The Design Of Indeterminate Penalty In The Treatment Of Juvenile Offenders In China

The system of Indeterminate Penalty originated from the criticism of the old school(the criminal-human school and the criminal-sociological school),which is the emphasis of the education penalty and the individualization of the penalty.The performance is not to determine the specific free penalty execution period,but to determine the final sentence according to the degree of improvement of the prisoners 'sentences.For hundreds of years,indeterminate penalty has been widely promoted in the world prison system and have been neglected since the return of punitive doctrine in the 1970 s.Treatment of indeterminate penalty,should be treated dialectically,the absolute indeterminate penalty(no upper limit and the lower limit)obviously with thecrime and punishment of the Law and the principle of adaptation against the worldview,be abandoned is inevitable.But the relative indeterminate penalty(the upper limit and the lower limit of the sentence)is the embodiment of the legal penalty,and after the establishment of the "Criminal Affairs Committee",the final sentence is determined not by the execution organ,so there is no excessive interference from the administrative power to the jurisdiction.More importantly,the indeterminate penalty manifests the obvious punishment and the education influence color,and the juvenile judicature natural conformity,therefore we can see,even if the indeterminate penalty in the adult penalty end is disposed of,but always retains the survival soil in the minor group and is widely applicable in Japan and other countries.After more than 30 years of practical exploration,juvenile justice in China has achieved remarkable results,and has a solid foundation for the application of indeterminate penalty.In the2013,the Sanming Intermediate People's Court of Fujian Province took the lead in the pilot work of our country's indeterminate penalty,and the experience and difficulty coexist in four years.To promote indeterminate sentence nationwide,the necessity and feasibility of application need to be proved again,and facing the double test of legislative perfection and judicial connection,this not only requires the promulgation of the independent Juvenile Law,the matching modification of relevant criminal laws and regulations,but also requires the expansion of the functions of public security,no inspection and less examination in judicial practice “Prison system Improvement”.