The Research For The Judical Practice About Comparative Non-accusation Of Young Person

Nowadays,the criminal problem about young person becomes more and more serious,the prevention and decrease of the problem has already been an urgent social topics. Comparative non-accusation,as an important law measure which can help and teach young person,because of the academic and practical existence,such as the narrowo of the non-accusation, the procedure of the non-accusation is uneconomical and so on,to some extent,has influenced right applicability of the judical practice to the young person and the full exertion of ability of the non-accusation system in the young person's cases.According to the special identity of the young person, the extension of the non-accusation which apply to the young person is necessary.Moreover,the number of the cases of the young person which we can use non-accusation increases great year by year due to the adjustment of the criminal policy.Both of them not only match the international principle,cheap indictment,but also happen to have the same view about our guidelind, "educate,reform and save them" and our principle, "education is first,punishment is second" to the young person.As a result,it has a great academic and practical meaning to research for it deeply and systemically.The writer work over on the actuality,problem and the reasonable rules of the applicability of the non-accusation to the young person mainly,and put forward own suggestion to expect the better exertion of the law and the policy which can save the young person who has made slim mistakes .The full text has four parts.Chapterâ… is the current justiciable practice about the comparative non-accusation of young person.The chapter is on the basis of grasping the related researching data about the current actuality of the crime of the young person,the complexion of the criminal punishment and the actuality of the comparative non-accusation to the cases,and the point analyses is on the problems of the comparative non-accusation.Chapterâ…¡analyses the defacto interial idea and behov idea of the current comparative non-accusation of young person into synthesis jurisprudence. The chapter primarily bases itself upon the dissecting of current related legal provision,and it analyses the law mainly from different point of view such as "the crime details are slight.","do not need to penalize the penalty and the absolution penalty according to the criminal law. " by legislation intension and judicial spirit about the comparative non-accusation clauses,and it also investigates the situation of the comparative non-accusation of young person who under the current interial idea by synthesis jurisprudence.Chapterâ…¢aims at the reasonable limitation and realistic consummate.The writer enlarges the value and the meaning of comparative non-accusation from the view of theory and practice.Moreover,the right condition of the comparative non-accusation,the priciple of the cases which we should complay with and something we should not ignore has also been put forword.Chapterâ…£aims to reform and perfect the idiographic project of the comparative non-accusation.The writer has also bring forward that we should increase of times of the hearing of witnesses, predigest the proceeding and add the reprieve accusation system of the young person.