The Study Of Depenalization Of Juvenile Delinquency

In recent years, juvenile delinquency is getting more and more serious around the world, already became a widespread social phenomenon and difficult problem. We began to realize that the most important issue of reducing and controlling social crime is not to punish crimes, but lies in the prevention of crime and transforming the criminal, especially for the juvenile offenders who are at the growth stage of physiology and psychology.On the view of human basic emotions juvenile delinquency may be forgiven. From the analysis of contemporary education, juvenile offenders can be corrected, country and society should take responsibility of protecting and educating young people for their healthy growth. But the traditional penalty emphasizes penalty's deterrent function, has neglected the transformation of juvenile offenders'moral character and personality, the adjustment and the purification illegal environment. It can not effectively punish juvenile delinquency, even not to prevent young people from re-offending. At present, China's Study of depenalization of juvenile delinquency is still in the exploratory stage, Theory and practice of crime depenalization disposal has not been accepted completely. This paper compares the practice of the United States, Britain, Germany, Australia, Japan and other countries, use the knowledge of criminal policy, criminology, criminal psychology and other disciplines for the study of depenalization of juvenile delinquency.The first chapter defines juvenile delinquency and also describes the status of juvenile delinquency in China. This section summarized the definition of juvenile delinquency in different countries. Describes China's current criminal policy and the new characteristics of juvenile delinquency in the context of this policy, the crimes of youth gangs increase significantly, juvenile delinquency transforms from the dependent form to the independent form; vicious cases of juvenile delinquency and Juvenile recidivism have been increased also. On this basis, analyze deficiencies of current policy and the causes of the new characteristics.The second chapter introduces the depenalization of juvenile delinquency. Depenalization of juvenile delinquency means use non-imprisonment punishment and the non-penalty processing method, or probation in the implementation of penalties for education. The author agrees depenalization of juvenile delinquency taking place in some cases, because it has realistic, theoretical and law basis. It helps to overcome the drawbacks of traditional penalty, especially short-term punishment of deprivation of liberty, helps to mobilize initiative of young offenders's self-transformation, helps to change people's traditional concepts, transform people's criminal thinking, and helps to save the national penalty resources.The third chapter introduces the practice of the depenalization of juvenile delinquency in foreign country. There are two main aspects: foreign juvenile justice agencies and measures of depenalization of juvenile delinquency in foreign country.The fourth chapter is about the author's conception about depenalization of juvenile delinquency in China. In conforms to relevant laws and norms of international criminal justice, we should learn from practice of depenalization of juvenile delinquency in foreign countries, make sure the explicit scope and application conditions of depenalization of juvenile delinquency, establishes the young people welfare committee and the juvenile court, and author also gives a series of concrete proposals to improve the measures of depenalization of juvenile delinquency.