Research On Orthodontic Treatment Of Minor Crime Under The Background Of Criminal Policy Of "Tempering Justice With Mercy"

Juvenile crime is a world difficult problem, It is not only the research hotspot of criminology field for a long time, but also is an important content in the field of sociology. Juvenile crime is a mirror, which can reflect the social problems in different countries during the specific period. Each country and region attaches great importance to the issue of juvenile crime. Minors are a special group, the mainly principle is to protect them. In the process of making laws and regulations, they generally take the difference from adult offenders’ treatment measures.Our country adopts the criminal policy of "tempering justice with mercy", requires for the object of crime of different differentiation treatment, the light or the heavy. The criminal policy is applicable to juvenile crime, the more is reflected from the "mercy" content, the too much "mercy" has possibly weakened the penalty function, and it’s not conducive to the general prevention and special prevention of juvenile crime. In order to prevent and combat crime better, reduce the repetition rate of the juvenile crime, based on the particularity of minors,"strict" criminal policy should be implemented in orthodontic treatment. A good correction effect contributes to the juvenile crime to return to normal social orbit, is conducive to the stability of social order, but also minors’ behavior deviation after correction can re grow healthy."Mercy" and "strict" implemented in different sides, also reflected on the protection of the rights and interests of minors. From the legal basis, the relevant provisions of our juvenile crime mainly appear in the "criminal law","law on the protection of minors","law on the prevention of juvenile delinquency" and "Compulsory Education Law" and other laws. From the mode of operation, our correctional treatment mainly have four kinds, including juvenile prison correction, juvenile community correction, the correction of detaining for reeducation and reform school correction. Four kinds of orthodontic treatment are suitable to different kinds of juvenile crime, and they are different in the actual operation process, applicable scope broad, content and method of correction.This paper first studied our juvenile crime correction in treatment at present, including basic features of the juvenile crime, and the formation of our juvenile crime’s correctional treatment under the criminal policy of "tempering justice with mercy". Secondly the paper elaborated four specific modes of correctional treatment, and summarized some existing problems. Again through the research of the foreign correctional treatment’s typical mode, understanding their advanced system designs, advanced idea of criminal correction and scientific methods, techniques and the rationalization, compared with the correction in our country, the paper explored the worthy of our reference and study content. Finally the paper puts forward concrete suggestions about consummating our juvenile crime’s correctional treatment system.