Research On Standards Of Imposing Penalty Of Juvenile Delinquency

As the Juvenile delinquency became a major concern in China, it hasincreasingly become one of the most serious social problems when it comes to thejudicature practice. Although the present regulations and principles and theirinterpretation have early established, the People’s Supreme Court issued TheAdvisable Guidance for Imposing Penalty (Advisable Guidance in brief mentionedbelow) in2010. Supreme Court, Supreme Procurator’s Office, Ministry of PublicSecurity and Ministry of Justice jointly published Trial Version of AdvisableGuidance for Regulation of Imposing Penalty subsequently. The Advisable Guidance,heralding the commence of criminal justice reform, in particular stipulated principlesof imposing penalty on15different kinds of common misbehaviors in details, whichwill further directs the practice of imposing penalty in criminal justice. However, thestandardization of imposing penalty for juvenile delinquency is still at fault. With thedeepening reform, some disagreements needed to be clarified turn out to be practicaldilemmas, demanding immediate guidance and settlement.Practically the regulation of imposing penalty for juveniles tends to be asystematic complex. Although the previous reform has achieved certain fruits, themisuse of discretionary power now are under regulation. However, whether the wayof imposing penalty is appropriate, and whether the particular case is proper or not,remain the focus of the argument. Consequently, imposing penalty in scientific wayplays a significant role not only in the prevention of juvenile delinquency, but also inthe comprehensive precautions. This paper starts with the status quo of thenormalization of imposing penalty on juvenile delinquency and elaborates the causesof juvenile delinquency, and furthermore proposes some basic ideas and improvementin procedure.The paper consists of three main parts. The first part briefly introduces the raisedproblem of the regulation of imposing penalty on juveniles. Lack of relativity, rigidityof imposing penalty procedures involved and miscommunication among different administrations are among the above-mentioned issues. Some are listed as follows,incomplete plots and ambiguity of terminology, reimbursement in sexual assault,excessive reliance upon Advisable Guidance and computers occurred frequently,including reduced unit fines and excessively restrained discretionary power etc.The second part analyses the3causes of the above mentioned problems. Amongthem, lack of legislative guidance, malpractice of individual judges and poor supervacation come out first. In the paper, the ignorance of malefactors and victims, lackof relevant guidance standard, diversified qualities of judges and their submission tothe authorities, administrative influence and many other factors are all to beillustrated in details.The third part, basing on the practical lessons learned home and abroad, targetsthe abovementioned problems and their causes and further concludes that theproposal of special chapter to guide imposing penalty which comprises of stipulatingguidance documents, regulating application standard, conducting self disciplineeducation and improvement of regulation procedures in the process of detection,prosecution and trial of juvenile delinquency.