On China’s Crime Involving Minor Probation System Inquiry

The minor crime problem has been focused by the people, especially in recent years, with the development of society and economy, the minor crime problem is showing the characteristics of age more and more small, more and more high frequency, more and more types of crime. The minor crime different from adult crime, has his own characteristics and rules, based on this, the majority of countries in the world today for the juvenile criminals set up judicial protection mechanism of special, established for the juvenile offenders probation system of its own. However, at present the relevant provisions of the probation system of China, according to adult criminal probation in not on this issue, and not given special independent regulation, which makes the probation to the juvenile offenders on the body to play its due role. Indeed, criminal law amendment (eight) based on the original legislation on minors, refinement of the substantive conditions of probation probation implementation clear way, to the court probation of the free jurisdiction of certain restrictions. These legislative changes to improve the juvenile probation rate, change the court of minors criminal probation status inconsistency, improves the minor crime probation level. But in the cheers of legislative progress at the same time, we can not ignore the problems:in the applicable conditions of the probation, there are still not on juvenile offenders from adult offenders on probation conditions to distinguish juvenile criminals are too severe, abstract and difficult to apply the real problem conditions. In the procedure of probation, probation for the existence of compulsory measures and closely linked to limit the application of probation, conviction and sentencing together, lack of independent sentencing procedure, the problem of the lack of probation hearing procedure. In the probation applicable effect, lack of effective supervision system applicable to probation, coupled with the inspection system is not perfect and the implementation is not in place, greatly reduced the legal effect of juvenile probation and social effect. Here, this paper and further study on juvenile delinquency probation problems, expecting to improve the contribution of criminal probation system of China s juvenile own meager strength. The full text is divided into five parts:The first part is an overview of China’s juvenile probation of crime. In this part, firstly the concept of the probation system are described; secondly introduces the history of the probation system, so as to have a macro grasp and understanding of the probation system; third is to clearly define the standards on juvenile crime in our country, so as to lay a foundation for the following further study of juvenile delinquency probation finally elaborated on the crime; the problems of China’s juvenile probation value. The second part is the extraterritorial investigation minor probation problems of crime. This part mainly analyzes the typical foreign countries mainly the United States, Britain, Japan’s juvenile probation system of production, development and characteristics of mining experience, so the gains and losses, and with the relevant provisions of China’s current are compared, in order to explore the similarities and differences of them, so as to establish and perfect our country minor offender the probation system to provide theoretical support.The third part is from the legislative point of view, first introduced the existing legal provisions of China’s juvenile delinquency on probation, and on the basis of further analysis of the defects and deficiencies in the legislation of juvenile crime in China apply probation.The fourth part from the perspective of judicial practice, and combining the field investigation situation, elaborated our country juvenile crime probation which exists in the judicial aspect of the problem and its causes, so as to establish and perfect our country’s juvenile probation system to find the breakthrough point.The fifth part based on previous discussion, proposed our country not adult criminal probation for the perfect suggestion. Combined with the legislative, judicial status in China and the significance of value to the minor crime probation, reference foreign related juvenile probation system, juvenile probation system in our country’s establishment and application should be distinguished from adult offenders on probation system, to clear the non adult crimes probation for standards, establish a set of practical and feasible without danger of adult prisoners evaluation mechanism, regulate the relevant procedures, the establishment of specialized institutions and perfect inspection inspection system related.