Research On The Application Of Probation System Of Juvenile Delinquency

The problem of juvenile delinquency has always been the focus of academic research.After the implementation of criminal acts of minors,not only to punish the criminal law,but also to strengthen the education of minors.With the“Criminal Law Amendment(h)" to make further modifications to the juvenile probation law,continuous improvement,probation as a non custodial sentence,plays an increasingly important role in the transformation of education on juvenile offenders.For juvenile offenders simply punish and strike and punishment of the imprisonment,will not only bring the negative effect on minors,cross infection and is likely to bring the prison,more serious,will lead to a minor crime again.Therefore,it is necessary to minimize unnecessary detention and criminal penalties,and constantly improve the probation system,improve the probation system applicable rate.In the background of constructing the society of the rule of law,the judicial protection of the minors adhered to the principles of "education,supplemented by punishment" principle,maximum education probation crimes involving minors,expand probation for juvenile offenders.which will bring huge impact growth.The paper is based on the real case in the judicial practice,to minors affray crime Lv moumou case,analysis the case,analysis the focus of controversy,and combined with the relevant evidence analysis of minors should apply the probation Lv moumou.This paper is divided into three chapters.The first chapter is the introduction of the case and the focus of controversy.The first section is the case statement,a brief description of the basic situation of the case cited.The second section is the main statement of the trial,the trial court opinion.The third section summarizes the controversial focus of the case that the defendant should be applicable to minors probation.The second chapter is the case analysis and the application of law.The first section is the legal provisions of probation for juvenile delinquency.The author of this section will be divided into two parts,one is China's criminal law on juvenile criminal probation and specific legal provisions,familiar with the laws and regulations in order to make the accurate judgment;the correlation analysis of minors in judicial practice for probation dispute,the focus of controversy in the clear judicial practice of probation,in order to better to solve the problem of application of probation.The second section is whether the defendant can apply probation.This paper is divided into two parts to write,from the defense that the probation and the court does not apply to probation in the two areas,combined with evidence and sentencing analysis.The third section is the analysis of the individual,through the specific evidence of the case and the application of probation standards,to express the author's views on the case.The third chapter is the thoughts and suggestions of the author,the author will be triggered by combined with the case of comprehensive assessment,carry on the thorough ponder and exploration of juvenile probation,and puts forward the author's suggestion,contribute to the application of juvenile probation in China.