The Study On The Criminal Policy Of Juvenile Delinquency

Criminal policy as modern country criminal judicial field in the core issue crimes and maintaining social order plays an irreplaceable role. For minor crime is concerned, scientific and reasonable criminal policy can effectively improve transform quality, reduce the chance to crime. In China,although advocates "tempering justice with mercy", "education of complementary" primarily, punish crimes by minors, but legislation on the criminal policy of juvenile delinquency treatment provisions in reference to adults crime many on the basis of "wide" again for some, there are few reflect crimes by minors unique criminal policy in criminal law that perform outstandingly. Practice the vague judicial organs "wide" and "strict" degree, often walked into "the width is not wide", "when strict two misunderstandings lax". Therefore, it is imperative to further perfect our minor crime criminal policy. This article take punishment law sense of special "crime" concept, tries to minor crime criminal policy of development course, criminal legislation, judicial, execution and other aspects of narrative analysis nonage crime in our country at present the criminal policy, existing problems and how to perfect. This paper is divided into four parts, specific arrangement is as follows:This paper is divided into four parts, specific arrangement is as follows:First for minors to crime and criminal policy outlined. To the age for boundaries expounds the concept of nonage crime; The criminal policy macro and micro criminal policy of criminal policy, solid ran the criminal policy and granted criminal policy two categories; Rooted in China are reviewed for minor crime criminal policy, and the evolution of groundwork for the key parts.The second part is crimes by minors criminal legislation in China policy. It formulates minor crime legislation policy meaning, elaborated on China's minor crime real ran criminal legislation policy mainly reflected in the minors to the provisions of the criminal responsibility age to minor crime lighter mitigate punishment regulations, special sentencing system (such as recidivist destroy system, should be applied to the situation) and suspension under specific conditions from the provisions of the ex-convict report on system; Reviews the infant criminal legislation policy, points out the deficiencies; Suggestions in our country current should be installed in the criminal law on the crimes by minors, especially from the special section clearly minor crime concept, punishment principle to improve the penalty system, establish record destroy systemThe third part is the our country criminal judicial policy crimes by minors. Through to establish juvenile justice description of the policy meaning of minors is pointed out the current criminal criminal judicial policies embodied in pretrial and trial two stages:in the previous stage have custody, careful respectively, right when questioned among legal agent may present policies, is not a stage after trial, legal agent involved in open court, forced the appointed defense policies. Then reviewed our country, and points out that the juvenile justice deserved policies, such as the criminal justice deferred prosecution, defer to judgment system, community service to the real but should criminal justice policy shift.The fourth part in criminal crimes by minors for enforcing policy. Our country to juvenile prison executive policy reflected in two aspects of inside and outside the prison. Through to implement the policy in the prisons of criminal our prisons described also pointed out that current set unreasonable for minors crime treatment, often a one-size-fits-all kind of defects, and thus put forward to promote rationalization, expand the prisons Settings prisons juvenile execution society participation suggestion; Based on the non-confinement penalty system in China and expounds community correctional system for juvenile speaking, pointed out that our country exists the kind of penalty single, the applicable rate prison, this article puts forward a perfect low execution and perfect controlled punishment of probation, parole implementation, perfect our community correctional system should however measures.