On Juvenile Delinquency Sentencing Standardization

In recent years, juvenile crime has become the world facing serious social problems, it is a criminal offense has been high in proportion, known as the world,"one of the three major public hazards." Juvenile delinquency and the characteristics of this type of crime and adult crime, do it to distinguish, mainly caused by the special nature of the subject. How effectively prisoners of minors in the realization of the correction, while minor offenders may have certain social penalties demonstration effect of the rising trend of juvenile delinquency play a role in curbing This is the reality of our legislative and judicial approach proposed severe test.Sentencing for juvenile crime is a minor correction to achieve justice is an important part of prisoners, scientific and rational sentencing, not only to achieve the punishment of juvenile offenders restore damaged social relations of crime, but also realize the crime has not been the special role of adults to prevent minors and other general preventive effect. For minors, the age and specific cognitive abilities, so it should be done when sentencing an adult offender sentencing with reasonable distinction between China’s current laws, judicial interpretations, and in2010the Supreme Court’s sentencing standardized guidance (Trial) although established in the relevant provisions of the criminal penalties for minor content and guiding principle, but in the specific circumstances of the application of sentencing, the application of criminal types, determination of the baseline sentencing, sentencing and other aspects of the design is not make a reasonable depth, the kind and operable standardized design, I believe that in these areas should be useful to make some in-depth exploration.Juvenile delinquency, how to standardize sentencing is a judicial practice problems, and therefore the implementation of standardized sentencing of juvenile delinquency to think and reconstruct the path, which is a reflection on the existing system must be made after the building, not legislation is not broken, arguments and argument only after the current lack of defects can be made on the basis of effective improvement or change is considered useful exploration. The purpose of the legislative and the judiciary should not be confined to existing social problems, the problems should now enter into the vision of social development, but also to achieve the remedial efficacy of preventive measures.This article includes four parts, the first part of this article intends to explain in depth the issue of standardized sentencing. This second part of the empirical analysis will show the way to the sentencing of juvenile delinquency non-standard circumstances, to its legal status and the resulting analysis of the causes. This third part is a minor crime, sentencing standardized value analysis, the current criminal law offenses against minors at the event as one leading to the sentencing of non-standard purpose of punishment can not be achieved on the other hand can not achieve a good crime minor correction, the sentencing of juvenile delinquency will be standardized to make improvements in these two areas will also have some positive social effects. This fourth part is about the sentencing of juvenile delinquency to explore the path of normalization, in reference to foreign criminal penalties for minors while the experience of unity of our country, juvenile delinquency sentencing principles of standardization, in principle, to explore under the guidance of our young crime sentencing standardization of the basic model of how to build.The significance of this study, this article the author from the real social reality, through large amounts of data and statistical analysis and comparison of cases, the applicable penalty for minors is a crime, not simply the perspective of the judicial practice, the penalty value of reasonable analysis and judgments. The existing legal framework, the penalty applies in juvenile delinquency on the controversy, to temper justice with mercy in criminal justice reform policy as a guide to prevent the arbitrary discretion of judges for the purpose of dynamically to balance justice and judicial utilitarian distinguish between ideas and methods to strengthen the sentencing process to achieve the special protection of juveniles from the formal justice to actual justice.