Research On The Leniency System Of Juvenile Delinquency

In recent years,the high incidence of juvenile delinquency has not only brought great harm to individuals and families,but also caused many unstable factors to society and the country.It also reveals that there are some defects in the judicial system.The traditional penalty system aiming at combating crime has not realized the educational reform of minors.Moreover,when discussing the juvenile's criminal responsibility and the application of penalty,the theoretical circles of criminal law in our country are studying under the framework of adult criminal law theory,and the relevant provisions of criminal law are basically in a marginal and submerged state.Although China's criminal policy towards minors has always been based on the principle of "giving priority to education and supplementing punishment",the corresponding leniency system is not mature,resulting in a gap between what should be and what is.The study on the leniency system of juvenile delinquency in this paper can remedy the above shortcomings and contribute to the construction and perfection of juvenile criminal law.This article mainly discusses from the following parts.The first part is the introduction,which mainly introduces the background and significance of this topic,literature review and research methods.Under the background of the high rate of juvenile delinquency and the insufficient initiative of the existing judicial system in education,correction and prevention of juvenile delinquency,the study of juvenile criminal law can not only provide some help for juvenile delinquents,but also provide a valuable reference for the development of mitigation of punishment.Academic research on the penalty system of juvenile delinquency focuses on the mitigation of the penalty system,mainly in expanding the application of non-imprisonment punishment;the research on community correction system focuses on legislative improvement,staffing and correction projects.However,although the community correction system is constantly improving,duing to the limitations of the pre-conditions,the scope of people who can be included in community correction is small,such as expanding the scope of application of probation,which will be more conducive to the community correction system to play an educational transformation function.The second part is an overview of the leniency system of juvenile delinquency,mainly from the related concepts,evolution,development and preconditions.This kind of leniency system runs through the whole process of criminal proceedings,from case filing and investigation to the establishment of the protection system for prisoners.Since ancient times,our country has the virtue of compassion for children.The idea of compassion for punishment has been followed from Shangshu to the present.Under the background of light punishment and the idea of state paternity,we should leniently deal with those juvenile delinquencies with clear facts and sufficient evidence,so as to realize the care and help of juvenile delinquents.The third part compares the leniency system of juvenile delinquency between China and foreign countries,mainly introducing the relevant provisions of our criminal law and the juvenile justice system of two developed countries,the United States and Canada.The relevant provisions of China's criminal law on juvenile delinquency include only the age of criminal responsibility,the inapplicability of death penalty,non-recidivism,declaration of probation and exemption from criminal record report.The juvenile justice system in the United States and Canada is relatively independent in legislation,organizational structure and staffing.It transcends the adult criminal law and is full of human concern.The purpose of comparison is not to blindly worship foreign superior systems,but to provide some experience for the establishment of relevant systems in China.The fourth part is the value analysis of the leniency system of juvenile delinquency,mainly from the aspects of criminal policy,criminal legislation,criminal justice and criminal law reform.Our country adheres to the criminal policy of Combining Leniency with Severity,and the study of the leniency system for juvenile delinquency does not violate the requirements of criminal policy.Since there are few regulations on juvenile delinquency in China,this study can provide some suggestions for improving criminal legislation.In criminal justice activities,the restriction of judicial discretion restricts the lenient punishment of juvenile delinquency to a certain extent.The study of this system can conform to the trend of the reform of criminal law in the direction of decriminalization and depenalization in the international community.The fifth part is about the current situation and problems of the leniency system of juvenile delinquency in China,which are mainly reflected in the deviation of criminal policy response,the offside of the means of criminal law regulation and the insufficiency of procedural relief.The application of juvenile delinquency penalty in our country shows the characteristics of single structure,low rate of probation and vacancy of discretionary circumstances.It is still mainly to combat crime by imprisonment,and the function of education reform is not obvious.For cross-category civil and criminal cases,we should strengthen that criminal law is the guarantee law of other laws,and try our best to deal with non-criminalization and achieve the conclusion of the case.After the abolition of the reeducation-through-labor system,the criminal law tends to expand to public security management,which is contrary to modesty.Procedural relief is limited by its own procedures,such as pre-trial detention restricting the flexibility of short-term free punishment,conditional non-prosecution restricting conditions,which has a certain impact on the lenient treatment of juvenile delinquency.The sixth part puts forward some suggestions on perfecting the leniency system of juvenile delinquency,mainly from two aspects of criminal legislation and criminal justice.In the aspect of criminal legislation,we can reduce the application of imprisonment for juvenile delinquency by raising the upper limit of criminal responsibility age,extending the scope of probation to fixed-term imprisonment of less than five years and increasing the upper limit of life imprisonment.In criminal justice,we can relax the discretion of criminal justice,reduce the use of arrest measures,add a system of suspension of sentences,establish a system of commutation and parole applicable to juvenile offenders,and strengthen the protection of prisoners.