The Theory Of Legislation Perfection Of Punishing The Crimes Of Juvenile Delinquency In China

The protection of minors is the government and social responsibility recognized by our country and the whole international community,and the protection of minors from sexual abuse is the most important part of the protection of the rights and interests of minors.In recent years,more and more sexual violations of minors have been exposed,making this crime a huge black number of types of crime caused wide attention and discussion of the whole society.From the angle of criminal law,the behavior of sexual infraction of minors should be included within the scope of the criminal law,which has been reflected in the provisions of the criminal law from the beginning of the 97 criminal law.Since the founding of new China,the criminal law circle and the practical session have been working to strengthen the protection of the sexual rights of minors and improve the legislation of punishing juvenile delinquency.From the perspective of the generalized criminal law,besides the criminal law texts,relevant legislative and judicial interpretations have been issued by the legislature,the two senior ministries and relevant ministries.In recent years,the most important and component related laws and regulations have two high,two departments in 2013,"the opinion on punishing juvenile delinquency according to law"("opinion")and the "amendment nine of People's Republic of China criminal law",which was formally implemented in 2016,respectively,from specific convictions.From the perspective of penalty rules and types of crime system,we should improve the existing legislation to punish juvenile delinquency.Of course,the two supplementary regulations are still limited in terms of giving full play to the impartiality of the penal code and the prevention of utility.There are still some deficiencies in the system of criminal law,the whole national legislative system and the identification of criminal behavior in the relevant legislation of the whole system of punishment and protection.Put forward relevant suggestions.The specific contents of this article are as follows:The full text is divided into five parts.The first part is the introduction,which mainly describes the research background and research status of this topic and related academic issues,and the significance of this topic.In the second part,the present situation of juvenile delinquency in our country is summarized,including the discrimination of related concepts of sexual infraction of minors,the analysis of the current status of juvenile delinquency in China and the relevant provisions of criminal law on juvenile delinquency in our country.The third part expounds the shortcomings of the legislation of punishing sexual offense in China from three aspects:the conflict between the existing legislation and the regulations of the high order law,the inaccuracy of the identification of the violations and the incomplete legislative system.The fourth part puts forward the idea of perfecting the legislation of punishing juvenile delinquency in China,respectively from the experience of comparing the other countries and Hong Kong,Macao and Taiwan areas,the specific content of protection and the promotion of synergistic legislation.The fifth part is the conclusion,which indicates that the basic position and starting point is to oppose the expansion of the criminal law,although it advocates further perfecting the legislation of penal punishment against minors in our country.The above proposal only hopes that the legislature will make amendments to the existing criminal law or introduce the corresponding judicial explanation to improve the existing criminal law.