Research On The Non Custodial System Of Juvenile Delinquency

At present,the minor crime has become issues of common concern to all countries in the world,while countries of crime minors disposal system all have their own characteristics,but for the minors of punishment,non-confinement measure have reached a consensus.Has "education based on minor crime,punishment subsidiary" thought,based on the claim as far as possible in the judicial practice to not divorced from social environment of the non-confinement measure of crime minors to correct,to avoid imprisonment for its various adverse effects caused by the ensure it can further normal resocialization.This paper consists of four parts:The first part is the analysis of the status quo and problems of the crime of non custodial disposal system for minors in China.This part briefly lists the types of China's existing non custodial measures and applicable to minors,found China's juvenile delinquency non lacks system in practice in the prison disposal measures,special provisions and the relevant supporting system is not perfect,so as to improve China's juvenile delinquency provides the basis for the non custodial disposal system.The second part is the connotation and value of juvenile delinquency non custodial disposal system is described.In China the concept of juvenile crime non custodial disposal system and no unified qualitative,therefore,the author expounds the control of juvenile crime connotation,non custodial disposal system the author believes that the juvenile delinquency non custodial disposal system should include two aspects:one is the non imprisonment punishment,mainly for 14 years old to 18 years old minors,according to the characteristics of physical and mental development of crime and the subjective and objective conditions determine the applicable type;two is the non penalty disposition measures aimed at 12 years old to 14 years old young minors,considering mining Behavior modification in the community help guide way.About the value of the system,this paper mainly through the investigation of 5116 prisoners and prison guards of the Shanxi Province,focusing on the implementation of the first age when the crime,family,education and punishment.The punishment,through the data analysis the non custodial measures can effectively reduce juvenile crime rate to the conclusion.The third part is the comparative analysis of domestic and foreign juvenile delinquency non custodial disposal measures.This part through to Germany,Japan,the United States,an overview of non custodial measures in Britain and China's Hong Kong and Macao,and found shortcomings in the mainland of China,the minor crime of non custodial disposal system,and according to the actual situation of the mainland area of our country from the excellent experience.The fourth part is the conception of perfecting the crime of non custodial disposal system of minors in our country.This part puts forward the "judicial protection of human rights" minor crime disposal concept,proposed to develop independent from the legislative level,perfect the juvenile non custodial disposal system legal system of crime,and should establish a scientific system of social investigation,complete community correction mechanism,perfect social assistance system and corresponding supporting system in order to protect minors can accept for their targeted help,finally realize the education and protection of minors.