Problems In The Implementation Of The Criminal Policy Of Juvenile Delinquency In China

In the context of Chinese Criminal law,juvenile delinquency refers to acts committed by minors who have reached the age of 14 and under 18 years of age and who are seriously socially harmful and violate the criminal law and should be punished.The crime of juvenile delinquency in our country mainly adopts the criminal policy of "temporary education and punishment as the supplement" and the combination of leniency and strictness.It has its specific implementation in both the legislative and judicial levels.Based on the analysis of the judgments of juvenile crimes in Y-city from 2013 to 2018,it is found that there are some problems in the legislative and judicial implementation of the criminal policy of juvenile delinquency in China.The implementation of the legislation mainly includes the age of criminal responsibility of minors is too high,the scope of relatively criminal liability cases is too narrow,the provisions of social investigation reporting system and character evidence are not perfect,etc.The main problems of judicial implementation are the imbalance of guiding ideology and specific principles.The generalization of probation is severely affected.In view of these problems,this paper proposes a perfect conception at the legislative and judicial levels in order to better play the role of criminal policy.