The Construction Of Juvenile Predelinquent Protective Punishment System In China

Crime phenomenon is recognizable and measurable. According to the statisticsin recent years, Chinese juvenile crime is on the rise, accompanied by some newfeatures, such as the increasing number of young principal criminals, diverse types ofcases, the intensified degree of violent crime, the new emerging crime, theadultification and intellectualization of crime means, rising proportion of gang crime.Due to the weak juvenile mental quality, they are easily affected by the surroundings.Once they have deviant behavior, that will develop to bad behavior. And thus theaccumulation of bad habits is incorrigible, finally the juvenile will be on the road todelinquency. Among these juvenile criminal cases, there is a considerable part of thejuvenile who usually have some bad behavior, such as frequent truancy, running awayfrom home, always staying at the game room and dance halls or other places that donot fit juvenile to stay long, fights, theft. If their parents, the school or even the public,notice their bad behavior at an early time and attach importance to these young people,give them active guidance, education, and perhaps these tragic events will not occurfrequently.The "Prevention of Juvenile Crime Act" in China has ruled the bad behavior thatcan be applicable to juvenile, the nature of behavior is in a certain content ofcoincidence with the extra territorial "juvenile predelinquent" provisions. But in ourcountry, the measures against bad behavior of juveniles are mostlynon-punishment-based methods and administrative enforcement measures. And theprocess also involves limiting or deprivation of the liberty of the teenagers, which isagainst the concept of the protection of juvenile justice in the entire internationalcommunity. In contrary, there is a more complete and independent protectionpunishment system for the predelinquent under the concept of non-imprisonment anddecriminalization. The system clearly defines the protection and punishmentmeasures from mild to severe, and takes community punishment as protectionprinciples as well as takes custodial sanctions as an exception. Juvenile predelinquent are those acts do not violate criminal law, but there is a possibility of theimplementation of juvenile crime, which itself has a potentially dangerous crime, ifjustified and reasonable treatment are not available, is likely to trigger theimplementation of a real teenager crime. The juvenile predelinquent protectionsystem in other countries is through a full range of survey carried by the specialinvestigation agencies. The investigation involves personality traits of juveniles,education, family situation, social environment, upbringing, events reason, the stateof mind after the case. The juvenile court will make a decision based on the survey.Juvenile predelinquent’s protection system is in line with the objective ofprotecting juvenile and preventing of juvenile delinquency. The measures that aremild and non-custodial have two advantages, one is to educate and improve juvenile,prompting them to return to a normal life, to eliminate unstable elements off them, theother is to protect the human rights of juvenile and avoid being unfair justice whichwill intensify their revenge, and exert adverse impact on society. The currentdisciplinary measures in China can not replace the penalty. It can be taken as asupplementary punishment under certain circumstances, and most belong to the scopeof administrative sanctions, and thus this system has obvious flaws referred to therelated agencies. Although there is no specialized and systematic provisions for theprotection action in China, but the content of the provisions on the protection arebasicly as the same as that in other countries. There is a base for us to learn from therelevant system of the extraterritorial.