Factors Restricting The Application Of Probation In Juvenile Delinquency And Its Elimination

Compared to adult crime, juvenile delinquency is more destructive to family and social stability. In order to realize the socialization of criminal juveniles, during the process of fighting against juvenile delinquency, with the establishment of trial courts for juvenile cases in national courts at any levels, the application of juvenile probation has gradually improved,showing the basic principle of "education is superior than punishment" in our criminal law,which also conforms to the international trends in juvenile justice policy. But at the same time,there have been a lot of questions about the current situation of probation.Compared to the international community, there is room for improving juvenile delinquency probation in our country, we can not question the value of this system in the field of juvenile delinquency just because of some negative factors in the probation. We should eliminate the relevant factors which have adverse effects on its application, for the punishment in juvenile delinquency,insist in probation when the situation is proper, only in this way can we furthest realize the re socialization of juveniles .This paper was divided into three parts. The first part is empirical analysis for the application of juvenile delinquency probation and introduces the overall situation of juvenile delinquency in China and the application status of probation. According to the statistical analysis of all the minor crime cases that collected from three district courts in Chongqing city during 2013 to May 2016, based on the investigation reports of Chongqing Municipal Higher People’s Court on juvenile delinquency in Chongqing during recent years, analyzed the overall situation and trend of juvenile delinquency probation in recent years, and the situation of probation for juvenile offenders in different places.The second part, summarizing the related factors that affect the application of juvenile delinquency in our country, to analyses the negative effects of substantive law and judicial methods on the application of probation from the aspects of substantive law, procedure and execution, compare with different probation systems and application situations all over the world. The results showing that there are some problems in the application of juvenile probation in our country, such as the too harsh substantial conditions of probation, high detention rate, deviation in the application of probation standards, and not effective probation implementation effects, analyze the reasons of the adverse effects on probation application.In the third part, put forward some suggestions to resolve the factors that affect the application of juvenile delinquency probation in our country. For the problems resisted in the application of probation in juvenile delinquency, first of all, we should adhere to the principle of "no imprison unless no choice". Secondly, on the specific application, should exclude the"no significant effects on the community" and "care, rehabilitation conditions" provisions,reduce the pre-trial detention rate, strictly restrict arresting, adhere to the principal of probation for juvenile delinquency that "never tolerated crime and never hesitate to probation when it is suitable" realize the polarization of penalty for juveniles. Meanwhile, further promote the reform of the juvenile cases’ trail court to strengthen the correct understanding of juvenile justice policy, explore to build a community correction base for juveniles to solve the problems of poor pertinences for juvenile probation and no guarantee for implementations,promote the value of probation system and social evaluation, try to achieve the goal of juvenile probation when imprisonment is not necessary, ensure the re socialization of juveniles farthest.