Font Size: a A A

Research On The Issue Of Juvenile Criminal Responsibility

Posted on:2022-02-15Degree:MasterType:Thesis
Country:ChinaCandidate:B X GuanFull Text:PDF
GTID:2516306335462074Subject:legal
Abstract/Summary:PDF Full Text Request
Minors are an indispensable group for social development.The growth and development of this group is related to the future of the country and the progress of society as a whole.This special group should be paid attention to.The problem of juvenile delinquency in my country has become more prominent with the rapid improvement of the economic level and the expansion of the Internet audience.The rapid development of new media has enabled the public to understand social hot spots in real time.The frequent occurrence of vicious criminal cases of young minors has caused the society The public is concerned about the criminal responsibility of minors.In recent years,with the continuous deepening of the theoretical research on juvenile crimes in our country,related legislation and judicial practice have also developed.The theoretical and practical circles have continuously emerged about the age of criminal responsibility for juveniles,which has also aroused people's concerns about juvenile crimes.Thinking of the criminal responsibility of the person.To prevent juvenile delinquency,corrective education for juveniles is the top priority.my country's current legislation on juvenile criminal responsibility is relatively scattered,and the penal system for juveniles is not sound enough.There are certain problems in the types of penalties,the application of penalties or non-penalty measures,and targeted improvements are needed.Starting from the basic concepts of juvenile delinquency and the age of criminal responsibility,this article attempts to make a brand new understanding and interpretation of the development status of juvenile delinquency in our country and the deep-seated legal reasons behind juvenile delinquency under the background of the new era.In particular,this thesis will make full use of the existing institutional framework and theoretical resources.On the one hand,it will base on local judicial practice,sort out and analyze the relevant legal regulations and judicial practice of our country,and find out its existing defects,such as criminal responsibility.Defects in age setting,imperfections in the application of penalties,imperfections in types of penalties,etc.On the other hand,it is necessary to learn from the characteristics of the criminal liability system of minors outside the territory,to address the problems found,to learn from the unique features of its legislation and justice,and to combine my country's basic national conditions to target the age of criminal responsibility,penalties,and types of penalties.In order to improve the criminal liability of minors in our country,we put forward suggestions for improvement in several aspects.The first part of this article is "the basic theory of juvenile criminal responsibility".This part first clarifies the two basic concepts of "juvenile"and "juvenile delinquency",and provides a perspective of my country's"juvenile criminal responsibility system" from the perspectives of theoretical research and judicial practice.Laid a relatively refined conceptual foundation for the following research.The second part is "the current status and existing problems of the legislation on the criminal liability of minors".This part mainly analyzes the provisions on criminal liability of minors in the Criminal Code and criminal policies,and finds that the age of criminal responsibility,types of penalties,penal application,There are deficiencies and problems in non-penal punishment measures,such as the setting of the age of criminal responsibility,the adaptation of property penalties,and the application of lighter and mitigating penalties.The third part is the "Extraterritorial Investigation of Juvenile Criminal Liability and Its Enlightenment to my country",which explores the development of legislation and judicial changes related to juvenile criminal responsibility in the United States,Britain,Japan,Germany,and China's Hong Kong?China's Macao and China's Taiwan.Exploring the useful experience among them,we can draw lessons from some excellent systems in light of my country's national conditions.The fourth part is "Considerations on Perfecting Juvenile Criminal Liability".This chapter proposes corresponding countermeasures based on the related problems and challenges summarized in the previous article.In other words,the construction and improvement of my country's "juvenile criminal responsibility" can be carried out in terms of legislation related to juvenile delinquency,the age system of criminal responsibility,and the penal system for juvenile delinquency.
Keywords/Search Tags:juvenile crime, criminal responsibility, age, penalties
PDF Full Text Request
Related items