Study Of Juvenile Delinquency Penalty System

Juvenile delinquency is a particular type of crime that distinguishes itself from adult crime in terms of characters of crimes, application of punishment and means of enforcement. Hence, a relatively independent minor's criminal responsibility system has been introduced. The several features of China's juvenile delinquency law shows the deficiencies in the current system of juvenile criminal responsibility, where the re-evaluation is needed.Start with review on China's current definition of juvenile and the range of age, this paper bases its discussion on juvenile criminal liability. In addition, by defining and understanding the juvenile delinquency, author move to the dissertation for special principles and penalty application for Juvenile Criminal Liability, and gives the analysis on the deficiencies in the Juvenile Delinquency Correctional System. Finally, this article raises the questions and suggestions on how to learn from beneficial experience overseas and apply community correction, so as to perfecting China's juvenile penalty implementation system, with the hope of providing some reference significance to the construction of China's Juvenile criminal liability systems.In the introduction, in view of the absence of a special juvenile criminal proceeding in China's Criminal Law and Criminal Procedure Law, and in order to better protect juveniles'rights on the basis of existing law, the author address the necessity and urgency in improving the criminal juvenile delinquency system before the set up of additional juvenile criminal proceedings.ChapterⅠ, the concept of criminal liability of minors. By the defining the word"minors", conducting comparison both vertically and horizontally, author determine the age scope of minors, followed by the analysis on the relationship between criminal responsibility and the age range. Through the comparison of the relevant legal provisions of other countries and regions, author conduct the second analysis on the reasonability of the criminal responsibility of minors in China.ChapterⅡ, juvenile delinquency penalties application. Through the broad and narrow description of juvenile crime, and China's "Criminal Law", "Prevention of Juvenile Delinquency Law" and other laws of the definition of crimes against minors to be defined.Elaborated on China's offenses against minors in criminal cases the principle of the legislation dealing with the unique reason, necessity and an important role. And then discuss the applicable rules for juvenile delinquency in China's "Criminal Law".ChapterⅢ, the penalty for juvenile delinquency and the implementation of correction measures.In this section, juvenile delinquency penalty method and non-penalty methods were introduced. Through the implementation of these different kinds of penalties and correction measures of comparison, reflects China's "education, probation, and rescue" approach. Also pointed out the deficiencies exists in China's criminal law system of penalties for offenses against minors.ChapterⅣ, the trial stage of the community correction system. Community corrections, as a new type of corrective measures implemented in China has a comparatively short history. In this chapter, based on the author's actual work experience, the deficiencies of the system which permits community corrections - a non-custodial penalties are discussed.In conclusion, the author re-emphasized the realization of a scientific China's juvenile criminal system, and points out the urgency and necessity of forming a juvenile delinquency criminal responsibility system that in line with the age and characteristics of minors but also has ability to conduct criminal sanctions.