Rethinking Mechanism Of Non Criminal Punishment Of Juvenile In China

The Juvenile delinquency rate has been rising annually as a consequence of the continuous progress and development of society,the fast-pacing of the urbanization process,people's over-pursuing of the material interests,parents' increasing living pressure and the negligence of the society and the family's attention to the minors.Achievements about juvenile delinquency have been made according to reports of foreign studies,in particular,from the legislative and judicial perspective.They have been exploring ways of applying the form of non-penalty punishment to prevent the juvenile criminals from committing crimes again.There are two main types of juvenile crime legislative mode at abroad: one is a kind of special legislation for juvenile crime just like the Juvenile law in Taiwan;the other is a separate system for juvenile delinquency in the national criminal code,such as the XIV part of the fifth chapter in The Criminal Law of Russian Federation.No matter what kind of mode has been adopted,these countries have systematically regulated the form of the minor crime with non-penalty punishment and provided a strong legal support for the judicial practice of the court.China has also constantly explored various methods for the prevention of juvenile crime,namely,promulgating a series of legal and judicial interpretations of minors and setting down a standard on the prevention of juvenile delinquency from the view of substantive law and procedural law.It can be acknowledged that the prevention of juvenile delinquency has made certain achievements and effectiveness domestically.However,there are many problems lying ahead and wanting to be solved about the juvenile delinquency and non-penalty punishment in legislation and judicature.Problems in legislation include the following: first,the punishment method is not systematic and lacks pertinence;second,the type of punishment method is not sufficient and lacks hierarchy too;third,the effect of penalty method is not obvious and lack of instructive meaning;fourth,the applicable conditions of punishment is often confused and enforcement rare.And there are several main problems existing in judicial practice too: first,the judge has not paid enough attention on it and the scope of application is narrow;second,coordination among the judicial departments is not sufficient too;third,the social propaganda is not in place and the involvement of the masses is relatively low.Thus,the author proposes that we shall adopt the method of non-penalty punishment so as to prevent juvenile offenders from committing crimes again,instead of adopting the punishment on juvenile offenders.This paper deals mainly with China's juvenile delinquency with non-penalty punishment.It is hoped that we can learn something from the more sophisticated system of other countries,and put forward some corresponding improvement suggestions in this thesis paper to promote the development of China's juvenile delinquency with non-penalty punishment,and solve some of the legislative and judicial issues about that in our country.