Study On The Non-penalty Measures Of Juvenile Criminal

With the evolution of human civilization and human reason sublimation, and the prevalence of non-penalty concept in modern criminal law, Penalties applicable to a wide relief has become a modern pursuit of criminal justice practice. The inherent harshness of penalty doomed it is impossible to punish and prevent crime with penalty singly. Disposal system of crime includes penalty and non-penalty measures, because of the non-penalty measures’humane, gentle and socialized features, it has a natural advantage for physically and mentally immature juvenile offenders’ education and rescue. It can avoid the adverse effects of pain when penalties apply to juvenile offenders. This paper will analyze the non-penalty measures applicable to juvenile offenders in China’s current criminal law and make proposals to improve and reform the existing measures against the problems.This paper is divided into four parts, as follows:The first part makes an overview of the non-penalty measures of juvenile criminal, includes the meaning, the nature and the historical evolution. The non-penalty measure is applied to the offenders who do not harm and not necessary to sentence penalty, it is also a way to realize the criminal, but unlike the penalty.The second part discusses the theoretical basis and the values of the non-penalty measures of juvenile criminal. The penalty modesty thought, economical thought and education thought constitute the theoretical basis of non-penalty measures, because of their characteristics of juvenile offenders, it may bring disadvantages when apply to penalty for the juvenile criminal. Rather than penalty, the non-penalty measures of juvenile offender have a natural advantage.The third part focuses on the analysis of the current criminal law that can be applied to juvenile offenders and its problem. The current law which can be applied to non-penalty measure for juvenile offenders is only the criminal law Article17(4) and Article37applied to the general subject, these provisions is less kind, not follow its characteristics, too general and generalization, lack of maneuverability in practice, urgently needs to improve.The fourth part makes an overview on the extraterritorial and makes suggestions on the current criminal law to improve our non-penalty measures in China. By the comparison with other representative countries and Hong Kong and Taiwan, find our deficiencies. For forming our specifically non-penalty measure for juvenile system, we should improve the existing measures and create the new measures.