Reflection On The Light Punishment Of Juvenile Delinquency In China

The problem of juvenile delinquency is a hot topic in the legal circles at home and abroad.The related legislation and judicial system of minors in China are still younger,and the trend of light punishment is present at the present stage.Although light punishment has played a very good role in protecting minors to some extent,we have also discovered a series of problems caused by light punishment.On the basis of the problem of light punishment,this paper analyzes the causes of light punishment in light of the current situation and problems,and raises questions about the light punishment,and then rethinks the problems caused by the light punishment of juvenile delinquency from the perspective of the theory of penalty and comparative law,and Japan and the United States as "protectionism" to "punitive"."The typical juvenile judicial experience of the transformation can be compared.According to the corresponding penalty theory,the experience of other countries and the actual situation of our country,the judicial idea and the corresponding system should be added to our country’s current treatment of juvenile delinquency,so as to realize the prevention and control of the juvenile delinquency.The following is a brief introduction to the main body of the article.The first part is about the current situation and problems of minor penalty in China.This article mainly introduces the current criminal policy of "education as the main form and punishment as subsidiary" to juveniles,and briefly introduces the relevant laws and regulations.After that,the problem of minor crime of juvenile delinquency in China is carried out after the description of the present situation,which is mainly the diversity of juvenile delinquency and the high IQ of the criminal means.Finally,the article distinguishes the word "juvenile" in only fourth chapters in the full text.The full text,except for the fourth chapter,uses the term "minors",which is based on the usage of the laws and regulations of our country and the use habit of the state judiciary.The second part is to analyze the causes of minor crime of juvenile delinquency in China,mainly through two aspects to analyze how the light penalty is formed in concept and legislation.First,how China’s criminal policy embodies the far-reaching impact of the light punishment and the related international documents on the formation of the juvenile justice concept in China;second,on the legislative level,a series of problems caused by the "protection" of the minors.The third part,from the theory of penalty justification,negates light punishment.From the theory of the justification of penalty,the problem of minor crime is discussed,the reason is that the fundamental problem of juvenile delinquency is also the problem of preventing crime and controlling crime.It is necessary to discuss the purpose of how to prevent crime and control crime.To protect or punish juveniles,we need to go back to the theory of punishment legitimation.The first and second parts of the present situation and problems are formed because the criminal policy and legislation in our country are more "protectionism".Then,under the current serious problem of juvenile delinquency,it is necessary for us to discuss the theory of penalty retribution and the theory of penalty purposes,because "protectionism" and "protection" are necessary.The corresponding "strict punishment doctrine" corresponds to the theory of penalty and the theory of retribution in the theory of penalty.This part mainly discusses the role of "protection" and "punishment" respectively in the prevention of crime in the theoretical level.The fourth part denies the light punishment from the perspective of comparative law and introduces the juvenile judicial experience of the United States and Japan.At the beginning of the birth juvenile justice system in the United States and Japan,the treatment of juvenile delinquency is biased towards "protectionism".With the perfection of legislation and the reform of the degree of legal system,both the United States and Japan will gradually be the original.Some "protectionism" has been changed to the original,it can not be completely determined that the use of "protectionism" can not achieve the desired effect on the problem of juvenile delinquency,but at least it can be inferred that,both in the United States and in Japan,after the reform of the juvenile justice system,the "strict punishment doctrine" is chosen.At least,it can be seen that the United States and Japan are more cautious in dealing with juvenile delinquency after the reform of juvenile justice system.The fifth part,Yu as a reflection of some views and views,mainly aimed at the problems existing in the judicial ideas and legislation of minors in our country,which were put forward at the beginning of the article,and put forward the problem of light punishment of juvenile delinquency in our country under the circumstances of combining the current legislation of our country and the experience of juvenile justice in the United States and Japan.The way of thinking.I think we should take retribution theory as the benchmark and teleology as a supplement.We can not argue that strict punishment for retribution should not consider the special legal status of minors.Therefore,it is necessary for us to hang a warning bell on the minors’ heads,so that they may have some fears and fears when they have bad thoughts.This is not to crack down on juvenile delinquency,just to better protect the healthy growth of minors.