On The Criminal Treatment System Of Juvenile Drug Crimes

The drug crime rate of minors in China is increasing year by year and presents new characteristics and trends with the rapid development of society and economy and the rapid progress of science and technology.At present,the problem of juvenile drug crimes in China has become increasingly prominent,and gradually erodes the healthy development of teenagers.Therefore,the criminal treatment of juvenile drug crimes in China has been widely concerned by experts and scholars,and more and more attention has been paid to the prevention and punishment of juvenile drug crimes.At the same time,the theoretical level of the criminal treatment system of juvenile drug crimes has also developed and improved to varying degrees.However,the criminal treatment system for juvenile drug crimes has not yet been effectively established because juvenile justice in China is not mature enough.Some treatment measures and treatment mechanisms have been indiscriminately applied to drug-related minors,resulting in a high recidivism rate of drug-related minors,cross-infection with other prisoners,diversification of recidivism types,and other phenomena.At present,the criminal legislation of all countries in the world is based on the protection of drug-related minors,and the criminal punishment of juvenile drug crimes has been improved day by day.However,criminal punishment is only the last resort,not the most effective.Drug-related minors generally have a high recidivism rate after receiving severe criminal punishment.At the same time,the relatively severe imprisonment penalty is not ideal for the reform and prevention of juvenile drug crimes.This thesis analyzes the shortcomings of a penalty and non-penalty punishment in the criminal treatment of juvenile drug crimes in China by combining the psychological and physiological characteristics of drug-related minors.This thesis makes a systematic analysis and in-depth discussion on the criminal treatment system of juvenile drug crimes in China by referring to the legislation and judicial experience of foreign countries on the criminal treatment system of juvenile drug crimes,based on learning from the user experience and combining with China’s actual national conditions.Finally,the penalty and non-penalty system for juvenile drug crimes in China can be improved by establishing a reasonable criminal treatment system for juvenile drug crimes,perfecting the penalty punishment methods for drug-related minors,and broadening the ways of non-penalty punishment measures,such as establishing a security punishment system,strengthening the parental education of drug-related minors,etc.To realize the dual protection of drug-related minors and social order,it shall effectively control and prevent juvenile drug crimes,and maintain social stability and harmony.The framework of this thesis is as followsThe first part,the introduction,mainly introduces the research purpose,significance,and methods of this thesis.The second part discusses the basic theory of the juvenile drug crime criminal treatment system,through the accurate definition of the juvenile drug crime criminal treatment system,and elaborates the "broad" criminal treatment system and the "narrow" criminal treatment system,which shall have a correct understanding of the basic concepts.At the same time,this thesis demonstrates the necessity and significance of perfecting the criminal treatment system of juvenile drug crimes through the analysis of the characteristics and harmfulness of juvenile drug crimes.The third part discusses the current situation of criminal treatment of juvenile drug crimes in China and makes a complete exposition of the existing relevant legislation and judicial interpretation.This thesis makes an in-depth discussion on the shortcomings of penalty punishment and non-penalty punishment of drug-related minors in China through the existing theoretical basis combined with practice,to pave the way for the following countermeasures.The fourth part discusses the current situation of foreign legislation and draws lessons from it.Starting from the two legal systems,this thesis demonstrates the current criminal treatment systems of juvenile drug crimes in Britain,the United States,Japan,and Germany.The good judicial practice effect has been achieved in the criminal treatment system of juvenile drug crimes by introducing the advanced experience of foreign legislation and judicature on juvenile delinquency.From this,we can find a direction suitable for China’s reference,and provide a blueprint for improving the criminal treatment system of juvenile drug crimes in China.The fifth part discusses the specific ways to improve the criminal treatment system of juvenile drug crimes in China.The specific methods of penalty punishment and non-penalty punishment for juvenile drug crimes can be improved through the above analysis of the defects of the criminal treatment system of juvenile drug crimes in China,and the research reference of the mature criminal treatment system of juvenile drug crimes abroad.A specific path suitable for the criminal treatment system of juvenile drug crimes in China can be selected by clarifying the concept,constructing the system,and perfecting the ways of a penalty and non-penalty types.