The Research Of China Youth Probation System

With quantity and quality of a linear upward trend of today’s society of juveniledelinquency, juvenile delinquency also become a social problem of great concern ofthe community. Minors and minor crime has its own characteristics different fromthe adult criminal, how to deal with juvenile crime better, better education andtransformation of a minor to commit, how to make juvenile offenders to get thecorrect sound education transformation can be timely and successful integration intosociety, we must carefully explore a problem. Deal with juvenile offenders toconviction and sentencing, the probation system known as "the darling of thecontemporary penal system has played a pivotal role.The principle of active use of theprobation system to deal with the problem of juvenile delinquency treatment ofjuvenile offenders with the party and the state has consistently adhered to the"educational probation, to save the" principle of complementary, but also with"education-based, punitive, supplemented by" a high degree of fit. Since its1870creation date, the values of the probation system because of its "penalty, rationalize,ease of" highly respected, but our probation system legislation rather late, thelegislative requirements of the probation system is too rough and general.Furthermore, China does not specifically different from the adult criminal, juveniledelinquency probation system, resulting in the application of probation for juvenileoffenders, there is the absence of legislation, the applicable standard fuzzy, irrationalapplicable procedures, the inspection system is not perfect many defects anddeficiencies. Based on the above considerations, by exploring the historical originsof the probation system, the connotation of the juvenile probation, and learn fromforeign advanced experience of the juvenile probation system, related analysis andmake recommendations on a number of issues in the juvenile probation system inChina. The paper is divided into four parts, the following major elements: the first part, an overview of the juvenile probation system. First define the application ofthe juvenile probation system "juvenile" refers to "the age of18minors under the ageof14. Then outlined the origins and evolution of the probation system.Again bycomparing the juvenile probation system and adult offenders, the probation system,the juvenile probation system is defined. And finally discusses the meaning andvalue of the juvenile probation system, reveals the need to create the juvenileprobation system. The second part, the juvenile probation system in the historicaldevelopment and beyond comparison. First discusses the teaching Shien forgiven ofJustice to suspend and a statement of release is considered to be a precedent of themodern probation system and the modern probation system, the creation, explorationand development. And then through the inquiry of the juvenile probation system in theUnited Kingdom, Singapore, Japan, compared to status quo of China’s juvenileprobation system is imperfect. The third part of China’s juvenile probation systemapply. Crime conditions, criminal conditions in real terms, conditions, and toexclude the application of several aspects of the investigation of conditions and thejuvenile probation system to discuss the juvenile probation system. Criminal LawAmendment eight probation system of community correction, activities, a prohibitionorder to include for discussion. The fourth part, the lack of juvenile probation systemand perfect. First part introduces and discusses the inadequacies of the juvenileprobation system in China, and learn from the advanced experience of foreigncountries, with China’s national conditions and make recommendations accordingly,for example, legislation to increase the Juvenile Probation system of criminal recorderadication, improve juvenile probation a person before the survey system and so on.