Empirical Study Of The Mitigation Of Penalty Of Juvenile Delinquency

Penalty belongs to the category of social and cultural, in recent years, the mannerof applicable penalty gradually show socialization and humanization, which not onlyshow the criminal policy of “temper justice with mercy", but also continue to adapt tothe tends of mitigation of penalty. Analyze from the perspective of criminalintegration, we can know that mitigation of penalty of juvenile delinquency is closelyrelated to the connotation and denotation of the concept of non-criminal anddepolarization, which is a dynamic and evolutionary concept, therefore, it is not onlyreflected in the substantive criminal law, and consistently in procedural law. Butabout special value and significance of minors’ applicable penalty, it is not enough atthe legislative level, the key to progress of the rule of law is how to learn experienceand lessons from the judicial practice, and which are implemented accurately andcompletely.Firstly, author select juvenile criminal cases of a district of Shenyang City inLiaoning Province from2008to2012for the study, and research the overall situationapplicable penalty about juvenile criminal cases of Shenyang City in LiaoningProvince from the year2008to2012by survey research and empirical analysis.Through the establishment of a database which is arranged, author combine withExcel software to assist the empirical study of the mitigation of penalty of juveniledelinquency, and investigate and analyze from the case of application of custodialpenalty and non-custodial penalty, the case of criminal reconciliation and prosecution,discover that application of custodial penalty lose the advantage, probation is main inapplicable process of non-custodial penalty, settlement rate increased year by year in the trial process, and non-prosecution rate is on the rise. So we can know that theoverall trends of application of non-custodial penalty is good, but comprehensiveapplication of non-custodial penalty is ignored, and prosecution of criminalreconciliation is difficult to implement, non-prosecution rate still has room to improve.At the same time, based on these survey results, author analyze the subjective andobjective reasons by questionnaire survey, hold that applicable process of mitigationof penalty of juvenile delinquency is influenced by orthodox penalty concept, andthe assessment mechanism is unreasonable, the community correction mechanism isnot perfect, the result of legal aid is worried. Therefore, author proposes preliminaryimprovement suggestion for the juvenile delinquency in Liaoning Province in thejudicial practice of applicable of mitigation of penalty around several aspects, such aschange the inherent penalty concept, implement the comprehensive application ofnon-custodial penalty, implement application of criminal reconciliation in prosecutionlink, expand moderately prosecution discretion of prosecution, and advance the socialsupport mechanism and so on.