A Research On Juvenile Public Surveillance

Juvenile Public Surveillance is an open punishment method without imprisonment whichput juvenile delinquency into community for correction. It applies to juvenile delinquencywith small dangerousness that committed a minor crime. Due to the growth particularity andnon-freedom of will of juvenile delinquency in mental and physiological, juveniledelinquency have a nature of being modeled and modified. Prison punishment is too muchgrim and more harm than good for juvenile delinquency. Therefore, open punishment methodthat accord with the purpose of helping them return to society has more advantage onjuvenile correction. As a imprison punishment, Juvenile Public Surveillance can effectivelyavoid the defect of prison punishment and prevent the intercross influence of juveniledelinquency. It calls for a comprehensive force to participate in educating and correctingjuvenile delinquency as well, moreover, it is in line with the essence of the socializedexecution of punishments and penalty humanitarianism. More important is that JuvenilePublic Surveillance reflects education for lord, punishment for assist principle and emphasizesthat education for juvenile delinquency is more significant than punishment. As is mentionedabove, it does accord with the international tide of mitigation and socialization of penalty,however, even though the Juvenile Public Surveillance has a special meaning for juveniledelinquency, no attention has been paid to and the position doesn’t cause any change. So, thearticle tries to outline its unique value for juvenile delinquency and firstly proposes theconcept of Juvenile Public Surveillance. As for the practice situation of Juvenile PublicSurveillance, relative measures have been suggested in this article to improve China’sJuvenile Public Surveillance from aspects of substantial law and procedure law.The article has mentioned five parts of statement of Juvenile Public Surveillance:The chapterⅠ is about the general description of Public Surveillance. Firstly the articleintroduces the definition and characters of Public Surveillance, which traces the specialpolitics background of the emergence and development of Public Surveillance. And then, thearticle presents its’ formal functions and special functions distinguished from other penalties.The chapter Ⅱ elaborates the unique value and important position of Public Surveillance.Firstly, by clearing the definition of Juvenile, the article draws into the concept of JuvenilePublic Surveillance and puts forward that Juvenile Public Surveillance has a special meaning for juvenile delinquency. Secondly, regarding of the dispute of abolishing the PublicSurveillance in theory, the article advocates that Juvenile Public Surveillance should beadmitted as a juvenile penalty. In order to make sure its important position, the articledistinguishes the Juvenile Public Surveillance between Juvenile Probation and DetentionPenalty.The chapter Ⅲ introduces the academic bases of Juvenile Public Surveillance. Firstly thearticle state the spirit of Juvenile Public Surveillance, such as the theory of theindividualization of penalty, educational penalty and the socialized execution of punishment,furthermore, it gives an comprehensive description that Juvenile Public Surveillance is incoincidence with the juvenile policy.The chapter Ⅳ researches the practice situation of Juvenile Public Surveillance. Firstly,it presents the low applicants of the Juvenile Public Surveillance according to the concretepractice statistics, it’s mainly because that the judicial organization doesn’t attach importanceto the unique value of applying to the Juvenile Public Surveillance and prosecutorialorganization unreasonably divides juvenile cases, most importance is the defect of the PublicSurveillance itself.The chapter Ⅴ intensively introduces how to improve the Juvenile Public Surveillance.Firstly the article draws on the logical experience of foreign imprisonment of penalty,including the imprisonment penalty of limiting liberty in Russian, Community Service Orderand Community-based Correction. Moreover, the similar point and difference between thethree systems and the Juvenile Public Surveillance of China has been summarized in thischapter. Combing with the new stipulation of the Amendment (Ⅷ) to the criminal law, thearticle proposes to improve the Juvenile Public Surveillance from aspects of substantial lawand procedure law. The main contents of improving the Juvenile Public Surveillance involvethe design of the applicable conditions, the range, specific provisions and discrete standard, aswell as the improvement of Criminal Prohibition Order and Community Correction in theexecution of punishment.