Comparative Study About The System Of Chinese And Foreign Juvenile Probation

At present, the proportion of young crimes occupied in criminal cases increases sharply,the nature and plot of the juvenile delinquency are more and more serious.It is great threat forthe social harmony and stability, juvenile delinquency is already a serious international socialproblem. Therefore,in premise of giving appropriate punishments to juvenile delinquency, itbecome the international criminal law educational world research hot spot of that how toreform the education, how to prevent its to crime, how to make its return to society. In a largestudy of juvenile delinquency, all countries are more and more seriously digging thepersonality and identity of juvenile delinquents, according to the particularity of thejuvenile delinquents, and put forward many young judicial protection theories and principles,like "two-way protection principle","light of punishment on" and "education punishmenttheory".Thus, to construct and develop the system of young suspension into criminal judicialfield become "the extremely realistic significance of research in the subject."This paper mainly through the comparative method, the United Kingdom, the UnitedStates, Germany and Japan represente of the two law system, investigation the presentsituation of legislation and judicial of juvenile suspension. this paper compares bettwen of ourcountry’s current legislation and applying of juvenile suspension, provide theory and practiceexperience for our system of juvenile suspension, finally the author propose the ideas andsuggestions of our country’s young probation system construction.This paper is divided into five parts, a total of thirty-six thousand words.Part I: overview of the system of juvenile probation. This part is through the system ofsuspension of the history of the historical development of the narrative, and gradually drawout the system of suspension of young was created. In clear juvenile delinquents personalityidentity particularity, and on the basis of the system of suspension of young preliminarydefinition, summarizes the differences of juvenile probation and adult probation specialproperties. It also expounds the juvenile probation system in the criminal law in the protectionof young irreplaceable position and its profound theoretical basis.Part II:international investigation of the system of juvenile probation. The author in thispart of the legal system of two big part of the system of suspension of young nationallegislation and judicial situation of the investigation, this paper introduces the system of suspension of those countries in the young and the applicable provisions in the hope thatthrough comparative study, absorbing foreign reasonable young probation system theory andpractice experience, to promote the development of the system of our country’s juvenileprobation and perfect.Part III: the status quo of our country’s juvenile probation. This part of the mainlyintroduced the current sentence suspension system, China for the suspension of juveniledelinquents. The main part of China was introduced for the defects of juvenile delinquentsprobation, also introduced in China in recent years the system of suspension of young theestablishment and development of the attention gradually, and the legislative and judicial toyoung the system of suspension of the probe.Part IV: Comparison and reference of the system of juvenile probation of some Chineseand foreign countries. This part is the core research of this paper, the author is mainly to theforeign system of suspension of sentence and of the current system of suspension of sentencefor juvenile delinquents comparative study and evaluated in this paper, and in reference andforeign reasonable experience at the same time, to our country the juvenile delinquentsapplicable conditions, suspension of sentence suspension type, investigation system and theapplicable procedures etc and in detail and correction, to construct the system of juvenileprobation in our country.Part V:Conclusion: the ideas of juvenile probation system perfect. This chapter isthrough the fourth part of the content of the summary and comb, and the system of juvenileprobation the construction of the systematic view of this paper.The establishment and development of the system of young suspension is imperative, butthe process of that, how to realize the young the system of suspension of reason and humannature, justice and legal harmony, is formidable task.