Empirical Study On The Application Of Probation To Juvenile Offenders

in recent years,the juvenile crime rate in China shows a serious trend of increasing year by year,and the types of crime show the characteristics of diversification.How to correctly apply the penalty to juvenile delinquents has become a hot issue in the theoretical and practical fields of criminal justice.With the continuous development of China's political,economic and democratic legal construction,the probation system in China's criminal law has been gradually improved,and has become a superior punishment system for the reform of juvenile delinquents,which plays a unique corrective effect in judicial practice.However,at the present stage,there are still many shortcomings and disadvantages in the application of probation for juvenile delinquents in China,such as the application conditions of probation are too strict,the application rate of probation is low,there are many defects in the application process of probation,and the supervision and inspection measures for the implementation of probation are weak.How to solve the above problems,make China's juvenile probation applicable to the relevant system to further improve and perfect,give full play to the probation education and probation function,is one of the important goals of China's current penalty reform research.This paper consists of four parts:The first part is the introduction.It mainly includes research background,research significance,research status at home and abroad,research ideas,research methods and innovation,etc.The second part is our country minor probation application overview.It mainly includes the concept and historical evolution of probation,the existing legal provisions on the application of probation for juvenile delinquents in China,and the value and significance of the application of probation for juvenile delinquents.The third part is the empirical analysis of the application of probation for juvenile delinquents in Hengyang city.In this paper,give full play to the local geographical advantages and the university I study in the internship units of Hengyang city intermediate people's court cases of minors comprehensive trial platform advantages,from 2015 to 2018 for nearly four years in Hengyang two levels of the juvenile criminal cases of the people's courts of justice data samples for analysis,combined with the actual situation of the juvenile delinquents probation applicable,analyzes our country present stage of the juvenile delinquents of probation is used and the main problems existing in the implementation process,It includes the defects in the application conditions of probation for juvenile delinquents,the insufficiency in the application procedures of probation for juvenile delinquents,the defects in the execution system of probation for juvenile delinquents,and the problems existing in the judicial organs in the application process of probation for juvenile delinquents.Then,in view of the above problems,from the legislative and judicial level to explore its causes,the main causes lie in the traditional concept of punishment,the existing legislative provisions of the defects,the internal system of the judiciary,the case judge's legal awareness and work habits,juvenile probation in the penalty awareness and other factors.The fourth part is the improvement of the juvenile delinquents probation applicable Suggestions,according to the article third part of the juvenile delinquents in the process of probation for the reality of the problems and its reasons,put forward how to solve the above problems,the related system perfected some feasible Suggestions,mainly including perfecting probation applicable condition of legislation and improve the juvenile probation program,optimization of juvenile delinquents probation for the execution of the system,the implementation of the supervision system of juvenile probationers,etc.,thus expanding probation applicable rate of the juvenile delinquents,standardize the purpose of the enforcement measures of probation,In order to give full play to the probation of juvenile delinquents education,reform functions.