Study On The System Of Minor Crime Suspension Of Sentence

With the development of society and economy, the minor crime cases shows a tendency of increase and aggravation, which poses a greater threat for the stability of the whole society and apparently has become an increasingly prominent social problem.Our country now is paying more and more attention to the protection of minors, as well as the prevention and correction of minor crimeJuvenile delinquents refers to the criminals under age of 18,who violated law and been criminal invested and judged,Juvenile delinquents usually have distinguished characteristics, including their younger age, low level of education, simple criminal purpose and motivation, mostly in group way and for the first time, relative ease to transform etc. Considering those characteristics, Juvenile delinquents are also easier to transformed and improved.Therefore, probation could be a way to avoid trauma and adverse impact on them.Originated in the United States,the juvenile probation system has been widely accepted in the world,with its rationality, economy, humanity, effectiveness, etc. However, there is still no clear law in China that distinguished juvenile from adult on probation system,which is a lack of stringency. According to the investigation and study of the practice,this paper advocate constantly increasing the rate of probation to minor crime, and accordingly improving the system of juvenile probation.This paper is divided into four parts, the main structures are arranged as following:The first part introduces the overview of juvenile probation system,which illustrated the concept of juvenile delinquents, the main cause and characteristics of minor crime. Then, it presents the origin and concept of juvenile probation system, as well as conditions and values. Comparing to the legal practice of Germany, Japan, the United States and other countries,this part is to find the similarities and differences of juvenile probation system in worldwide.The second part expounds the current situation of juvenile probation system in legislation and justice. Considering the laws related juvenile criminal are too general to be well operational, this paper have investigated some cases about the practice of juvenile probation system in some people’s courts in Chongqing, which is analyzed by tables and statistics.The third part mainly discusses the problems of current juvenile probation system in China, including the absence of independent standard for juvenile delinquents,unfairness for failure to distinguish individual differences,lack of approaches, imperfect inspection, faulty procedures,violation with our policy of juvenile delinquents and so on.The fourth part is about the related Suggestions to perfect the juvenile probation system,which include perfecting the legal system of juvenile probation,developing tiie standards of law appliance and improving the practices of law enforcement.