Study On The Probation Of Juvenile Offenders

Theory of educative punishment forthe reasonable existence of juvenile probation system provides theoretical support.Juvenile probation system also reflects the individualization and modesty and humanitarianism spirit of penalty, which is consistent with the combined theory of punishment and education. The thought of sympathizing young isthe basic concept of our country construction juvenile probation system. The probation on juvenile offenders is conducive to avoid the disadvantages of short-term free punishment, is preventing cross infection of juvenile offenders, and is conducive for the juvenile offenders to return to society, is saving the judicial resources, and is conducive for social stability and harmony.There is no specialized juvenile offenders probation system in the Criminal Law of the People's Republic of China, which is without suitable special and operation regulations on applicable condition and scope and inspection after sentenced of juvenile offender probation. As a result, probation could not make full positive performance on education and reform juvenile offenders, and make slower applicableproportion. In our country, theapplicable condition probation is too harsh. And, the substantive conditions are ofprincipal, while there is either withoutquantitativepossibility of repeat offending. In the application, the compulsory measures and probation application is closely related. However, the probation is lack of public, transparency and supervision, and other series of problems.In view of our country's national conditions and the problems in the juvenile probation, building suitable probation system for juvenile offenders not onlycomplies with the international trend of the socialization of execution, but is also in accordance with the criminal policy of juvenile education, reform and rescue. Therefore, in the entity, we should relax the limitation of probation for juvenile offenders, and specify conditions of probation application. In the process, we should establish juvenile courts, promote the professional cases of trial work, establish open and transparent probation trial procedures, strengthen the supervision of the public prosecutor in the sentencing process, and establish juvenile probation hearing procedures. At the same time, it is necessary to establish a special probation supervision system for juvenile offenders, and improvesupervision contentduring the probation period, and establish juvenile offenders probation deposit system, and enhance community correction performanceof family, school and community, and develop a community correction program for juvenile offenders. Thereby, implement seriously the "education reform, save" policy and "education as priority, and punishment as supplemented" principle, which is the Party and State consistent persists on the treatment to juvenile offenders.