The Limits And Countermeasures Of Lenient Punishment In Minor Crime Cases

In recent years,the campus violence cases of minors occur frequently.TV news,newspapers and other media often report,which means that the number of juvenile crimes increases and shows a trend of younger age.For minors who have reached the legal age of criminal responsibility,the main principle is to pursue responsibility on the basis of the principle that punishment should be reduced or lenient.This shows that violent minors rarely receive heavy sentences.To some extent,if serious acts of violence are not punished accordingly,under the joint influence of various factors such as minors' weak control and strong impulsiveness,they may also commit acts of violence,and at the same time bring certain adverse effects on the thoughts and behaviors of the surrounding minors.Therefore,it is necessary to reasonably grasp the limit of lenient punishment for minor crimes so as to guide and educate minors not to commit illegal acts.However,this article focuses on the limitation and response of lenient punishment in juvenile crime cases,aiming to better handle juvenile crime cases and reduce or even avoid the occurrence of juvenile crime cases.This article takes the lenient punishment for minor crimesas the research object,and expounds the concept and characteristics of lenient punishment for minor crimes and the basis for consideration of lenient punishment for minor crimes.Then it analyzes the current situation and problems of lenient punishment for minor crimes,including the legislative evolution of lenient punishment for minor crimes,typical cases and disputes over the protection and punishment of minor crimes,mainly aiming at the tendency of one-sided light punishment and non-penalization and non-imprisonment punishment.The lastpart analyzes the limit of lenient punishment for minor crimes,which is based on the judicial application limit and the penalty execution limit.The judicial application limit points out that the existing legal norms cannot be broken through,so that the public's psychological expectations will not be exceeded.The penalty execution limit mainly points out that we always adhere to the correct and comprehensive application of the elimination system of juvenile criminal record,and always adhere to the application of the reduction of sentence according to the performance of juvenile criminals.Finally,on the basis of the comparative analysis of lenient punishment for minor crimes,this paper puts forward the coping strategies of lenient punishment for minor crimes,that is,starting from the four dimensions including legislation,judicial application,penalty execution and other aspects,among which the legislative coping strategy is proposing to adjust the age of criminal responsibility for minor crimes to 12 years old,clarifying the limits and extent of "lenient punishment" and refining the existing non-custodial neasures for minor crimes in China.The countermeasure of judicial application is combining public expectations with appropriate punishment factors,and attaching importance to the standardization of sentencing.The countermeasures for punishment execution aresuggesting changing the disposal of juvenile offenders' criminal record,widening the space for commutation according to the attitude of guilty plea,and explicitly relaxing the conditions for commutation of minors.Other countermeasures are proposing effective judicial intervention and penalty measures,and adopting criminal legislation qualitative and criminal justice quantitative penalty measures.The countermeasures of judicial application and punishment execution are the corresponding countermeasures according to the limits of Chapter 3 of this article,while the legislative countermeasures and other countermeasures are the results of the comprehensive solution to the limit of lenient punishment for minor crimes.