An Inquiry Into The Prison Execution Mode Of Minors

The model of minors in prison execution is that with the influence of the execution conception the execution agency (mainly the Minor Criminal Reeducation Institution ) forms the guiding ideology and policy, principles and instruments of execution in the execution of punishment. Some scholars define as personal imprisonment and education for minor criminals ,labour transformation and the procedure applying the criminal punishment, system of practical formula. Due to the particularity of the juvenile, the third paragraph of the 213th of the law of criminal procedure of our country says:"Juvenile delinquents should be in the execution of punishment in the Minor Criminal Reeducation Institution"The second paragraph of the second part of the reformatories for juvenile delinquents management regulations says:"Criminals who are sentenced to imprisonment or life imprisonment under the age of 18 by the people's court should be in the reformatories for juvenile delinquents punishment and reform through education"Since the law has provided to minors in prison sentence should be executed separately, its sentence patterns should be different from the adult's. But in reality, our minors in prison sentence of imprisonment is highly adult-like.The existing execution model is a relative separation one that is distinguished from places of its execution of adults . This mode does not accord with the minor nature, and adapt to the trend of minors execution and the development of juvenile judicial system. It can't meet the needs of the reason and facts of minors in prison execution. Lack of execution method, rigid of the punishment system and execution results of the contradictions are in urgent need for improved. Therefore, this article is trying to clear the theoretical foundation of the term of imprisonment, learn from the concept and the advanced experience abroad, combine the practice of execution and build a more consistent with the criminal purpose and more effective execution of the "independence" execution.The first part is the basic survey of minors in prison sentence execution model. It gives a brief introduction of the development process of the minors in prison sentence execution and analyze the execution of punishment of the minors and adults .The second part analyzes the content and the major mode of the execution model from two levels, they are philosophy resolve levels of contents and forms. With the statements of the two, the existing mode itself is not of contradiction with the content and form. It further analyzes the main weakness of the existing mode.The third part surveys and investigates the minors in prison sentence of the main nations abroad. Combined with the information available, it draws lessons and experience.The fourth part consultates minors in prison sentence on the execution, on this basis, combines with the third part , investigate the trend of the minors in prison execution.The fifth part is the main part of this article. On the basis of the first four parts, it talks about the term of imprisonment, execution model of specific improvement. This part doesn't put forward a sound strategies in accordance with the above analyses sequence of existing model inadequate and disadvantages, but mix response in one entity, It has created a perfect programme with more integration system, Each of the shortcomings and drawbacks above has been in response with the overall programme.