On Parole Of Juvenile Offenders

There is no provision in China's law regarding the application of parole for juvenile offenders.Only relevant judicial interpretations can be made in accordance with the provisions of the relaxation of adult offenders.Due to the lack of specific provisions in judicial practice as a guide,the application rate of juvenile offenders in China is low.There are two main problems in juvenile offenses in China:on the one hand,the legal provisions on juvenile offenders in China;on the other hand,how to apply juvenile offenses in judicial practice.The former's problems include the fact that the law does not stipulate that juvenile offenders are parole,the probationary provisions of the criminal law should not apply to juvenile offenders,the cumbersome procedures for parole and the revocation of parole are too harsh for juvenile offenders.The latter's problems include the psychological impact of parole due to the juvenile offender's own "benefit and avoidance".After the parole,the juvenile offender has been affected by the lack of professional community corrections staff and community corrections programs that are suitable for juvenile offenders.Execution work.The fundamentals of juvenile offense include the particularity of juvenile offenses and the application of principles.The particularity of juvenile offense can be derived from two angles.One is the particularity of juvenile offenders,which is mainly reflected in the speciality of juvenile offenders' physical and mental development,the juvenile offenders having strong plasticity,and the juvenile delinquents.Factors and educational factors have a greater impact.Second,the transformation of juvenile offenders has special characteristics,which is reflected in the fact that long-term imprisonment has great disadvantages for juvenile offenders.Therefore,the reform of juvenile offenders should be more prominent in correcting and buffering.In addition,juvenile offenders must follow certain principles.The principle is mainly embodied in the principle of tolerance as the value,adherence to"education-based,punishment-assisted",the implementation of the "probation,salvation,care" principle and the principle of criminal law and moderation.According to the above arguments,it is necessary to distinguish juvenile offenders from parole for adult offenders,and there is a certain lack of legislation in our country,which should be improved according to the principle of juvenile offense.Corresponding suggestions for the provisions of juvenile offender parole and applicable problems are proposed respectively.The improvement of the applicable conditions for juvenile offenders includes the requirement to increase the provision of juvenile offenders and the negative conditions of parole to prohibit the application to juvenile offenders.The optimization of the parole process mainly includes:increasing the subject of the parole request,establishing the juvenile parole board and conducting the juvenile offense hearing.Advising and amending the discovery of new crimes and revocation of relevant laws and regulations.The perfect suggestions for the application of juvenile offenders in China mainly include improving the procedures and execution of juvenile offenders.The improvement of the pre-parole reconstruction method can be achieved by reforming the educational concept of juvenile offenders and establishing a juvenile offender assessment mechanism.For the correction of juvenile offenders,it is possible to establish a special social correction department,establish a mutual assistance mechanism,establish a team of community help volunteers,enrich community correction programs suitable for juvenile offenders,and strengthen family education.