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The Legislation Of Community Correction Of Juvenile Delinquents In China Studies

Posted on:2013-12-08Degree:MasterType:Thesis
Country:ChinaCandidate:Q M BiFull Text:PDF
GTID:2246330374965423Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
Minor crime and drug trafficking and environmental pollution is the current international society as "society three big social effects of pollution", The Minor crime was listed in the first place and called "society plague", Minors are the pillars of the motherland and the hope of the nation, The healthy growth of minors is in relation to the national prosperity and the country’s weakness. The crime is not only related to social stability and prosperity, but also related to numerous happiness of family.Therefore, we should pay high attention to Minor crime.and consider how to maximize and prevention of Minor crime, With the concept of punishment and social civilization evolution of development, and prisons and funds serious than present situation, combining the advantage of community correction, people generally realize to imprisonment penalty system mainly the limitation of the punishment of the law as a last resort to benefit and supplementary means, so the attitude is wary for the start of the punishment. Combining the advantage of community correction, people were generally aware to imprisonment penalty system mainly the limitation of the punishment of the law as a last resort to benefit and supplementary means, for the start of the punishment the wary attitude. Community correction arose in the west, the world transplant, the prototype is mainly aimed at minors and the applicable, most of the countries of community correction of the special legislation. Our country since2003the pilot work of community correction, has carried out almost10years, but about the community correction special legislation there still exist the blank, This paper mainly to the infant make community correction criminal legislation as a logical starting point, to foreign legislation to investigation and analysis, the present legislation of our country to practice in a comb, Based on the integration of the criminal criminal law thought, separately from the substantive law and procedural law and implementation method three Angle to our country make the legislation of community correction minors to explore problems, in order to "build" a minor community correction in China make legislation, to perfect our country’s minor make community correction of legislation to the theory basis and the relevant judicial practice beneficial.In addition to the introduction and conclusion part, this paper is divided into five sections:The first chapter first to the criminal law in the context of community correction and minor made the concept of community correction made to define.The second chapter of foreign about minor make community correction legislative situation of investigation and analysis for reference, the content and form of legislative norms concluded, that are beneficial to the our country about minor make community correction the enlightenment of the legislation.The third chapter of community correction in China on minor make the present legislation to practice summarizing and analyzing, view our community correction about special legislation, the lack of community correction to the relevant provisions of the comb, and with Beijing, Shanghai and kunming as the typical representative analysis and introduce.The fourth chapter of the infant make community correction of legislation necessity and feasibility analysis and reasoning, necessity, mainly from the current the lack of legislation, the austerity of criminal law and foreign legislation trend for analysis, feasibility, mainly from the pilot experience and criminology and sociology Angle to analysis, so as to make about minor behind the legislation of community correction provide arguments support.Chapter five respectively from the form and content of legislation puts forward on our community correction made minor criminal legislation suggestion. Make a special form legislation of the community correction, make provisions for minors chapters, respectively in the content of the minors to make the community correction entity, procedure to the three aspects of the design of legislation to regulate conclusion.
Keywords/Search Tags:Minor crime, Community correction, Necessity and feasibility, Criminal legislation
PDF Full Text Request
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