The System Of Juvenile Criminal Responsibility In China

Criminal liability of juvenile system is an independent area, which corresponded to criminal liability system. At present, scholars pay attention to the area that mainly concentrated in settings of punishment, discretionary of punishment, application of punishment, as well as the penal code in article 17, paragraph 2. In a word, scholars consider that criminal liability of juvenile system is not an independent area. This cognition leads to indistinctive development in legislation, as well as a block to the modernization of juvenile legal system. Therefore, the paper pays more attentions to the characteristics of juvenile, and causes of juvenile delinquency, under the guidance of the basic concept, which is the basic or most important part in criminal liability of juvenile system, to reviews and meditates our system, and proposes envisages to the criminal liability of juvenile system.This paper consists of a preface, there parts and a conclusion.The preface answers the question why the paper was written. Firstly, the situations that the augment of juvenile delinquency, and the modernization criminal liability of juvenile system of western. Secondly, the recognition that the special status of criminal liability in the crime and penal. Thirdly, our criminal liability of juvenile system has not been noticed sufficiently in the theory of criminal law, criminal legislation and the judiciary. At last, the reality that criminal liability of juvenile system is very important to the modernization of juvenile legal system.In this paper, there were three parts, the main content of each part of, are defined as follows.In order to discuss the basic theories of criminal liability of juvenile system, the first part involves four aspects: the fundamental concept, basic facts of criminal liability of juvenile, capacity of criminal liability, purposes of criminal liability of juvenile system.This paper pointed out that on the condition of crime, the word "juvenile" should be used. Like the crime, juvenile delinquency also undermines the social order. Therefore, the criminal liability of juvenile means that one person who has the capacity of criminal liability, also implements behaviors that undermine the social order, should bear the pain of deprivation, reflecting the expectation that the social order can be maintained.Nowadays, a common cognition appears, juvenile delinquency does not mean that juvenile delinquent is a person who is an innate belial by nature ,or whose impermissible behaviour is caused by self, adult society has the inescapable responsibility for juvenile delinquency.Criminal liability of juvenile system built on facts, including the characteristics of juvenile delinquent and causes of juvenile delinquency. Therefore, deliberate to criminal liability of juvenile system is structured on the correct cognition of juvenile delinquent and juvenile delinquency in the paper.The paper affirmed the essence of capacity of criminal liability is a capacity of crime, which structured on mature spirit. On common condition, mature spirit is equal with age.In this sense, age can be regarded as the first standard to decide the capacity of criminal liability. Capacity of criminal liability communicate with age, requiring that the partition of age for criminal responsibility should reported characteristics of capacity of criminal liability.The purpose of criminal liability of juvenile system includes three aspects: firstly, special prevention. Secondly, emphasize that the diversification to special prevention. Thirdly, the fundamental purpose is the maintenance of social order and the treatment of juvenile delinquent.The second part, commitment and thinking about the existing of criminal liability of juvenile system. Because that the limitation of cognition and legislation level, our criminal liability of juvenile system exists a lot of place to be improved and perfected. Firstly, provisions in penal code, which relating to criminal liability of juvenile are extremely rough and unclear. Secondly, age for criminal responsibility does not fully reflect characteristics of capacity of criminal liability .Thirdly, the implementations to criminal liability of juvenile are lack of pertinence.The third part, in view of the defects of criminal liability of juvenile system, proposes envisages to the criminal liability of juvenile system. The first step is reconstruct the concept, the starting point and the objective to designing and reforming of criminal liability of juvenile system should be structured on treatment.Therefore, the individual principle, the non-criminal principle should be led into criminal liability of juvenile system as the basic principles.Penal code should stipulate explicitly that if a person does not reach a legal age, he should not bear responsibilities, the person who reaches 16years of age,but does not reach 18 years of age , he only bear criminal liability to willful offense. Added special regulation to criminal liability of juvenile about person who have reached 18 years of, but does not reach 22years of age.In the framework of the existing penalties, to juvenile delinquent, capital punishment,imprisonment forlife,criminal detention,sanction of forfeiture,deprivation of political right should be forbidden, the pecuniary penalty to juvenile delinquen also be restricted, and make reforming to fixed-term imprisonment,punishment of public surveillance ,which being suitable for juvenile delinquent.The last part, this paper re-emphasizes the criminal liability of juvenile system which is very important to reformation of juvenile justice, building of juvenile law, and the modernization of juvenile legal system.