Research On The Criminal Liability Of Juvenile Offenders

Juveniles are the future of a nation, shouldering the fate of the world. As Mr. Liang Qichao put it,"the nation will be powerful as long as there is a well-equipped young generation."China is currently in a transitional period when social management and control are yet in the process of modification and improvement, witnessing an increasing number of juvenile crimes. The prevention and suppression of juvenile crimes have become the focal point of world's criminal law institutions. However, in China, even though new theories are sprouting out, the confirmation basis of juvenile criminal liability still hasn't found its theoretical standing point, and the measurement standard of criminal liability is still hanging in the air. The lack of theoretical support directly leads to the mechanicalness in confirming criminal liability, which merely takes the physiological age as the prerequisite to determine whether a juvenile can take the criminal liability; it also leads to the mechanicalness in measurement of penalty that often results in inappropriate sentencing, whether too tight or too loose; the one-sidedness in implementation of criminal liability and the single formality of liability that result in poor punishment effect and other kinds of drawbacks. Therefore to scientifically confirm juvenile criminal liability relies not only on a rational and appropriate institutional building, but also on a solid theoretical support so as to provide effective legal tool to solve juvenile criminal liability in juridical practices. This endeavor will surely produce long-term theoretical as well as practical significance in the protection of and caring for juveniles.In view of this, this paper aims at exploring the criminal liability of juvenile offenders and its institutional building in the following four aspects. The full content of this paper extends to around 40,000 characters.The first chapter is an overview of the criminal liability of juvenile offenders, in which the concept, the theoretical basis and significance of criminal liability are discussed. Under the concept of criminal liability, there are three categories: category one is when the act constitutes a crime and requires imposition of penalty by law; category two is when the act constitutes a crime, but shall only give non-penalty punishment; the third category is when the act constitutes a simple declaration of guilt, but is free of all penalties and non-penalty punishment. Combining the above three categories, the author then comprehensively analyzes the current four mainstream perspectives on the concept of criminal liability, and re-defines the criminal liability of juvenile offenders that it arises from the implementation of criminal acts by juveniles, who is to bear certain legal consequences determined by the nation's judicial organs according to law. This definition reflects the four basic characteristics of criminal liability that it is mandatory, and it conforms to severity, specificity, and unity of law and society.In the search for the theoretical basis for criminal liability of juvenile offenders, this paper evaluates and analyzes the following theories that most people are concerned about: Father of the Nation Principle, China's legal tradition of caring for the young, the Western human-centered Sociology of Law Theory and Positive Jurisprudence Theory, and draws the conclusion that starting from the viewpoint of taking juveniles as a vulnerable group, we should not only exhibit the thought of the parental rights of Father of the Nation, follow the legal tradition of caring for the young, but also learn from new social defense theory that "emphasizes the protection of human dignity and respect for human beings, and promotes the establishment of a rational penal system of education and security punishment", so as to have an original style of criminal liability system that prevents and stops juveniles crimes through a reasonable confirmation of liability and appropriate accountability means.In addition, the paper finds that the scientific definition of criminal liability of juvenile offenders is significant in the following two aspects: first, it meets the international trend of light punishment as well as the requirements of the Criminal Law Reform; second, it is the inevitable requirement of the criminal policy of"tempering justice with mercy".The second chapter probes into the confirmation basis of criminal liability of juvenile offenders. Behind the liability is the attitude of the offender towards the values protected by the rules of criminal law. Criminal acts infringes upon the specific social relations protected by the criminal law. However, the author believes that the mental attitude behind such acts can be attributed to, in essence, the offender's "most obvious and extreme contempt against social orders". Social danger or harm results caused by crimes are in fact the realization of illegal intent under the "contempt" attitude. It is the result of offender's misuse of their capacity and ability to control the outcome under the "contempt" attitude. Therefore, the only confirmation basis of criminal liability of juvenile offenders resides in the will power against the values protected by the criminal law (illegal cognition) and the understanding of the social nature of behaviors (reprehensibility).Since the criminal liability depends on the adversary will power, with subject of crime and subjective crime being the logical starting point and the core of crime constitution, the paper finds outer form of this adversary will power to be the capability of juvenile criminal liability and their