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Legal Analysis Of Juvenile Delinquency Criminal Justice Policy

Posted on:2014-12-27Degree:MasterType:Thesis
Country:ChinaCandidate:J LiuFull Text:PDF
GTID:2256330401461378Subject:Law
Abstract/Summary:PDF Full Text Request
The psychological and mental development of minors are not mature, their socialdevelopment in which the position has a certain degree of particularity, the reason whycrime family and social aspects, in addition to its own reasons, have a certainresponsibility. Therefore, it is necessary to follow the spirit of the legislation, and formspecial methods and mechanisms that different from the adult treatment of juveniledelinquency, to the purpose of dealing with the delinquency of minors, and protectingtheir human rights. For a country governed by the rule of law, it is necessary to use legalmeans to protect the legitimate rights and interests of minors and prevent their criminalbehavior. Minors crime, be held criminally responsible is not the goal, its main purposeis to focus on rescue, so that their dangerous crime do not happen again.Through the analysis of the current juvenile delinquency penalty policy, emphasize thespecial nature of this group of minors, and adhere to the principle of "people-oriented"and "wide-based to strict economy wide, focusing on characteristics, specific analysis,concerned about the social value of the pursuit of social harmony" as its ultimate aim inthe actual work in the criminal trial of minors. To the fundamental interests of thepeople as the starting and ending points, especially justly, generally reflect human rightsis an inevitable requirement for building a harmonious society, respect for andprotection of human rights, is the basis of building a harmonious society. Criminalsalthough committing the law, against the state, society, or the rights of others, but theyshall have the right to be respected and protected, as a "human being", especiallyjuvenile delinquent should get special protection. Mitigation of punishment, this type ofcrime should be emphasizing its educational function. Juvenile delinquent penaltysystem should be gradually stripped from the adult penal system and become theindependent improvement minors penal system. In trial work, under the guidance of thecriminal policy of combining punishment with leniency, continue to create and improvethe way of hearing and performing juvenile delinquency cases, discover and build thephysical and psychological characteristics of minors in criminal cases the hearingmechanism.In the construction of harmonious society, trial practice and implementation of juveniledelinquency guide the policy of "temper justice with mercy criminal", with which tointeract, to accurately grasp the scale of combining punishment with leniency.Maximize the application of a sentence of imprisonment for minor offenders torehabilitation and education, to make an early return to society with physical and mentalhealth and normal personality traits.
Keywords/Search Tags:Juvenile Delinquency, Criminal Policy, Protection of human rights, Judicial Interaction
PDF Full Text Request
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