Research On The Question Of Non-penalty Punishment To The Nonage-criminal

The methods of non-penalty punishment have natural superiority regarding to the nonage-criminal. At present, the non- penalty punishment to nonage-criminal in our country criminal code mainly include seven kinds: (1) teach warns; (2) order to make a statement of repentance; (3) offer an apology; (4) pay compensation for the losses; (5) be subjected to administrative penalty or administrative sanction; (6) order the parents or the guardian strictly teaches; (7) rehabilitated by government. Non- penalty punishment to the nonage-criminal has important differences with the nonage-person implement the illegal activity but not constitute crime; the nonage-criminal implement crime but be mitigated punishment; the nonage-criminal implement crime but be sentenced to suspension of sentence, etc.Imposing non-penalty punishment to the nonage-criminal is necessary suits the nonage-criminal's individuality characteristic and development needs; conforms to our country's criminal policy " primarily education, auxiliary penalty" for nonage-criminals; is the international tendency and the international pact's request.The condition of imposing non- penalty punishment to the nonage-criminal including:(l) the crime is the misdemeanor;(2) the demonstration of repentance is good;(3) has certain legal or deliberates lenient discretion of punishment plot. The apply department of non- penalty punishment to the nonage-criminal including the people's court, the prosecution agency, but the public security organ cannot become the apply department. Besides, seven kinds of non-penalties punishment respectively has different apply methods and all will bring some accompanied consequence and legal matters to the nonage-criminal and the victim.Presently, in our country criminal law the non- penalty punishment to the nonage-criminal existences three aspects flaws: punishment method lacks system, special stipulation; the punishment method types is too few and the form is unitary; the education of punishment method manifests insufficiently and the effect is not obvious. Must perfect the legislation through two ways namely consummate present non-penalty punishment and additionally build some other non- penalty punishment methods.