Probation And Community Corrections For The Juvenile Delinquent

In today’s society,more and more minors embarked on the road of crime, this is a problem in many countries to make the world a headache. From our perspective, the number of juvenile delinquent are constantly increasing, and more and more. A scholar named Linshantian said that "It better to say minor crime is a society and education problem rather than a legal and judicial problem. If you want to figure it out effectively, it can be divided into two levels which are social and judicial. " Our situation is that the juvenile offenders are put to prisons and other closed and fixed place of imprisonment which is not to be separated minors and adults, this is our country taken against juvenile offenders main means of execution. However, imprisoned antidote which labeled someone would leave a stain in the labeled people who may effect by the stain for a long time. If things go on like this, he will accept this label and conduct a more seriously crime result in become a profession offenders. Given the various characteristics of minors are different from their own adult, the minor offenders with adult offenders in prison for the same approach is not desirable. So now countries have to reach agreement on this issue, as much as possible from the minor offenders sentenced to imprisonment. This passage is adopting empirical research, strive for how things develop, analyze the problem exit in the reprieve of minor crime and community correction and come up with some solutions. This passage was divided into four chapters.Chapter one describe the legal definition of juvenile offenders and probation meaning of applicable, investigate and analyze the situation of applicable reprieve in Shantou. Firstly, I discuss the legal definition of juvenile offender and its characteristic; analyze the rationality of choosing reprieve as study representative of non-custodial penalty. Secondly, I adopt empirical analysis method and researching the situation of applicable reprieve in Shantou. Thus, the physical and psychological characteristic of juvenile offender decided the punishment between juvenile offender and adult should be different. But the reprieve proportion of nonlocal census register of juvenile offender was very low at far, this closely related to community correction policy of reprieve and leading to the content of chapter two.Chapter two summarized the community correction policy of juvenile offender in our country and discusses the necessity of this policy, it considers without complete policy, sentence reprieve or non-custodial penalty to juvenile offender is useless. I compare and analyze the community correction of juvenile offender in foreign country, lead to the content of chapter three.From July 2003, our country finally has the truly pilot of community correction,despite a late start, but has made some breakthroughs. Meanwhile, in the practice of Community Corrections work, there are also many deficiencies. Chapter three analyzes the difficult when conducting community correction of reprieving juvenile offender, it divided into three directions which are the difficults of conducting community correction before, then and after.Chapter four aims at the three difficults chapter three present, consider how to complete the policy. The complete of community correction of reprieving juvenile offender should support by scientific community correction ideas. On this basis, complete the legislation, unite the scale and build a community correction project which suitable for juvenile, we will try our best to construct a community correction policy suitable for juvenile offender in China.