Research On Security Measures Of Minors Involved In Crimes

The term “minors involved in the crime” in this article refers to juveniles who have not reached the minimum age of criminal responsibility.At present,the crimes which this part of the minors involved in show the characteristics of the bad nature of the case,the indifference of legal consciousness,the lack of correction mechanism,etc.Therefore,once a case is filed,it will often become the focus and hot spot of public opinion.Therefore,once a case occurred,it will often become the focus and hot spot of public opinion.At the same time,there are some negative factors in the current legal system,including: there is more leniency than correction in the legal treatment,there is no juvenile criminal treatment system which is different from adults in in the legal design,the existing legal facilities are difficult to effectively deal with the current characteristics of young minors involved in crimes in practice,etc.The existence of these negative factors is not conducive to reversing the current criminal illegal situation of juvenile delinquent.It is not only difficult to calm the loss and pain of the victims,but also hidden huge risks in the future of the minors and has an impact on the other minors' mind of the rule of law.As a result,the credibility of the judiciary is weakened to some extent.It is admitted that the current law is not blank in dealing with minors involved in crimes.There are still measures such as admonition,social help and education,work-study education,detention for reeducation and ordering discipline.Unfortunately,some of these measures are too light to really achieve the purpose of combining education with punishment,some are rarely applied to the minors in practice,some are neither mandatory nor have adequate enforcement agencies,and some are vague in legislation.In addition,in China's current legal system,there is no security punishment for minors involved in crimes,which leads to confusion and weakness in the practical level of dealing with such problems.On this issue,Canada,Germany,Japan and Chinese Taiwan have relatively mature legislation.In Canada,Youth Criminal Justice Act has been enacted,it provides two different sets of measures outside and inside court procedures.German Youth Court Act stipulates two types of security measures: educational measures and disciplinary measures,and also stipulates that some security measures in ordinary criminal law can be applied to juvenile crimes.The security measures in Japanese Juvenile Law are characterized by transferring to relevant organs,and besides it also provides an investigation and observation system for judges to make final decisions.In Chinese Taiwan,Juvenile Delinquency Act has established non-trial and trial punishment systems.In short,the juvenile security punishment in these countries and region has the characteristics of relatively independence,tolerance without connivance,and special judicial institutions and procedures.Through the investigation of the legal system of the above-mentioned countries and region,combined with the reality of our country,we can establish and perfect the system of security punishment of minors involved in crime in our country from the three aspects of legislation,procedure and execution.In legislation,China's juvenile security punishment system can be divided into the main security department and additional security punishment.The former includes warning with consulting,supervision with probation,sending to a proper welfare or cultivation institute and detention for reeducation,while the latter includes prohibition,treatment,economic punishment,confiscation and parenting course.At the same time,safeguard measures such as confinement and transfer should be established.In procedure,security measures shall apply the relevant provisions of the procedures for juvenile criminal cases in the Criminal Procedure Law,and on this basis,the social investigation procedure shall be strengthened.On the one hand,it is clear that the investigation procedures are the necessary and primary procedure for handling juvenile cases involving crimes.On the other hand,an investigation observation and meeting system shall be added to make the procedures more complete.In terms of execution,a system with security enforcement officers as the core point and social institutions,specialized institutions and specialized bodies as the fundamentals can be established,so that the execution process can be more methodical,efficient and effective.