Research On The Application Of Relatively Uncertain Penal System For Minors

"Irregular penalty" specifically refers to a penalty that does not determine a clear sentence of freedom when the perpetrator is sentenced,but based on the perpetrator’s performance in the execution of the penalty,and then determines the specific sentence after evaluation by a special agency system.Relatively irregular punishment in modern criminal law has more advanced connotations and is the first development of the concept of punishment.The new connotations mainly include: the individualization of penalties is the theoretical basis of relatively irregular penalties.educating and reforming offenders to reintegrate into society is the ultimate goal of relatively irregular penalties;relative irregular penalties have a promoting effect on social prevention;relatively irregular penalties are combined It has not exceeded the current penalty pronouncing system.The change of the old and new criminal law theories has brought about a huge change in the concept of punishment,and with it is the rapid formation and rise of the theory of individual punishment.The modern concept of individualization of punishment appropriately reduces the importance of special prevention and enhances the retributive nature of punishment.Accompanied by this,the development of relatively irregular penalties has also experienced germination and rise,and has been strongly impacted,and then the process of revival and application of modern criminal law in the field of juvenile crime.Minor penalty mitigation is the result of a change in the concept of penalty,which specifically refers to the reduction of the intensity of penalties to deal with juvenile delinquency and control and prevent the occurrence of juvenile delinquency.In the relatively uncertain penal inspection period,juvenile offenders tend to participate more actively in self-reform in order to strive for a shorter final sentence.Compared with the opportunity of commutation and parole,it is the least difficult to use the inspection period to obtain a shorter final sentence.The application of relatively irregular statutory laws to minors can eliminate the above-mentioned drawbacks of fixed-term punishment,especially short-term free punishment,and can play a more active role in the education and reform of minors.The juvenile penalty system pays more attention to respect for the personality of juvenile offenders,fully considers the objective factors of individual differences between juveniles,and combines the concept of individualized punishment,scientific and reasonable sentencing and execution of penalties,to achieve More thorough education and reform of juvenile offenders will save juveniles to the greatest extent.It is necessary for our country to continue to strengthen the trial and promotion of relatively uncertain punishment for minors.The characteristics and development situation of adult juvenile delinquency urgently require that my country’s criminal justice system be further perfected so that the criminal justice system can play a more dominant role in preventing juvenile delinquency and reforming criminal juveniles.Although my country has made great progress in the field of juvenile delinquency prevention and correction,and the juvenile delinquency rate has been steadily decreasing,there is still a lack of complete institutional arrangements and safeguards in the sentencing and execution of juvenile delinquency.Relatively uncertain penalties can expand the discretion of judges and give timely affirmation and early release to minors who have performed well in reforming.This is in line with my country’s value pursuit of minor penalties and mitigation.The implementation of the relatively uncertain penal system for minors in my country has a strong foundation.Regarding the governance and prevention of juvenile delinquency,my country has formed a relatively complete set of juvenile criminal justice system.The abundance of the results of the existing pilot projects and the exploration of the practice of the system around the world provide a realistic basis and experience for the implementation of the system.At the same time,this article also elaborates on the application methods and guarantees of relatively irregular penalties for minors.Provide comprehensive opinions and suggestions in the review of applicable conditions,refinement of applicable procedures,determination of applicable inspection period,and construction of the consultation and hearing system.In addition,suggestions are provided for the protection of the system from several aspects such as legislative improvement,judicial cost control,and improvement of the quality of supervisory personnel.