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On The Procuratorial Organ's Function Of Prevent Crime Of Minor

Posted on:2012-10-21Degree:MasterType:Thesis
Country:ChinaCandidate:L L LuFull Text:PDF
GTID:2216330371950519Subject:Law
Abstract/Summary:PDF Full Text Request
The minor crime problem has been the focus of the world. Many countries are puzzling with this problem. Especially during the past few years, with the ahead of crime age and worse of crime case, this problem become more obvious. From 2008 to 2010, Jinan minor crime become less and less, but the crime type is focused and violence crime is obvious and always joint offence together. Their prison term is usually within 5 years and 30% percent is probation. Most minor offender is male, female is very little. And female offenders become less and less during the past 3 years. The cultural ability of the minor offenders are usually not high, many of them are farmers and unemployed people. A little part is student. The previous conviction people also take some parts and this number is increasing.Arrest is the strictest coercive measure of depriving the suspect's personal freedom. Therefore it's very necessary to make strict rule for it. Cautious arrest is the general rules of all over the world. Especially to minor crime cases.Prosecution right is the right of procuratorial organ according to law. After the check of public prosecution department, they have discretion on whether sue or not.According to the no.1 and 2 of 142 rule, no 4 of 140 rule of code of criminal procedure, non-sue is that to the case of finished in public security organs, and finished in procuratoral organ, the procuratoral organ can don't initiate a public prosecution to people's court if they think the suspect is not enough to be prosecuted or the crime case is light, or there is no enough evidence to prosecution. Accordingly, it can be sorted for no sue, relative sue, and impeach no sue. On my survey, during 2008, there are 371 minors, and 1 for no-sue,96 people for probation. In 2009, there are 324 minors, and 2 for no-sue, 66 people for probation. In 2010, there are 237 minors, and 0 for no-sue,23 people for probation. Probation for so many minors, and the procuratoral organ doesn't take criminal sue right to them to make decision of no-sue to the minors. Compared to the procuratoral organ of other cities, it's also a little less for no-sue of the minor's crime case. Actually, it has the factor of system and human.Youngsters are the hope and future of homeland, their crime will destroy themselves, family, and society. Our government has special law as THE LAW TO PROTECT THE YOUNGSTERS RIGHT to strengthen the protect of youngster's right. In recent years, our procuratoral organ arranged a lot of work to prevent the minor crime according to the law and leaders'demand, according to the socialism rule and criminal policy, according to the goal of pursuing the best law and social effect, according to the principle of deepening the development of handing the case. Insist the principle of education, moving, saving, to arrange the work of preventing minor crime, deal with the minor crime case properly, and get good law and social effect finally.
Keywords/Search Tags:Youngsters, crime, cautious arrest, don't prosecute, prevent
PDF Full Text Request
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