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Research On Juvenile Criminal Policy Of "Lenient Punishment And Strict Control"

Posted on:2012-03-20Degree:MasterType:Thesis
Country:ChinaCandidate:J ShenFull Text:PDF
GTID:2216330338460088Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
The juvenile delinquency issue has become a serious social issue. The criminal policy pays great attention to the issue, and puts forward the special criminal policy for juveniles. Basing on the criminal policy of"combining punishment with leniency", juvenile criminal policy of"lenient punishment and strict control"is a juvenile-based policy. It stresses punishing the juvenile softly, and strengthening the discipline to the juvenile at the same time. It is the embodiment and deepening of the criminal policy in the area of juvenile delinquency. This paper researches and reviews the theoretical basis and historical origin of juvenile criminal policy of"lenient punishment and strict control". Then centering around the juvenile criminal legislative policy, juvenile criminal judiciary policy and juvenile criminal social policy, this paper gives a thorough analysis of content and value significance of the juvenile criminal policy. The main body of the paper includes five parts:PartⅠ, proposing of the juvenile criminal policy of"lenient punishment and strict control"and its connotation. As a special kind of criminal policy, the juvenile criminal policy is different from ordinary criminal policy in some aspects such as purpose, object, and approach, and it has unique connotation. It includes juvenile criminal legislative policy, juvenile criminal judiciary policy, as well as juvenile criminal social policy. The juvenile criminal policy of"lenient punishment and strict control"is a criminal socialization thoughts. It makes up for the lack of the criminal policy of"combining punishment with leniency"in the juvenile delinquency field, and takes on an important dimension.PartⅡ, the theoretical basis and historical origin of juvenile criminal policy of"lenient punishment and strict control". There are profound theoretical foundations in the juvenile criminal policy. First, formulating the juvenile criminal policy should be judged by the particularity of adolescence. Affected by the traditional ideology"Xu You"(having pity or compassion on juvenile), the contemporary juvenile criminal policy develops the spirit of showing kindness to and protecting juvenile. The United Nations juvenile justice standard which has always adhere to"the best interests of the children"as the fundamental principle provide idea guide for the juvenile criminal policy. Tracing the development trajectory of American juvenile criminal policy and juvenile justice system, its historical experiences indicate that juvenile criminal policy should locate in"lenient punishment and strict control".PartⅢ, juvenile criminal legislative policy of"lenient punishment and strict control". In view of the idea of advance prevention and protection, the author suggests delimiting the scope of object of juvenile criminal policy reasonably, and the objects of juvenile criminal policy include general misconduct, serious misconduct and juvenile crime. In the system of treatment measures, according to the behavioral nature, self-healing, protective treatment and juvenile punishment should be adopted separately. As a last resort, juvenile punishment even have to be applied, the juvenile criminal policy will reform it.PartⅣ, juvenile criminal judiciary policy of"lenient punishment and strict control". The juvenile criminal judiciary policy emphasizes personality characteristics of juvenile, carrying out special protection and individual treatment. Thus, it determines the fundamental status of social personality report throughout the processes of juvenile justice. The idea of"lenient punishment and strict control"stresses trying to reduce the harm of judicial procedure, strengthening assistance, instruction and protection for the juvenile delinquent who is punished with leniency, integrating social resources, and completing the follow-up stringent regulation. Juvenile criminal judiciary policy, therefore, must centre around diversion. In the framework of the social personality report institution and diversion system, what is more important is to ensure and fulfill the implementation of"lenient punishment and strict control"from each stages and processes, such as register procedure, investigative procedure, prosecution procedure, trial procedure and execution procedure.PartⅤ, juvenile criminal social policy of"lenient punishment and strict control"."The best social policy is the best criminal policy". In order to achieve the basic value target of improving criminal environment, promoted by the broad concept of criminal policy, prevention of juvenile delinquency claim to combine the traditional punishment policy with modern social policy, and take comprehensive measures from various aspects. The juvenile criminal social policy focuses on solving the social source of juvenile delinquency. It includes the early stage welfare protection policy that aims to create good living environment for minor, and development environment protection policy that intends to provide appropriate development environment for minor.
Keywords/Search Tags:Lenient Punishment and Strict Control, Juvenile Criminal Policy, Protective Treatment, Social Personality Report, Diversion
PDF Full Text Request
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