An Empirical Study On The Juvenile Delinquent Commutation System In China

Juvenile delinquency is a common social problem faced by various countries all around the world.The prevention and reform of juvenile delinquency has drawn more and more attention in all countries.The full text is divided into four parts.The first part introduces the purpose and significance of commutation of minor offenders,as well as the research results of juvenile offenders' commutation at home and abroad.The second part is based on the current application of commutation policy for juvenile offenders in practice.Through investigating the actual commutation of juvenile delinquents in juvenile correctional institutions in East China,this paper empirically studies the difference between the actual commutation procedures and adult offenders and the difference between juvenile offenders who have been commuted and those who have failed to get commutation in the evaluation of the content of confession and repentance in the transformation of quality assessment system.through data analysis,this article draws the following conclusions.First,before 1 January 2017,juvenile offenders are more likely to get a commutation compared with adult offenders,but there are nearly no differences between them from January 1.what's more,for juvenile offenders who have been commuted many times for a long term.the complexity in commuting sentence is the same as that of adults criminal.There is no dramatic differences in the scores tested in the evaluation of confession and repentance between juvenile delinquents and juvenile offenders who have not received commutation.The third part,based on the empirical research of juvenile offender's commutation system,reflects on the problems existing in the process of juvenile offenders'commutation.In the juvenile delinquency system,there are some problems such as the ambiguity of the broad principle,the dispute of the application of commutation and the unreasonable procedure of commutation.In the practice of juvenile delinquents,there are mechanical utilitarianism,the infringement of the rights and interests of juvenile criminals,and the difficulty of predicting the effect of commutation and education.Through reflection,the problem is attributed to the contradiction between the educational correction and the essence of punishment;the educational correction of the commutation is not clear enough;the system of commutation neglects the characteristics of the minors.The fourth part,focusing on the improvement of juvenile delinquents,puts forward that the goal of commutation should be changed to change the cognitive concept of juvenile offenders,to teach them to master life skills and to help them return to society.To improve the system of juvenile offenders' commutation system,we put forward a legal system for the construction of juvenile offenders' independent punishment,the standard of commutation of juvenile offenders,the improvement of juvenile penalty procedures,the establishment of a sound supervision mechanism for commutation of sentences,and the construction of a juvenile sentence reduction evaluation system.