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Construction Of Juvenile Delinquent Personality Survey System

Posted on:2012-02-27Degree:MasterType:Thesis
Country:ChinaCandidate:F ChenFull Text:PDF
GTID:2217330344450180Subject:Law
Abstract/Summary:PDF Full Text Request
The "Personality Survey System" are introduced to the legal application process, so that when the judge is in sentencing, he can not only fully grasp of the real situation of juvenile delinquency, but also insight into the personality of juvenile offenders. On the one hand,it enriches the information content of the trial judge for the case, on the other hand,the cold trial court is full of "human touch. " It provides strong guarantee for the judge to sentence accurately.And it also provides vivid legal and moral education classes for the juvenile offenders.So that the judicial system's role in crime prevention are maximized, and the human rights of juvenile offenders are duly protected.The paper is divided into three parts, including introduction, body and conclusion.And the body is divided into four chapters.The first chapter begins with some related concepts, focusing on the meaning of personality and the comparative analysis between personality survey system and other different titles. "Personality Survey System," the title can better reflect the value of the system.As to the legal location of the system,although it is similar to the personality evidence of common law, at this stage in our country,it should be identified as the reference.Finally,the paper discusses the development process of the system, including changes in the theories of criminal law and the history of the system.The second chapter discusses the basis for investigation of the system of juvenile criminal personality. In the physiological aspect, physical and psychological characteristics of the minors mean that they have strong plasticity. Penalty individual theory, education, criminal punishment theory and personality theory provede a strong theoretical support for the existence of the system. In national policy aspect,the principle for the juvenile offenders always is "education, supplemented by punishment". China still has deep cultural roots,that is the thinking of "shirt the young".Taking legislation and judicial practice as a perspective, the third chapter describes the experience of foreign countries and our current situation and analyzes the current domestic legislation and practice deficiencies.Through the in-depth comparative study of specialization with foreign practices,we find that there is some valuable experience that we should learn from,such as the specialization of the men to investigate,he scientization of the contents and the standardization of using reports.The fourth chapter sets out the idea of establishing the personality survey system for juvenile offenders in our country and discusses the possible construction program.Based on the current judicial interpretation,it is necessary to make additional provisions or even to make a statutory body in the criminal basic law.The investigators should be professional. Based on the analysis of the advantages and disadvantages among the various investigators, the Community Corrections Organizations to serve as the investigators are more reasonable. Personality inventory content should be scientific, specifically including the basic personal circumstances, the facts of crime, the performance before and after the crime and living environment.In order to ensure the quality of the investigations, personality survey methods should be diversified and flexible. In filing, investigation, prosecution and trial,that is in all stages of implementation,the investigations can be started. Personality investigators are independent of the defendant and the judge.They should participate in the trial court, read the report and answer questions.
Keywords/Search Tags:Juvenile offenders, Personality survey system, Personality, Criminal proceedings
PDF Full Text Request
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