Responsibility Of Infants For Crime: A Comparision Of China And Russia

Delinquency is the common social problem all countries are confronting.Therefore,determining of and prosecuting for the criminal responsibility of juvenile is becoming the concern of the criminal law circle all over the world.The dissertation,by the method of comparing and analyzing,studies the legislation evolutions,regulation models,criminal policies and forms of fulfillment of criminal responsibility of juvenile in China and Russia,then introducing Russia's legal system and relevant legal concepts on such responsibilities known to readers.Finally,with the rethinking of relevant system in China,it aims to improve the legislation of responsibility of infants for crime in China.The diessetation with one hundred and forty hundred words or so includes four chapters.ChapterⅠ,Legislation Evolutions of Responsibility of Infants for Crime in China and Russia The development of legislation on criminal responsibility of juvenile in China can be separated into three periods: ancient China,modern China and China after 1949,which experiencing the changes from the "principle of pardon" under thought of "care children" in ancient time to the modern "punitive education",and consequently to the principle of "education comes first,punishment follows".Meanwhile,the course of legislation on same field in Russia may be classified in to three: Imperial Russia(before 1917),the Soviet Union(1917-1991) and Russia in the transition period(after 1991),whose peculiar legislative evolution of criminal responsibility demorstrates its own character on relevant respects concerning juvenile.It went through the history from light to severe and then again to light punishment and finally achieved perfectness and humantanrian.It can seen that there is similar route of these two coutries' legislation on responsibility of infants for crime.ChapterⅡ,A Comparison of the Regulation Model of Criminal Responsibility of Juvenile in China and Russia Viewing the regulations of criminal responsibility of juvenile in various countries,we can find out three principal models,separate regulation,specific chapter in a regulation and text scattered in various regulations.The various models reveal the differences in the legal tradition,legislative technology and degree of concern on the children of all countries.While the rough scattered model of regulation is adopted in China,model of specific chapter with principal rules of law on criminal responsibility of juvenile in a chapter in Russia quite reasonably solve its problem.Moreover,concerning the regulation on the scope of criminal responsibility juvenile bearing,both China and Russia use the enumerating method under dual standard model,and certain distinction exists between their ways of enumeration。Comparatively speaking,the way Russia enumerates is specific and concrete,which may avoid the possibility to interpret optionally and deserve to be made reference.ChapterⅢ,A Comparison of Criminal Policy of Juvenile in China and Russia Criminal policies of minor crime in various countries demonstrate the trend of polarization,that is to say,punishment imposed will be severe,severer or light,lighter.Through the historical analyzing and field investigation,it is able to be concluded that minor crime shall be treated tolerantly under the constructing of harmonious society.The basic thought of criminal policy of combining punishment with leniency shall be applied as "light " on minor crime,that is to say,probation and light punishment shall be exercised as well as education shall be taken as root with the heart of tolerance,and then retrieval can be achieved.Under the transiting of the state,a serious of changes has happened in Russia's criminal policy.Prevention of crime is the main strategic objective of criminal policy in modern Russia,which leads to the emerging of principal issue as the criminal reform of juvenile and the embodiment of the criminal policy as establishment of judicial system.Therefore,the realization of social rehabilitation and the prevention of recommitting crime are becoming the principal goal of implementing criminal policy of juvenile in Russia.We can see that criminal policy of juvenile in these two countries is established on the philosophy of humanitarian criminal law.ChapterⅣ,A Comparison of Realizing Way of Juvenile's Criminal Responsibility in China and Russia This chapter makes a comparison on the realizing way ofjuvenile's criminal responsibility of China and Russia, analyzing the strengths and weaknesses of them,and examines the application of punishment for juvenile.Concerning the related legislation, obviously the system to juvenile in Russia is more complete and humanitarian than that in China.Among them,regulations concerning life sentencing inapplicable to juvenile,limitations to prison term and object of certain sentence deprived of freedom and of detention,and lowering of amount of fine applicable to juvenile,all demonstrate the humanitarian and reasonability.Specifically,the priority for the applying of compulsory reformatory education has made the realizing way of juvenile's criminal responsibility more lenient and light.