personality psychology. Under these internal physiological and psychological factors, as well as social factors, juveniles develop the most basic conception of world, life and value. These adolescent concepts directly influence their understanding of and respect for laws. In terms of the capability to shoulder criminal liability, this paper specifically addresses the factors affecting juveniles'capability from both subjective side and objective side: the subjective side refers to their physiology that constrains the recognition and self-control and the objective side refers to constraints of the social relations they are in. In terms of personality psychology, this paper draws on the"superego"concept from criminal psychology, evaluates and analyzes juvenile criminals'psychological representation through Minnesota Multiphasic Personality Inventory, and selects three core factors, i.e. intellectual cognitive competence, family background, and influence of school and community of interest to depict juvenile offenders'path of psychological growth. In-depth exploration of the above aspects fully demonstrates that juvenile offenders'contempt against the values protected by law results in the fact that they are in physiological and psychological puberty, na?ve in thoughts, instable in temperament and weak in cognitive capacity and self-control, which is why they get so easily affected by the environment.Ultimately theories should be employed to guide practice. This paper employs the crime of passion and mistaken understanding of social harm to be examples, and proposes the standard of the adversary will power of juveniles in judicial practices through recognizing the nature of behavior, behavioral outcomes and causation.In the third chapter, the author evaluates and analyzes the current implementation means of criminal liability of juvenile offenders. Combining the characteristics of juvenile criminals stated in the first chapter, this chapter recollects the existing problems in current legal provisions concerning the implementations of juvenile criminal liability from two separate respects, convicted and sentenced (including the penalty method and non-penalty punishment) and pardon conviction.In terms of penalty methods, the paper illustrates the reasons for the restrictions applicable to life imprisonment and the prohibition of indeterminate sentence in limited term of imprisonment. It also discusses whether fine penalty should be applied to juvenile offenders, how to vary execution means with different situations, and the legislative intent that prohibits the deprivation of political rights of juvenile offenders. In terms of non-penalty punishment, the paper analyzes the current measures of non-penalty punishment in China and summarizes the existing one-sidedness and drawbacks of poor results of the institution. In terms of conviction pardon, the author finds that pardon should be made sure in the following four prerequisites: first, detention and three years or below in prison under Article 17 of "Interpretation of a number of issues concerning laws applicable to handling juvenile criminal cases" are not legally-prescribed punishment, but declared sentence that might lead to penalty; the basic crime that the defendant had committed and that he/she was under-age are important consideration factors; good repentance is also an essential condition for juvenile offenders to get exempted from criminal punishment; and committing only a minor crime that do not require the imposition of penalty is the core to exemption.The fourth chapter presents the basic concept of improving criminal liability institution of juvenile offenders. Juvenile offenders are in their physical and psychological adolescent years when they have merely a weak self-control that they can easily get affected and shaped by the environment. This paper argues that the criminal liability institution of juvenile offenders must be distinguished from that of the adult's. This chapter elaborates in six aspects to construct the institution, such as the criminal policy; sentencing principles; implementation means of penalty; introduction of Elimination of Criminal Record; non-punitive approach and the system of not prosecuting the attached conditions.In terms of criminal policies, the paper elaborates the value of the"tempering justice with mercy"policy, and makes a concrete analysis of its application in juvenile crimes from the perspectives of subjective of crime, the subjective aspect, and the objective impact of juvenile delinquency. In terms of sentencing principles, the author holds that we should further improve the principle of proportionality and the two-way protection principles, and summarizes the factors to be included in sentencing: the environment of social tolerance, community links with the Court, and psychological counseling and behavior modification. In terms of execution of punishment, this paper envisages an increase of community correction, and conceives the key works to be done in Chongqing's Community Correction. Then the paper focuses on the long-anticipated system of elimination of criminal record and expanding the judiciary warning, security release, supervision, community welfare and labor in non-punitive means. At last, this paper emphases on how to improve the system of not prosecuting the attached conditions. This paper reflects the deficiencies on the current institution and proposes to improve the institution in four aspects: applicable conditions of the institution, program design, monitoring mechanisms, and legal consequences. These basic concepts are expected to contribute to the institutional building of juvenile criminal liability.