Minor Non-custodial Sentence Apply

The issue of juvenile delinquency and the prevention of juvenile delinquency are not only a legal problem but also a social problem which is generally regarded. And it concerns the growth of juvenile, the stability of the society as well as the great career of the county's future and the building of modernization. The influence of imprisonment to non-adult criminals is passive rather than active. The juvenile judicial systems in different countries have reached an identical concept that non-adult criminals shall avoid being imprisoned. The system of non-custodial sentences has profound significance in accelerating non-adult criminals returning to society, diminishing jail economic pressure, avoiding intercrossing influence of less-severe criminals, allocating sensibly resources of execution, improving the virtuous cycle of pubic order. Through going over the system of non-custodial sentences of non-adult criminals in China, the vagueness of the non-custodial sentences of theoretical base and incompleteness of the system of non-adult criminals lead to the leak of standard and science of the concrete operation. So, strengthening the research on the system of non-custodial sentences of non-adult criminals is the need of the study and the reality.Apart from the preface and conclusion, this paper is divided into four parts. Chapter one sums up the history of non-custodial sentences and juvenile delinquency and justifies that the theory of apply non-custodial sentence to non-adult criminals is not declining but still full of life in the future; Chapter two analyzes that it is necessary to apply non-custodial sentences to non-adult criminals through the purpose of the adoption of penalties, the economic penalty and the causes of juvenile delinquency; Chapter three analyzes that it is necessary to apply non-custodial sentences to non-adult criminals through the drawbacks of imprisonment, the experience of foreign countries and the criminal policy; The last chapter discusses the shortcomings and figures out several suggestions.