Research On The Legal Issues Of Non-custodial Sentences For Juvenile Delinquency

In recent years, the situation of Juvenile Delinquency in China is not optimistic. The controlling and prevention of Juvenile Delinquency have a close relation to the country's juvenile growth and it also plays an important role in social stability and development, which is the basic problem to be solved in building a harmonious society. There is a huge difference between Juvenile Delinquency and Adult Crime. By non-imprisonment punishment, juvenile with applicable conditions can avoid imprisoning as far as possible, having a positive significance in transformation of juvenile crime.From the current law in China, the Juvenile Justice System has made an overall framework, but the system is still not perfect, which exists a series of problems:there is no specific law for Juvenile Delinquency and the non-imprisonment punishment system; the application rate of non-imprisonment punishment for juvenile criminal cases is very low; the non-imprisonment punishment type for juvenile criminal cases is still limited; People and judicial organs still don't have a deep understanding about the application of non-imprisonment punishment in juvenile delinquency; The supervision of non-imprisonment punishment is difficult to implement and so on. The existence of these problems impedes the application of non-imprisonment punishment for juvenile delinquency in China, and also makes the juvenile criminal policy of "education given priority to punishment supplemented" cannot be well implemented. In this paper, by introduction of Juvenile Delinquency and the non-imprisonment punishment theory and learning from foreign advanced experiences, we combined with the current development of non-imprisonment penalty for juvenile delinquency in China and proposed several counter-measures to complete the application of non-imprisonment punishment for juvenile delinquency, establishing perfect non-imprisonment punishment system with characteristics suitable for the development of juvenile in China.This paper is divided into four parts. The first part mainly elaborated the basic idea about juvenile and non-imprisonment punishment. The second part analyzed the current situation and problems of the application of non-imprisonment in China. The third part introduced the application of non-imprisonment punishment on Juvenile Delinquency and summarized the experience of the use of non-imprisonment. The fourth part put forward the countermeasures.