Study On The Justice Prevention Of Juvenile Crime In China Summary

The Juvenile is the nation's hope and the future of the country. Now, juvenile crime has been serious social problem in the world. Juvenile crime situation in China is also becoming more severe. Juvenile crime is different from adults'crime becouse of the physical and psychological specificity, so juvenile crime's prevention and treatment should be different from adults,and should be adopted with young person's physical and psychological corresponding special disposal.Juvenile criminal justice prevention system is the handling of juvenile delinquency, the legal system concept, with minor physical, mind-appropriate, designed to prevent juvenile delinquency and the protection of minors special disposal. This has never been an adult crime status, characteristics and causes of these problems, and combining the current social and historical conditions, cultural background and the legal system conditions, to draw on the advanced concepts and practical experience, through access to a large number of detailed statistical data and experience of materials, in order to seek a more in-depth analysis of China's juvenile criminal justice prevention and effective countermeasures.Full-text of about 20,000 words, is divided into four chapters, the following major elements:The first chapter, the prevention of juvenile delinquency and justice status. This chapter mainly introduces the current situation of juvenile delinquency, juvenile crime, the characteristics and causes, the exemples of the severe situation of juvenile crime in our country at this stage, as well as juvenile delinquency which shows the low educational level, incentives for simplicity, species for diversification, the main group towards a younger age, and other new features, from a different angle and different levels of analysis of the causes of juvenile delinquency, including their own reasons, family reasons, causes and social causes such as schools; objectively talks about our criminal justice minor at this stage to prevent problems, I believe that mainly in theoretical research lag, lack of appropriate legislation and judicial practice, the three aspects of limitations; look abroad to prevent juvenile criminal justice field, a brief assessment by the United States, Britain, Germany, Japan, the four countries represented in the juvenile crime justice system to prevent the typical practices and their limitations and targeted in learning in China.Chapter II, establishment of juvenile criminal justice agencies. This chapter briefly introduces our criminal justice agency status of minors; clarifies that althought there are some juvenile courts which plays a role in practice, it is difficult to adapt to the practical needs of justice. There is an urgent need for clear legal status of the juvenile court. From protecting the legitimate rights and interests, playing professional characteristics, preventing recidivism, improving the judicial system's point of view, analysis of juvenile courts in our country need; according to China's current situation, and the set level of juvenile courts and the regional and the scope of accepting cases etc, discuss about the idea of the establishment of juvenile courts. That is the unit of each prefecture-level cities, the establishment of a grass-roots juvenile court; in each province as a unit, the establishment of an intermediate juvenile court, the conditions are ripe for the city to go first, conditions are not mature areas, the first jurisdiction to implement the designated focus trial, waiting for the conditions are ripe, and then set the juvenile court.Chapter III, Improvement of criminal substantive law of juvenile delinquency. The control of foreign entities in the juvenile delinquency law of criminal legislation on the experience and practice, expounds the Perfection of criminal substantive law of juvenile delinquency system of five aspects of vision, including: the establishment of a minor criminal record elimination system, implemented for only minor criminal acts, judicial decisions in the decision not to criminal records; the establishment of juvenile delinquency probation system, the relaxation of minors in prison for probation period, the applicable conditions of probation refinement, delete "does not harm society" elements; perfect punishment of juvenile delinquency control, re-edit control for Punishment object, applicable conditions and period of detention system set up on the control subjects; to relax the conditions for commutation and parole, in the "Criminal Law" clearly provides several "really repent, "the specific circumstances, increase the remission rate, shorten the interval between remission duration of parole for the implementation of the appropriate age limit relaxed; provides security release, probation, sent to work-study schools, compulsory medical treatment, to send a minor correctional institutions, community service penalty of six penalties for non-specific methods to be legalized in the form of criminal legislation.Chapter IV ,Improving Juvenile Delinquency Criminal Procedure. By drawing on the best practices of Western countries, and gradually improve China's juvenile delinquency system of criminal procedural law. Including strict control of pre-trial detention of minors, compulsory measures, clearly defined the crime of minors should be possible to take bail, residential surveillance and other non-custodial coercive measures; the establishment of juvenile delinquency Personality Inventory system whereby a minor under 18 years of age delinquency cases, and by the personality of the investigation and put forward the investigation report, the penalty shall not be declared; the establishment of juvenile delinquency deferred prosecution, deferred prosecution's application of clearly defined conditions, in particular, to strictly define the conditions can not or should not apply; not extended adult relative not to prosecute crime, the provisions of the relaxation of relatively minor crimes prosecution standards.In short, the perfect justice of Minor Crime prevention should be to build a specialized judiciary, its own characteristics against minors, in the judicial process and trial Mitigation adopt mandatory measures and penalties for non-penalty method continue to strengthen the legal protection of minors for rehabilitation of juvenile delinquents who, to create favorable conditions for reintegration.