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Comparison Of Chinese And Foreign Criminal Responsibility Of Minors

Posted on:2013-11-10Degree:MasterType:Thesis
Country:ChinaCandidate:W LiFull Text:PDF
GTID:2246330362974397Subject:Law
Abstract/Summary:PDF Full Text Request
Chinese modern legal history founder Mr. Liang Qichao used freely language willyoung and national relations made incisive treatise:" today it is the responsibility of, notothers, but all in my youth. youth Influenced the countries, adolescent smart andcountry wise; adolescent rich and country rich; adolescent strong and countryprosperous and strong......" Thus, the juvenile and the country’s future development.Therefore, any country and people have attached great importance to the education ofminors. With the development of society and multi-culture collision and other factors, inrecent years, the cases of juvenile delinquency quantity sharp rise, and this is closelyrelated to the juvenile criminal responsibility system has become the focus in theacademic circles of criminal law. Throughout the world, the causes of the criminalminor can be somewhat on a par with. For example, their legal consciousness withfriends, family or apathy and parents do not care, schools, social redistribution of lightGermany complex brewing multiple values. From the aspect of the legal system forminors to discipline and protection; how to use legal means to minors were specialeducation; to this one problem, academic ideas emerge in an endless stream, the judicialpractice also form to innovate.Vertical world according to the national conditions of minor age and the capacityof criminal responsibility division has each different, have different legislation and thejudicial system. Many western developed countries based on the minor crime situationcognition and Juvenile Socialization needs, have accelerated their minor legislativework; pay close attention to the development of juvenile criminal liability in the field ofjuvenile law, juvenile court law. Through perfecting legislation, the developed countrieshave established a relatively complete legal system for juvenile, juvenile law developsmore and more detailed, more and more complete. Study of minor criminalresponsibility for the effective containment and prevention of juvenile crime hasimportant significance in theory and practice. Our country minor legislation afterdecades of efforts, has improved.This paper from the angle of criminal law criminal responsibility of juvenile legalsystem ’s connotation, through the analysis of the current situation of juvenile crime andthe existing problems, the main developed countries in contrast to minor legislation andconstructing legal system for juvenile of advanced experience, mainly the United States, Germany, Japan and other countries; Analysis and comparison of domestic and foreignminors basis of legislation and judicial legal system construction model, combined withChina’s minor legislative practice, tries to juvenile criminal responsibility relatedtheories and on China’s juvenile criminal responsibility system implementation formthat criminal treatment system were discussed, it is pointed out that the defects andshortcomings, and improve China’s juvenile criminal responsibility system to putforward to think and suggest, do a little contribution with period for our country minorlegislative system research and the Chinese characteristic legal system for juvenileconstruction.
Keywords/Search Tags:Criminal responsibility, Juvenile crime, Criminal responsibility of minors
PDF Full Text Request
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