The Criminal Policy And Juvenile Criminal Justice System

With the vision of the Criminal Policy of Temper Justice with Mercy, this text made thorough analysis and study to the Juvenile Criminal Justice System of our country with tiny view and macro view. The putting forward of the Criminal Policy of Temper Justice with Mercy provide a development chance for the Juvenile Criminal Justice System of our country, and indicate the direction to reform. Under the vision of the Criminal Policy of Temper Justice with Mercy, this text tries to make some beneficial quests to the Juvenile Criminal Justice System of our country.This article be divided into three parts, about 34,000 words.The first part is the summarization about the Criminal Policy of Temper Justice with Mercy. This part is made to elaborated from two aspects. In the first place, I have put forward the background, basic content and the existence foundation of the Criminal Policy of Temper Justice with Mercy. The background comes from the again knowing of the Strike-hard criminal policy, thinking the function of which had ever made progress actively, but it also had limit. The limit effect also be gradually decreasing. Around "set up a socialism harmonious society" question, The Party decided to apply the Criminal Policy of Temper Justice with Mercy to the realm of criminal law. The basic content is elaborated "width", "strict" and " mutually aids" these three keywords, we can learn the basic contain of the Criminal Policy of Temper Justice with Mercy from the language righteousness of these keywords; The Criminal Policy of Temper Justice with Mercy has four foundations, such as norm foundation, ethics foundation, political foundation, object foundation. Secondly, I would gave some comprehensions and understandings to the Criminal Policy of Temper Justice with Mercy. Mainly have five aspects as follows: There is an inherit relation between the Criminal Policy of Temper Justice with Mercy and the Strike-hard, as well as the criminal policy of combining Punishment with Leniency ; The Criminal Policy of Temper Justice with Mercy is much more than a criminal-justice policy, but a basic criminal policy; The Criminal Policy of Temper Justice with Mercy is a example that the human nature value of criminal policy has returns now; The fulfillment of the Criminal Policy of Temper Justice with Mercy is rely on the applying of Circumstances of case; The social dimensions of the Criminal Policy of Temper Justice with Mercy is harmonious.The second part is the development of the Juvenile Criminal Justice System of our country. This part is made to elaborated from three aspects. The first, the development history of the Juvenile Criminal Justice System of our country. The history of the Juvenile Criminal Justice System mainly experienced four stages: Produce stage, experience expansion stage; Backlog experience, develop stage completely; Become stronger, the norm development stage; Raise, perfect stage. The second, the development characteristics of the Juvenile Criminal Justice System. Mainly have four characteristics: The fulfillment promotes lawmaking; Dependent becomes independent; Single to compound; developed forward slowly. At the last , introduced the present situation of the Juvenile Criminal Justice System of our country. Mainly commence several followings: the basic principle, justice organization, justice rule, justice system, material facilities etc. Concretely say that it have four basic principles, namely Double to protect principle; Prevention for lord, reduce justice intervention principle; Education for lord, punishment for assist principle; Participation and synthesize manage principle. Justice organizations have already initial establishment, but still not very sound, the Juvenile police and Juvenile prosecutor organizations developed behind; The coordination between these organizations is not good, they haven't become a united justice organization system. We haven't independent criminal law and criminal procedure law yet; Generally, the Juvenile criminal case still be carried out according to adult law and procedure law; The current legislation mode of the Juvenile Criminal Justice System needs to be reformed urgently. The fulfillment of the Juvenile Criminal Justice System of our country has already become reasonable and maturity more and more, but the fulfillment of the system and system types still be need creative continuously, so as to resolving the increasing Juvenile delinquency and illegally problem effectively. Though the material facilities become perfect increasingly, but also have shortage.The third part is the Juvenile Criminal Justice System of our country under the vision of the Criminal Policy of Temper Justice with Mercy.This part is made to elaborated from two aspects. In the first place, this text shows some perfect comprehensions and elaborations to the development of the Juvenile Criminal Justice System from the macro view angle. Mainly think: under the background of the Criminal Policy of Temper Justice with Mercy, the Juvenile Criminal Justice System is wanted to regard "mercy" as it's principle, at the same time with "punishment" help "mercy". Be subjected to the compound characteristics of the criminal policy, the Juvenile Criminal Justice System appeared a compound development tendency; The humanized value mindset of criminal policy require the Juvenile Criminal Justice System to pay more attention to the mind and physical of the Juvenile individual; The analytical road of the criminal policy require a good outstanding to crime circumstances of individual case; The social value of the Juvenile Criminal Justice System depends on the social dimensions of the criminal policy ,that is set up harmonious. Secondly, with the tiny view angle, circulates the main factors made analysis and elaborate meticulously. I think the Juvenile Criminal Justice System mainly has four basic elements: operation actor, operation subject, operation medium, operation result. Operation actor, which apply the Juvenile Criminal Justice System, namely specialized Justice organization. Operation subject namely criminal person, victim; Thinking the Juvenile Criminal Justice System of our country is criminal-based, should expand its scope of subject, to protect the victim legal rights; Introduced the worth of the Restorative Justice and the possibility for ushering in. Operation medium, namely the circumstances of case, with which the specialized justice organization function to the Juvenile criminal person; At the same time, the "mercy" given to a criminal person should keep a reasonable degree, otherwise be easy to get bogged down in a mistake area; By show some familiar Juvenile crime types, lay claim to some circumstances of crime should be recognized by law; The internal mechanism of the justice organization has some influence to the applying of circumstances for a certain degree. Operation result, which is the penalty what specialized justice organization apply to the Juvenile criminal. Thinking this kind of result should be in a broad sense, include three types : prosecutor organization's processing to the Juvenile suspected person, such as not catch, not indictment or postpone indictment etc; Judge organization's processing to Juvenile criminal person, such as the light penalty, suspended sentence etc, the non- penalty as follows : order parents or guardian to take care of strictly, educated by government organization, the sermon or sign a written guarantee to repent, compensate gift, apology, makes up for the loss perhaps, administration punishment or disciplinary sanction etc; Correct organization's processing to Juvenile criminal person, the open type correction as the community corrects, the closing type correction such as correct organization to correct exclusively etc.