The Criminal Regulation Of Making Use Of Minors To Commit Crimes

Minors are always protected and cared for in our country,both the criminal law and other laws or regulations have many lenient rules on minors.However,a large number of lawbreakers have taken advantage of this and used minors as tools for their own illegal and criminal activities.In this way,it not only causes serious social harm,but also affects the physical and mental health of minors.In view of this,the criminal law prescribes a large number of cases of juvenile delinquency,evaluating juvenile delinquency as a party to be exploited,thus providing a basis for its light punishment.At the same time,the criminal law also carries out a severe punishment of adults who instigate,deceive,induce and coerce juveniles to commit crimes,so as to ensure that the damages to the legal benefits can be borne by others.The first part of the article introduces the origin of the legislation of juvenile delinquency.For minor crime,the criminal policy of our country has carried on the targeted regulation,embodied in the criminal law,the criminal procedure law,the protection of minors,the prevention of juvenile delinquency and the judicial interpretation issued by supreme people's court and the supreme people's procuratorate,etc.The promulgation of these laws and regulations or judicial interpretation are based on the consideration of the interests of minors principle,so as to guarantee the substantive and procedural rights of juvenile delinquents.However,many adults have found the loopholes of the punishment,using minors to commit crimes to achieve their own criminal purposes.As minors are not penalized or given a lighter punishment,when they return to society,the adults can organize these people to carry out illegal and criminal activities again and again.Therefore,the criminal law carries out lighter punishment on minor crime,and,the party behind the minors was given a heavier punishment,so as to realize the reasonable allocation of the responsibility.The second part mainly interprets the theoretical basis of juvenile delinquency.The author believes that it is possible to provide doctrinal support for the use of juvenile crime from the perspective of the principle of bearing responsibility for one's own crime.The absolute responsibility principle was unable to apply to the current criminal law theory,people shall be responsible for some behavior that not committed by themselves,such as the unit crime and joint crime.Single punishment in unit crime and the principle of "part behavior but all responsibility" in joint crime seem toviolate the principle of responsibility principle,but after depth analysis,we will find both of them are the expansion of the absolute responsibility principle,or it is the legislative direction of criminal law to deal with the social risk.As a result,the unit employees share the guilt of the units,so does the accomplices.It's not the violation of the principle of responsibility.Similarly,between the adults using of minors and catspaws,due to the use of the dominant role of community of crime,the users should take more responsibility,which does not violate the principle of responsibility.what's more,it can arouse social effects,and provide a reasonable explanation path for the use of the doctrine of minor crime.The third part is to interpret the trend of juvenile delinquency.First,we should reduce the criminal responsibility of juvenile delinquents,and increase the measures of non-punishment and the tendency of light mitigation.Second,the criminal responsibility of the related adults shall be further defined,except for the using of minors to engage in illegal and criminal activities deliberately,the help of the minor crime punishment should be addressed.Furthermore,the criminal responsibility of the guardians needs to be determined.