Reflection On The Light Punishment Of Juvenile Delinquency

As one of the outstanding global problems,the problem of juvenile delinquency has attracted extensive and sustained attention of the whole society in recent years.Juvenile delinquency cases emerge in an endless stream in China,including many malignant cases.The purpose of this paper is to explore how to weaken the tendency of light punishment of juvenile delinquency so as to effectively prevent and control juvenile delinquency.The research methods adopted in this paper include literature research,typical case study,quantitative study and experience summary.The structure of the article is as follows:The first chapter mainly introduces the research status quo,which involves two aspects.One is the analysis of the trend of juvenile delinquency.Second is the attitude of courts and procuratorates in dealing with juvenile criminal cases.About the trend of juvenile delinquency,by listing real cases,data released by the Intermediate people's court in Beijing and authorntative judicial data released by the Supreme people's court,it can be seen that the means of crime are violent,adult and cruel and crnminals are younger in age.Then,this paper lists the real data of juvenile crnme cases handled by the procuratorate of city Y.From 2014 to 2016,nonprosecution rate are 19.7%,19.69%and 32.18%respectively.The number of cases in which the court sentenced juvenile offenders to freedom penalty accounted for 21.79%,11.59%,26.92%.While the data is volatile,but they are less than 27%,it can be seen that even in the juvenile delinquency situation is not optimistic at present,the court and procuratorate are prefer to give a lighter sentence.The second chapter of this paper analyzes the causes of the juvenile delinquency light punishment.Judicial workers insisted that take law as the criterion,so the causes usually start from the legal.Through analysis,this paper believes reasons are as follow.Firstly,the academic circle and judicial workers' interpretation of the criminal policy is too light.Secondly,the law emphasizes too much on the particularity of juvenile delinquents and the protection of their rights,but fails to pay enough attention to juvenile victims who are more vulnerable and need legal protection.The third chapter is about the development of juvenile justice system in America and Japan.At the beginning,the United States insisted on the protection of minors,until the 1980s,the juvenile crime rate rose sharply,and there were even school shootings.The United States turned to severe punishment,and even today the concept of severe punishment is still kept in the American law.Different to the United States,the juvenile justice system in Japan mainly focused on punishment at the early stage.After the second world war,Japan was forced to change the law to favor protectionism.However,in the 1990s,the problem of juvenile delinquency in Japan worsened and a new round of legal reform was promoted,which reflected the trend of severe punishment.It can be seen from the changes ofjuvenile justice systems in the United States and Japan that protectionism alone is not feasible in preventing and controlling juvenile crimes.Protection and severe punishment should be combined.Although China is not a complete protectionism but clearly inclined to protectionism,the problem of light punishment is serious and should be paid attention to.The fourth chapter of this paper puts forward the countermeasures to the problem of light punishment of juvenile delinquency in China.This article thinks we can start from 4 respects.The first is to return to the standard interpretation of the criminal policy.Age is not an excuse to avoid legal responsibility,appropriate punishment is a rational protection.Secondly,it is necessary to balance the protection of the minor victims and offenders from the substantive rights and procedural rights to weaken the tendency of light punishment.The third is to draw lessons from the Japan and United States to establish a case diversion system suitable for China.Finally,by perfecting non-criminal punishment measures to control juvenile crimes.