| Minor crime has become a hot issue that arrests the world's attention. The existing penalty system and security measures in our country have been deficient in meeting the needs of the education and rectification of the minor criminals. We should analyze the shortcoming in the existing criminal system on minor crime, critically assimilate what is beneficial in law from other countries, and introduces the security measures into preventing minors from committing crimes.Currently, the minor crime of our country takes on some characteristics such as various criminal types, complicated criminal means, committing crimes in groups, criminals tending to young, criminal means tending to mature, and prominent phenomenon of recommitting crimes. The data of the minor crime cases in the two levels' people's courts of Huainan from January 2002 to July 2006 show that the characteristics of the minor crime are consistent with the other areas' basicly. In micro statistical analysis on the present situation of the minor crime of our country, we need to analyze the cause of the minor crime thoroughly. Besides the macro and micro social causes, psychology is a direct factor results in crime. Because of the superficial cognition and discrimination, brittle mental endurance and emotional self-controlling, expanded vanity psychology extremely, serious selfish psychology and counter and narrow revenge psychology, the minors commit crimes easily. There is severely lacking in legislative system, for example unscientific legislation, bad workness, excessive departments subsection protection formalization, without suitable and effective psychology correction, solo means, contradiction in criminal punishment itself, so that it can't reach the fundmental of preventing crimes.Facing to the present situation of the minor crime of our country, whether the security measures should be introduced into the minor criminal justice system or not? We think it is necessary and workable. From the theory and foreign legislation practice, the security measures mostly prescribe special protective measure to the minor criminals, that is ,minor protective punishment. These measures aim at actualizing education, improvement, medical treatment, salvation, custody protection,materializing richly the educational and preservative characteristic, reacting actively on the prevention and cure the minor crime.The four kinds of security measures in our country are labour and nurture, acceptance and nurture, school education, social help, but these measures have lots of deficiency and shortage, that is ,not being legislated or the legislating process being lagged, limited applicability and net being applicable to common situation, the application condition and scope are not being designed scientifically, less species and single measure, the lacking of the social supervision, process are much more administrative than statutory. For all the problems above, it is clear that the existing security measures are not enough for preventing minors from committing crimes, innovation and completing measure are necessary as present.To use security measures to complete minor criminal system, it is essential to change the notion of punishment, conquer the shortcoming and deficiency of the existing security measures, focusing on the persuing of the alternation of the personality of the minor criminals, establish a multilayer, multifunctional security measure system which is aiming at the rule of minor crime and distinguishing the difference of the different minor criminals. As for the value persuing, the author suggests that education should be taken more seriously than the idea of punish for revenge. It is important to pay attention to the prevention of the minor criminals, change attention from crime to criminals. Concerning practical legislative mode, we should build a multilayer security measure system which includes criminal code, criminal law, administrative law. As for application methods, we can bring the existing security measures which have been changed in minor's criminal system, set up five kinds of security measures, such as accteptance and nurture, vertification against transgress, community rectification, school education and custody. As the same time, further discussing is needed on security measure's application problems, such as criterion, declaration department, application object and condition, danger evaluation. |
