Research On Legal Problems Of Juvenile Delinquency At A Low Age In China

The problem of juvenile delinquency is known as one of the "three major public hazards in the world ",and the problem of underage delinquency is more frustrating.In recent years,scholars have been studying how to deal with the problem of juvenile delinquency.But the controversy is endless and inconclusive.On this basis,the author draws lessons from the relevant provisions of extraterritorial juvenile justice in developed countries and regions.Basing on the long-term and focusing on the details,this paper points out the division of criminal responsibility age in China’s current law and some problems related to non-penalty penalties in dealing with the problem of juvenile delinquency for young people,that is,the author thinks that the age of criminal responsibility of our country is too high,to a certain extent condone the low age minor delinquency.At the same time,the non-penalty alternative measures for underage minors are imperfect,such as Reformatory education system,ordering parents or guardians to discipline and other measures don’t play the role of educational correction.Based on this,the author chooses the typical case for empirical analysis,proposes the appropriate reduction criminal responsibility age starting point in terms of necessity and feasibility,and draws lessons from relevant systems of juvenile justice abroad,improves the Reformatory education system and the parental discipline system in China to play an educational corrective role for young children.The article is divided into five parts: The first part mainly introduces the research background and significance of the topic,research status at home and abroad,research methods and innovations.The second part discusses the issues related to the crime of juvenile delinquency.The paper defines the three concepts of juvenile delinquency,age of criminal responsibility and criminal responsibility,and clarifies the relationship among them.It also discusses the difficulties our country faces in dealing with the problem of juvenile delinquency for young people.The third part is an empirical analysis of the juvenile delinquency in our country.This section,combining the typical cases of juvenile delinquency for young people,analyzes and demonstrates the criminal responsibility age system stipulated by China’s criminal law and the problems existing in education correction.That is,the starting point for the age of criminal responsibility is too high and educational correction measures are not perfect,which does not play a role in the correction of minors’ education.The fourth part is the investigation of the crime of juvenile delinquency in extraterritorial areas.This chapter mainly discusses and analyzes the relevant systems and measures for juvenile delinquency in juvenile justice in common law countries,civil law countries,and Hong Kong,Macao,and Taiwan.The fifth part puts forward some ideas for dealing with the problem of juvenile delinquency in our country.Firstly,the author analyzes the necessity and feasibility of appropriately lowering the lower limit of criminal responsibility;secondly,the author holds that educational corrective measures should be improved;finally,the author calls for the establishment of an independent juvenile justice system in China.