| Minor crimes has increased so rapidly after The World Warâ…¡that now it has been numbered as one of"3 social effects of pollution", while traditional penalties ,which itself has some limitations, are far away from satisfying the demand for preventing and deterring from minor crimes. Subsequently, non-penalization system was put forward which is a more flexible criminal justice system dealing with criminal cases of the minor.Basing on the protection of the minor who are physically and mentally immature, low self-discipline and vulnerable to bad factors, Non-penalization system designates as a specially legal system in which the minor criminal will be given some non-penalization punishment by state organs such as public security unit, prosecutorial organization and people's court by means of exercising their authorities according to law so as to prevent the crime. The system was conceived on the premise of the exclusive relationship between the characteristics of the minor and crimes, it can also help realize the following pursuits of value: it can facilitate the division of pretrial criminal procedure, alleviate the influence brought by"criminal label", meet the restorative justice needs and carry out the criminal policy of temper justice with mercy.Non-penalization system has some defects in legislation and justice. First, the legislative system isn't imperfect. Second, the operation of justice lacks a consistent standard. Third, the organizations which can carry out the system are limited. Fourth, there are so few measures of the non-penalization which aren't used flexibly. Drawing from the above factors, we should sum up the experience of our country's justice practice and use the experience of other countries for our reference and take in the advanced ones. Concretely, we should take actions from the following aspects: we should coordinate the related legislation, establish a standard operation of justice, enlarge the scope of the organization, and increase the measures and use them skillfully. In a word, we should improve constantly the non-penalization system in order to bring it into full play. |
