The Return Of The "Protection Of Minors" And Interpretation

With the development of modernization and urbanization and social differentiationand crime in most countries in the world has become a serious social problem, the minorcrime is striking, with drugs, environmental pollution, etc and is called "the world’s threelargest public hazards". Minor crime problem is increasingly complex, investigations of theminor crime has become most studied in criminal law, sociology and other subjects, one ofthe fastest growing areas."Criminal law amendment (eight)" article6of the intentionalcrime again for minors within five years is no longer considered a recidivist, article11ofthe lesser minor crime shall be sentenced to probation, be sentenced to fixed-termimprisonment of not more than five years in article19of the minors in employment, thearmy from reporting obligations respectively from three angles involving the recidivismsystem, probation system in our criminal law, criminal record system three criminaljudicial system of fixed or established, are made of light punishment on minor crime, forthe minor crime in the criminal punishment and return to society after reflected a moretolerant attitude, in the form of revised criminal legislation on the protection of minors, toadapt to the need our criminal judicial policy of tempering justice with mercy andembodies the protection of minors’ thought of regression and modern interpretation. Theauthor proposed the amendment of criminal law eight triple protection of minors, fromtheory foundation, law setting, protection level and practice to explore various angles isanalyzed, and puts forward how to further implement the protection of minors thought,from probation applicable, criminal record elimination, uniformly four aspects ofcommunity correction, entrance, build the Chinese characteristic the juvenile criminaljustice of special mechanism suggestion.