Analysis On "Criminal Law Amendment (Ⅷ)" On Provisions Relating To Minors

Minors are the hope of a nation, so take all possible measures to protect theminors has become the biggest pursuit for every country. However, although theminors have been noticed by the human society that they are different from adults inphysiology, psychology and so on, but in the long history of human developmentprocess, A perfect legal system for the protection of minors has not really been formed,both at home and abroad. China has always insisted on seeking protection of minors,The revise of “Criminal Law amendment (Ⅷ)” on Provisions relating to minors havereflect the positive exploration on the protection of minor rights, in spite of therevise has great progress and there are some problems at the same time. This paper tryto make some new exploration in the protection of minors’ rights by analyze theprogress and the lack of the protection of minors’ rights in “Criminal Lawamendment(Ⅷ)”. This paper is divided into four parts:The first part, the specific content of the provisions relating to minors in"Criminal Law amendment (Ⅷ)". And these are all about the minor offender. Thispart has analyses the content of the provisions relating to the minors, and theseprovisions are all about the minor offenders. It makes the provisions of persons underthe age of18does not constitute a General recidivist; Broaden the scope ofapplication of the probation on the minors；Cancelled the minors’ obligation ofreporting Criminal record.The second part, The progress of "Criminal law amendment (Ⅷ)" on the criminalminor revisions. The paper has mainly analyzed the "Criminal law amendment (Ⅷ)"on minors, and how these changes have positive influence on minors. Generalrecidivism system does not apply to the minors, which reduced the probability ofthem to bear the punishment of imprisonment. The determinately conditions ofprobation also expanded the scope of minor probation, to enable them to grow up in arelaxed and open environment to avoid the drawbacks of imprisonment. Cancellingthe minors’ obligation of reporting Criminal record cleaned up regressive socialbarriers, and let the minors going back to the normal social life without psychologicalburden.The third part, The shorting of the revise in "Criminal law amendment (Ⅷ)" about the criminal minor’ clause. The minors are no longer constitute the generalrecidivism in the amendment, but it is also a recidivist system, there are not mentionthat how to disposal minors in accordance with special recidivist and drug recidivism.It means that there no minors excluded from the special recidivist and drugrecidivism. The absolutely provision is not good for protecting minor’ rights. Therevised provisions of the minor probation instead of "should be" type, and it isundoubtedly desire to expand the criminal minor to application of probation. Butbecause of the Jail term’ limit, the application of probation is still too narrow. Theminors’ obligation of reporting Criminal record is cancelled in a certain degree, butthere is unreasonable in the minor criminal record system. For example, the recordsstill exist and can be known, it makes the legislative default goal hard to achieve.The fourth part, suggestions on how to implement the lenient punishmentfurther on minor offenders. This part is on the basis of the Criminal lawamendment(Ⅷ),with the guidance of the lenient and strict policy, the most suitablefor minors physical and mental development as the starting point, to apply theminors impose non-custodial penalty as the principle, according to the revise inamendment (Ⅷ) to put up some suggestions on minor recidivist,probation,institution. The author thinks that, because the special recidivist is designed to hit thecriminal which nature is particularly serious，we can not completely abolished itsapplicable for minors. But stand by the minors rights perspective，apply themisdemeanor minor offenders with the special recidivism is unreasonable. Soproposal that set Jail term’ limit, let some misdemeanor juvenile offenders out of thespecial recidivist. Further to expand the scope of probation in the minors andimprove probation period. In addition, the author according to minor criminaloffences’ age and severity to degree three disposal, and contingent on the degree oftransformation to seal or destroy the record.The fifth part, conclusion. This part is a summary of the analysis andsuggestions above, the author makes a forecast on the future of minor criminallegislation, and express the author’ good expectations.