Research On The Application Of Non-criminal Punishment System For Juvenile Crimes In My Countr

With the Amendment(Xi)to the Criminal Law,there are discussions on juvenile delinquency that the age of criminal responsibility system of minors has been extended to the scope of criminal regulation of juvenile delinquency.Among them,the existing non-penalty punishment system of China is the most suitable way of criminal sanction to deal with juvenile delinquency.However,the problems exposed in the application process of the system are more prominent,which has aroused widespread concern and discussion.This paper takes 1421 judicial documents from2017 to 2021 as the analysis sample,adopts the method of empirical research and case analysis,tries to summarize the problems existing in the application process of the non-criminal punishment system for juvenile delinquency in China,analyzes its causes,and finally puts forward the corresponding improvement suggestions for the problems and causes.This paper is mainly divided into six parts:The first part is introduction.This part describes the source of the research problems and the research status at home and abroad.The second part is the introduction of non-penalty punishment system for juvenile delinquency.This part introduces the concept of juvenile delinquency and the basic connotation of juvenile delinquency non-penalty punishment system.The third part is the non-penalty punishment system and characteristics of juvenile delinquency abroad.This part gives a comprehensive introduction to the concrete construction content and reference significance of the non-criminal punishment system of juvenile delinquency in the civil law countries and regions represented by Germany,Japan and the Common law countries represented by Britain and the United States.The fourth part is the status quo and problem analysis of non-penalty punishment system for juvenile delinquency in China.This part analyzes and studies 1421 judgment documents in judicial practice,and summarizes the current situation of the application of the system and the main problems existing in the application process.The fifth part is the reason analysis of the application of non-penalty punishment system for juvenile delinquency in China.This part mainly discusses the causes of the imbalance in the application of non-penalty penalty system for juvenile crimes from two aspects: the concept of criminal punishment for juvenile crimes and the legislation of non-penalty penalty system.The sixth part is divided into our country minor crime non-penalty penalty system application of the improvement of the proposal.This part puts forward corresponding suggestions for improvement according to the problems and causes mentioned above in order to help solve the problems in the application of non-penalty punishment system for juvenile delinquency.