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A Study On The Decline Of Juvenile Delinquency

Posted on:2018-10-07Degree:MasterType:Thesis
Country:ChinaCandidate:S Q WuFull Text:PDF
GTID:2346330536469169Subject:Law
Abstract/Summary:PDF Full Text Request
Minors are the future of the country,the hope of the nation.However,during the rapid social transformation,China has showed a rising trend of the sharp social contradictions and juvenile delinquency.Therefore,it becomes a necessary and urgent task to prevent and reduce juvenile crime,which needs the joint efforts of the whole society as a systematic project.This article,from the perspective of the label theory,has a research on juvenile delinquency suspension for decriminalization,with the purpose of protecting minors in the maximization and preventing and reducing juvenile crime.According to the label theory,the criminal label is not conducive to the minors' transformation.If the juvenile was convicted of imprisonment,he will always be labeled as a criminal label,which will produce a bad affection on his whole life.In spite of the common with other crimes,Juvenile delinquency,a slight form of crime,should be separated for the special subject.The special protection of minors has become a common concept for the modern countries,with its high priority to wide range and the ultimate goal of protecting minors.The improvement and perfection of criminal law should follow two developing patterns of criminalization and decriminalization.Today the punishment of criminal law tends to be light and slow globally and decriminalization is in line with the general developing trend of criminal law.Decriminalization should not only be a judicial idea but also a judicial practice.The development of decriminalization depends on the support of legislation and the practice of justice.The suspension of juvenile delinquency being excluded from the criminal circle with the support of the concept of decriminalization accords with the current leniency nature of Chinese criminal policy and the need of construction of harmonious socialist society.From the perspective of the label theory,juvenile delinquency is put forward in this paper.Under the support of the idea of decriminalization,juvenile delinquency is not only a general legal basis,but also a specific legal basis and the realistic basis of judicial practice.The minor crime discontinuance of decriminalization could narrow criminal scope,save judicial resources,avoid the crime label,reduce the two cross infection and highlight the judicial warmth.It also has a great significance of offering young criminals another new start.How to realize the minor crime discontinuance of decriminalization,as the important and difficult aspect of the paper,includes three paths: criminal substantive law and criminal procedure law and the effort of social practice.In order to achieve the crime of juvenile delinquency and to prevent and reduce juvenile crime,judicial practice should be focused on,discretionary non-prosecution system and criminal reconciliation system should be improved,non-prosecution system should also be introduced.
Keywords/Search Tags:label Theory, Juvenile Delinquency, Discontinuation of Crime, Decriminalization, Approach
PDF Full Text Request
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