the criminal justice system, including conviction, sentence, and investigation and affixing of the criminal liability. In the narrow sense, the "leniency", also known as the "lenient punishment", only pays attention to sentence. As a sub-principle of the principle of "education first, punishment supplemented", "leniency" here is narrowly defined, meaning the principle of "lenient punishment".There are five supporting points for "the principle of lenient punishment". First, the lenient punishment for minors is based on their physical and mental characteristics and the specific purpose of the implementation of the penalty. Secondly, the leniency of the punishment of minors is the requirement of the principle of "restraint and modesty" of criminal law. Thirdly,the lenient punishment is a result of considering the economic factors. Fourthly, punishing minors leniently implies social justice and is also a manifestation of humanity. Fifthly, the leniency of punishment is the needs to fulfil international treaty obligations.Partâ…£: Conclusion. This part is a summary of the full text. At present, the situation of juvenile delinquency remains rather grim, and then the study of the criminal liability of minors which is related to the future of state and nation, calls for the efferts of the theoretical and pactical circles.