Minors Punishment Special Protection System Research

Minors are the future of the country and the hope of the nation.Minor crime is a serious social problem existing in almost all countries in the world.The situation of Minor crime in China is also very serious.The Party and the state have always attached great importance to the judicial protection of minors,and the whole society is very concerned about the judicial protection of minors.Since the 18 th National Congress of the Communist Party of China,Protection Of Minors Act and The Prevention Of Minor Crime Act has been successively amended.Under the background of the principle governing the country according to law,it is very necessary to reform and improve the current criminal system of minors in our country.The system of minor penalties is an integral part of the system of criminal penalties.However,in our country,there is no obvious difference in the type of penalties,penalty discretion and penalty execution between minors and adults.Therefore,based on the characteristics of minors,it is reasonable to distinguish the penalty system from that of adults to give special protection to minors.The full text is about 21,000 words.Except for the introduction and conclusion,the text is divided into three parts.The specific content is as follows:The first part expounds the basic theory of the special protection system for minor crime,and mainly analyzes the theoretical basis,the necessity for its establishment,and the principles that should be followed to establish a special protection system for minor penalties.The second part mainly introduces the specific application of minor criminal penalty special protection system in judicial practice,and analyzes the protective legislative provisions and content of current criminal law and criminal procedure law in China against minor penalty system.The third part analyzes the existing deficiencies and measures to perfect it of the current minor criminal special protection system in combination with the current status of criminal legislation in China.The author advocates that minor criminal cases should be strengthened with probation,and the regulation of community corrections for minoroffenders should be strengthened.To perfect the closure of minor crime records by the elimination system of minor criminal records,the judicial and administrative organs have the obligation to keep records of criminal records.It should also make specific demands on other entities that should perform confidentiality obligations.To improve the conditional non-prosecution system for minors,it is necessary to comprehensively consider the situation of minor criminals' suspects.In case of special cases,the limitations that the conditional non-prosecution system provided for in Article271 of the Criminal Procedure Law can only be applied to Criminal Law Section 4-6 can be broken.Establishing a special penalty system for minor offenders is beneficial to protect the legal rights of minor offenders from infringement,and create opportunities for minor offenders to start with a clean slate and reintegrate into the society.