Research On Non-penalization Of Juvenile Delinquency

The problem of juvenile delinquency has caused great attention all around the world. Froml899Illinois enacted the first juvenile act around the world, the system of juvenile justice has been erected in most countries. Nowadays the international trend prefers to protect the juvenile by using more alternatives to imprisonment, which means, the punishment to them becomes less harsh, decriminalization and non-imprisonment. Many countries treat the juvenile delinquency by expanding the use of non-penalization measures, which are helpful to reduce the pains and the adverse influence of the juvenile. After years of practicing and exploration, a large number of countries have successfully formed a special juvenile justice system by non-penalization measures. In China, due to a number of factors, the juvenile justice system did not successfully form a unified legal system and a unified judicial system. However,"the amendment to the criminal law" Ⅷ formally prescribes the community correction and the new revision of the Code of Criminal Procedure give us hope and a new direction to think. On the basis of analyzing some basic issues of the non-penalization disposition of the juvenile delinquency, this paper tries to construct a system of juvenile justice. And it is divided into four chapters:Chapter1:The two basic concepts juvenile delinquency and non-punitive dispositions are defined. Both in theory and in practice, these two concepts are widely cited. However, they are often misused. The word juvenile delinquency is often confused with juvenile delinquency and minors’ crime, non-penalization measures often mixed with the concept of non-imprisonment measures. This paper argues that juvenile crime includes not only in the narrow sense of juvenile crime, but also juvenile serious misconduct. In building the system of non-penalization, it should include serious misconduct of the juvenile. The court (juvenile court) can judge both of them. In the juvenile justice system, the non-punitive measures refer to the measures taken by the judiciaries, to the juveniles who commit the crimes but do not need to criminal responsibility or to the juveniles who need some collateral measures to correct. And as just mentioned, it applies to juvenile crime and juvenile serious misconduct.Chapter2:Investigate the specific measures of the foreign countries on juvenile delinquency, and form the common practice of these countries:First, they have specific legislation, and perfect system; Second, they have different kinds of measures and treat the juveniles differently; Third, the layers of the different measures are obvious.Chapter3:Make a through analysis of the rules about the juvenile delinquency in China. The criminal law regulates seven ways of non-punitive measures, include ordered to strict discipline, reeducation, admonition, a statement of repentance, apology compensation for damages, administrative penalties or administrative sanctions. Other law regulates the measures include strict discipline to send work-study schools, law and order punishment, reeducation through labor, compulsory detoxification. In procedure, the new revision of the Code of Criminal Procedure opens a special chapter provides special procedures for minors litigation, and regulates the new principles "education, persuasion, and save","education first, then punishment", which help to treat the juvenile differently. However, when comes to the judicial practice, these measures face the plight of values, designs and practical problems.Chapter4:Recommend building a system of juvenile justice by non-penalization measures. Based of the theories of the character of juvenile, traditional protection to minors, national protection and the modest of criminal law, this paper analyzes the function of non-penalization of juvenile delinquency. Then this paper finds this function is closely related to the mode of restorative justice. Under the restorative justice, it comes to the specific measures. According to the seriousness of the measures, the measures are divided to four categories:the warning penalties, the property criminal penalties, the social punishment, and the way to restrict freedom.