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Improve Our Probation System Of Juvenile Offenders

Posted on:2015-07-26Degree:MasterType:Thesis
Country:ChinaCandidate:X L XiangFull Text:PDF
GTID:2296330467468007Subject:Punishment law
Abstract/Summary:PDF Full Text Request
With economic developmenting, juvenile delinquency increasingly serious.Whatkind of punishments given to juvenile offenders is closely related to their futurehealthy growth.Taking into juvenile offenders have body hypoplasia,thoughtinstability,susceptible to external factors.So penalties should be imposed in order toeducate and protect them,rather than simply using the law to punish them.The juvenile offenders probation system,as a humane,society penal system.Notonly can reduce the disadvantages that the Imprisoned Punishment brought,but alsocan according their own circumstances to reconstruction a good environment to helpthe juvenile offender,so that they can not be supplanted by all sectors ofsociety,reintegration smoothly.So as to achieve the effect of protect juvenile offendersand prevent their re-offending.Therefore,to improve our juvenile offender probationsystem for control and prevention juvenile delinquency has a very importantsignificance.In China, the juvenile probation system,as an ideal means of committinga crime for juvenile offenders,have no independent from the probationsystem.Juvenile delinquents’ own particularity determine that adult offendersapplicable probation system is basically the same as inappropriate.Therefore, in orderto achieve the capabilities of education and crime control and prevention for juveniledelinquents,I will find the shortcomings in juvenile offenders probation system’legislative,judicial and law enforcement sectors,only to find out the crux of theseproblems, propose solutions, can let this system to play its role.In this article,by way of analyze the legislative, judicial and executive status ofjuvenile offenders probation system,find that:because of the idea of retribution makesthe running of the system’s failure to focus on the special nature of juvenile offendersconsiderations.Resulting in the system Deficiencies in legislation supporting theregime, unreasonable conditions applicable issues.Such as inequality in the judicialapplicable for low, inspection, supervision process due to the lack of workableregulations,it is difficult to achieve a good inspection results. To solve the aboveproblems, the idea of "criminal integration," the ideological content of proposedexpansion of juvenile offenders in the form of probation conditions, specifically its substantive conditions, perfect personality survey system, design a workableimplementation of the system and the construction of juvenile offenders on probationexecution impact assessment system and so a few suggestions to improve theprobation system for juvenile offenders. The article consists of the following fourparts:The first part:A basic overview of our juvenile offender probation system.Thisparty mainly about the concept of our juvenile offender probation system,the legalbasis for juvenile offenders to applicate of probation.And analyzed the rationality ofthe applicate of probation for juvenile offender.The second part:The status and problems of our juvenile offender probationsystem.This part discusses the juvenile offender probation system’s status andproblems in legislative,judicial and execution.With author’s investigation inpractice,the relevant conclusion be effectively supporting.The third part:Analysis the existing problems of our juvenile offender probationsystem.This part reviews the errors of this system’s concept by analysis the problemsof our juvenile offender probation system,identified our juvenile offender probation’sguiding philosophy--Protection concept-based,supplemented by the concept of theresponsibility,that suitable for our National conditions.This concept laid thefoundation for improving the system.The fourth part:The improving of our juvenile offender probation system.Thispart from the start of understanding the “Criminal integration”ideologic,combinedwith the practice of the system.And proposed the improving proposals for our juvenileoffender probation system in four areas of legislative,judicial,executive and feedbackof execution effect.
Keywords/Search Tags:juvenile offender, probation, cause analysis, improvement, Criminal integration
PDF Full Text Request
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