The Treatment Of Juvenile Crime

Now china is in a social transition period. In this period,the crime rate in thecountry will stay high for a long time.The crime rate among juvenile is on a high leveland the high rate of recidivism has been a chronic problem plaguing human society. Inthis paper, the author will show that the effect of correction of juvenile crime isinsignificant. Because of the new feature of the minor crime in china, the paper will dealwith the development measure of treatment of juveniles crime according to the foreignadvanced experience in the field. The author believed there are three major problems oftreatment of juvenile crime in China now. The paper hold the view point that there areno systematic legislative regulations in modern china’s legal system and China hasneither ’"minor criminal law " nor "juvenile court law". So all the regulation can appliedon juvenile has been set in the "criminal law". This kind of lawmaking can notappropriate for the Physical and mental characteristics of juveniles. Meanwhile, thereare rare non-custodial measurement which can ben applied on juvenile offenders. Basedon the argument shown above, the author thinks in order to solve them, we shouldachieve some improvement as followed. First, there should be specific legislation forthe treat ment of juvenile crime. Secondly, the legislature should make law to enrich theclassification of criminal penalties. especially the non-custodial measurements. Last, thelegislature should make law to establish abolition of crime record. But now the"criminal amendment VIII" just set the exempt from record report system for the minoroffenders. And the paper is constitute of four parts.The fist part is an overview of the treatment of juvenile crime. In this part the paperwill show that there are three major models of the treatment of juvenile crimes globally.The paper defines them as followed. The first type is the crime correction mode,such asAmerica and Great Britain. The second is the mitigation of the execute punishment, takethe Germany and France as the example. And the paper defines the third one as themixed model as Japan and Taiwan.The second part of the paper is about modern China’s penalty system of thejuvenile crime. And the author divides this part into two sections. The one is aboutimprisonment punishment which consist of detention,fixed-term imprisonment and lifeimprisonment and the other is about the non-custodial penalties which are controlpunishment, criminal fine and property and deprivation of political right.The paper will analyses the flaw of each of the punishments mentioned above and then the author willdraw a conclusion.The third part of the paper the author will make suggestions of how to improve theChina’s criminal punishment system and the treatment of the juveniles criminal. First,we should enrich the punish types of the non-custodial penalty which can be applied tothe minor crime. Secondly, the author thinks that the lawmaker should set the specificterm which will differ from the adult punishment term as the juvenile’s fixed-termimprisonment.The fourth part of the paper will propose the specific and feasible approach whichcould be put into practice in modern China to approve the treatment of the juvenile.First,from the point of view of community correction, we could construct ournon-custodial penalties system with borrowing experience and innovation in developedcountries. Secondly, the legislative document should establish the abolition of thecriminal record system in the criminal code as soon as possible.