Study On The Probation System Of Chinese Juvenile Offenders

With the development of society and the increasing perfection of the legal construction,China has made some achievements in the prevention and control of juvenile delinquency,but considering the concrete national conditions of our country,the situation of minor crime is still very grim.Minors' physical and mental development is not mature,they are easily influenced by the harmful factors in the society and hence become criminals.The punishment for juvenile delinquents profoundly affect their future growth and development,so we should pay more attention to their education,influence and rescue.Probation is a kind of the non-custodial penalty,it has the inherent advantages for juvenile offenders of education and reform.On the one hand,it can effectively avoid all kinds of damage of tough criminal penalties.On the other hand,according to the different and actual situation,it can create a more suitable environment for their education and transformation,making them return to society successfully,so as to achieve reforming juvenile offenders and preventing them to commit a crime again.The establishment of the juvenile probation system follow the requirements of our country's punishment principle,it includes the principle of the socialization of penalty,the moderate principle,the principle of education and the principle of complementary.In our country,Juvenile and adult probation system are similar,it did not take fully into account the special juvenile crime characteristics and personality characteristics,which can not satisfy the development of juvenile probation requirements.Chinese juvenile offenders probation applicable standard is strict,probation type is unitary,and there are some problems on the procedure of probation,investigation system and revocation system,which seriously hindered the scientific development of Chinese juvenile probation system.The main reasons for that is thoughts of Heavy Penalty,legislative defects and system problem.In order to implement the principle of lenient punishment for juvenile offenders,we have to make efforts in the following aspects to further deepen reform and improve the system:the perfection of juvenile probation system,appropriate to broaden the juvenile probation application conditions,establish a relatively specific juvenile probation applicable standard,establish and perfect the juvenile personality survey system,constructing scientific probation hearing system,improving the juvenile offenders on probation investigation system.Using a variety of ways to continuously reform and perfect Chinese juvenile probation system.