Study On The Question Of Measurement Of Penalty Of Juvenile Criminal Offence In China

Juvenile delinquency is one of the three major public hazards of the United Nations,and it is also a common problem facing all countries in the world today.Juvenile delinquency has certain particularity relative to adult crime because of the age of criminal responsibility and the ability of criminal responsibility.Therefore,how to correct juvenile delinquency in judicial practice can also play a certain role in social demonstration,in order to prevent the frequent occurrence of juvenile delinquency,has become a major practical dilemma and key issue in the field of judicial practice in China.Sentencing is a link which cannot be ignored in criminal trial.The sentencing of juvenile delinquency directly affects the future physical and mental health of minor growing and living.Therefore,the study of juvenile sentencing system is extremely important.In juvenile delinquency,we should do legal and reasonable sentencing,and not only consider the restoration of the social relations broken by minors,but also consider the quality education of minors and the prevention of reoffending of minors.Although our country has paid attention to the criminal policy of juvenile crime sentencing and the principle of sentencing should be adhered to,in the process of judicial practice of juvenile delinquency,there are often problems such as excessive discretion of judges or obvious regional differences in the same case,and the lack of precision control of juvenile crime sentencing standards control.Besides,due to the immaturity of juvenile mind and limited cognitive ability,there are great differences and particularities in the field of juvenile delinquency.Therefore,how to carry on the precise punishment to the juvenile crime has become an indispensable subject in the absence of specialized system standardization.How to show the particularity and difference of juvenile criminal group in the discretion of criminal law.It is also the focus and focus of judicial practice and practical operation research on whether it can reflect the lenient spirit of juvenile criminal policy and judicial system in our country.This paper chooses the basic situation of juvenile crime sentencing in Z city and S city in the form of investigation report,and takes the basic court of Z city and S city as the empirical research object.This paper takes the perspective of the criminal entity law as the basic point,and investigates whether the juvenile crime criminal discretion of Z city and S city achieves the precise control and standardization from the perspective of the criminal entity law.The application of criminal law for juvenile delinquency in Z city and S city conforms to the lenient criminal policy of juvenile delinquency in our country,and puts forward some suggestions according to the research data and results.The first chapter is a general overview of the literature on juvenile delinquency The introduction of the present situation of the investigation of juvenile delinquency sentencing in Z city and S city lays a foundation for the analysis of the actual predicament of the criminal sentencing of minors in Z city and S city.The third chapter expounds the problems found in the investigation of juvenile delinquency sentencing in Z city and S city and analyzes the reasons,through the analysis of the present situation of the second chapter and the present situation of judicial practice,comprehensively analyzes the lack of security in the application of the law such as the minor crime sentencing information and the circumstances,or the heavy punishment of the minor crime in two sample cities,and the different sentences and the non-custodial punishment,etc.It is found that the basic courts of two sample cities lack accurate control on the circumstances of the crime of juvenile production penalty,and the application of juvenile criminal law has failed to reflect our country's lenient criminal policy.The fourth chapter puts forward the research strategy and improvement measures for the judicial plight embodied in the investigation results,and provides the theoretical basis for the necessity of this improvement from the special principle of juvenile crime sentencing and the basic theoretical basis of the criminal law of our country on juvenile crime sentencing.Follow-up on findings The problems of judicial practice and the causes of it are matched with the basic situation of judicial practice in the city,and it has practical operation and targeted improvement measures.