The Criminal Penalty Discretion Of Minor Delinquency

This paper aims to explore:in the new century, how to discretion penalty to minor criminal, how to get more legal civilians, and how to help accomplish justice served in the minors who serve stage resocialization and personality correction. The article concludes the judicial process for penalty discretion to minor individuation with relative guidance significance.This paper first chapter starting from the definition.Detailed analysis of the so-called "minor" definition. From the perspective of language philosophy into the philosophy of law, then extensions specific to punishment law category.I am try to clear the relevant punishment idea. Points out the corresponding with penalty discretion of legal justice form of expression. Illustrates to "minor" "youth" and "juvenile" such words. Finally, to clear in the Legislation sense. Application "minor" the necessity and significance of a noun. In the same time, to analysis and to reflection about the relevant legal principles in the minors of modern sense.This paper in the second chapter:In view of substantial evidence angle, compares the judicial practice in China. In recent years, the number of juvenile delinquency, and based on this starting point. Points out that the minor crime in criminal law,blindly chase "less and less about punishment" has not really play minor crime prevention effect. Simultaneously according to juvenile delinquency, put forward how to distinguish various characteristics in penalty discretion for minor offenders.It is about in specific personal situation and make accord with discretion penalty discretion of justice.This article in the third chapter:It I analyzed the purpose of punishment, and as the breakthrough point, to analyzed the crime psychology minor offenders, criminal purposes, crime and criminal subjects, and points out that the particularity of restorative justice in the modern legal system. Specific investigation minor offenders crimes in the meaning of specific conditions, and with criminal purposes for standard. Distinguishing three types of juvenile offenders, and point out in penalty discretion differentiate the three types of perspective.And points out, in "the victim as the center" the legal construction of restorative justice, it will pay more attention to the victim in the justice of demand, should not blindly applicable "light-crucifixion" "lightweight" punishment idea,.Therefore, to reach the final punishment justice target. And put forward punishment of individualized penalty must be discretion principle in order to guarantee. It can be implemented correctly, and truly help serve person's personality correction minors,. It must be develop our country's independent court of minor. And improve community correction measures in China. The paper compares the interrelations include Shanghai, Hong Kong,and Taiwan's Independent Court.Related these situation about construction work and concrete measures in the future in China, points out that this part should pay attention to the legal construction of some problems. Meanwhile from criminal detention, public surveillance and community correction. And points out that the relationship of community correction in juvenile offenders discretion.This paper mainly used the "Value Analy-asApproach", "Method of comparative analysis" and "Empirical analysis". This three research method, made clear the embodiment of the justice penalty discretion. Puted forward the attention form the victim's just demands in judicial philosophy, and pointed out the current legal system construction of minors, and puts forward some shortage about compensate for such insufficient related measures. This is helpful to realize minor legal justice penalty discretion and built socialist legal system construction for our country in the future.