Minor Crime In Our Country The Penalty Problems Research

Along with the social and economic developing, the minor crime increases and takes on new characteristics. Now the minor crime problem increases, even has become one of the world’s three largest public hazards. Our country pays more and more attention to protect young people, and to prevent and correct minor crime. The mechanism and measures of minor crime also have a certain development and progress. But because china’s young judicial has a late start, the research of minor criminal punishment is still in the primary stage, which causes the treat mechanism and measures of minor crime in our country is still not perfect and mature. On the legislation, there is no separate legislation of the infant crime, just referring to the criminal law, the system is insufficient. The protection of minors in our country is just a kind of guidance and instructions which don’t have the actual operation significance and can’t be a legislative basis. In judicature, the non-penalization punishment also has a lot of problems. From the angle of our country’s minor crime in the non-penalization punishment, this article compares and analyzes foreign minor crime in the punishment, use for reference of the experience of the beneficial, analysis the basic problem of our country’s minor crime punishment system, the present situation and deficiency of the minor crime punishment system are discussed. In this foundation, the author proposes the Primary thought of constructing and perfecting our minor crime in the punishment at both legislative and jurisdiction. The article is divided into four chapters:Part one is the summary of minor crime punishment. Gives the basic connotation and extension definition to the non-penalization punishment system and the young in non-penalization punishment, and the basis and the research significance to construct and perfect our country’s non-penalization punishment for the young is analyzed. A basis is deeded to make its discussion more convincing, so this paper expounds the basis of minor crime punishment, from the theoretical and practical aspects. At the end of part one, expounds the important meaning of the minor crime punishment, which is to help perfecting our country’s juvenile judicial system.Part two is about foreign minor crime punishment system. There is a brief introduction for western juvenile judicial system and the Realization way of their non-penalization punishment, through the introduction of foreign juvenile delinquency legislation and judicial advanced experience, the author find a suitable way for our reference to improve the minor crime punishment in our country.Part three is about the minor crime punishment in the practice. This paper mainly introduced the non-penalization punishment and its current situation. And it also analyzes the problems that occurred in minor crime punishment system in our country, in order to put forward the solution to the measure for bedding.Part four is about perfecting the minor crime non-punishment. This chapter aims at minor crime non-punishment which mentioned in chapter3, analysis the existence of the shortcomings and problems, based on the summarize of foreign and relevant experience, combining Research and exploration on china’s national conditions, the author suggest an opinion on perfecting the minor crime non-punishment----select a suitable non-punishment paths for juvenile delinquency treatment, clear the property of non-punishment treatment of juvenile delinquency,clear the applicable conditions of non-punishment treatment of Juvenile delinquency, draw on restorative justice and introduced community service order and criminal reconciliation system, improve the system of supervision of non-punishment treatment, establish special juvenile justice institutions, and training professional judicial officers.