Research On The Penalty And Punishment System Of Minors In China

Since the 18th National Congress of the Communist Party of China,the Party Central Committee with General Secretary Xi Jinping at the core has attached great importance to the protection of minors,and the state protection of minors has gradually taken shape.The General Secretary Xi Jinping emphasized that it is the common responsibility of the whole society to make children grow up better.The youth is strong,the country is strong.The healthy growth of minors is not only related to the happiness of a family,but also to the prosperity of the country and the revitalization of the nation.With the revision of the "Law on the Protection of Minors" and the "Law of the People’s Republic of China on the Prevention of Juvenile Delinquency",the state has paid more and more attention to the protection of minors,which has also put forward higher requirements for the education and rescue of juvenile offenders.Penalty,as the main means of punishing crimes,has an irreplaceable role in punishing crimes,preventing crimes,and educating criminals.As minors are special subjects in our society,the criminal sanctions for this group must be different from adult crimes.Especially under the principle of "maximizing children’s interests",which is established by the United Nations Convention,how to improve juvenile penalty and punishment system in our country,build a scientific,reasonable and effective juvenile crime sanctions system,and more effectively prevent juvenile delinquency has become a problem with unique research value.Our country has not really separated from the adult criminal penalty system in the application of punishment to juvenile delinquency.It only makes special provisions in the general criminal law,which reflects the attitude of moderately reducing the punishment of juveniles.Judging from the current legislation and judicial practice of criminal conviction and sentencing against minors in various countries and regions around the world,compared with ordinary adult crimes,there are obvious differences both in guiding ideology and in specific judicial activities.Although our country has made a lot of useful regulations and efforts in criminal legislation,penal punishment occupies the main position for juvenile delinquency at this stage.Penalty and mitigation of juvenile delinquency has not been reflected,and the effect of correction of illegal and criminal behavior is poor."Juvenile delinquency is socially responsible." Juvenile delinquency is not an individual problem,but a complex social phenomenon.The reasons for their crime come from various aspects,mainly manifested in their own personality defects and the influence of the external environment.Due to the characteristics of minors,whether types of penalties and sentencing are appropriate for minors will not only have a profound impact on the future destiny of minors,but also have a bearing on the stable development of the country and society,which is of far greater significance than simply punishing the crime itself.This article mainly analyzes the flaws in the juvenile penalty system,and then puts forward perfect suggestions.This article is about 31,000 words.In addition to the introduction and conclusion,the article is divided into the following five parts:The first part is to clarify "an overview of juvenile punishment".This part aims to define the concept of the following discussed in the article-crime,the concept of juvenile delinquency,and the juvenile penalty and punishment system and summarize the origin and development of our country’s juvenile penalty and punishment system.The second part,our country’s current penalty and punishment system for juveniles.Summarize four major status quo of the penal punishment system for juveniles in China,namely,on the basis that the death penalty is not applicable to minors,the lenient treatment of minors,the principle of "education first,punishment is supplemented" in penal and punishment,and two-way protection,special procedures for juvenile criminal cases,we will further analyze the current three major flaws in the Penalty and Punishment System in our country.The first one is the setting: the lack of penalties suitable for the physical and mental characteristics of minors,and the second one is the standard of discretion: mitigation and lighter punishment are not specific,and the third one is in the execution of penalties: the application of short-term free punishment is too much,and the biggest flaw is the long-standing problems that have not been substantively resolved in the juvenile penalty and punishment system in our country.The third part: The author analyzes the reasons for three major flaws in our country’s current juvenile penalty and punishment system.This part is also one of the key points of the article’s research.It mainly includes the following three aspects: firstly,the concept of“replacement of punishment by education” has not been implemented;secondly,the independence of juvenile criminal justice has not yet been completed;thirdly,complete and strict penalty execution situation has not yet formed.The fourth part : the introduction of the design of juvenile penalty and punishment system in foreign countries and its reference to my country.According to the following 3 aspects-criminal legal system of juvenile judicial system,juvenile judicial institutions and personnel specialization construction,and the establishment of non-penalty measures to study the development status of various countries and regions,in the purpose of absorbing useful experience of helping minors in the normal socialization,and thinking about how to improve minor’s penalty and punishment system in our country.The fifth part to bring about the idea of improving the path of penalty and punishment of minors in our country is also the second focus of the article.To build a scientific and reasonable juvenile penalty and punishment system,it is necessary to start from three aspects-establish a level of philosophy that adheres to the maximization of the interests of minors,build a legislative level of criminal penalty and punishment legal system that is different from adults,and build practical aspects of constructing an integrated execution system of punishment,assistance and education.The article puts forward more detailed suggestions on how to improve the country’s juvenile penalty and punishment system in view of existing concepts,legislation,and enforcement problems.In this regard,the author proposes to pay attention to the susceptibility and variability characteristics of minors,and implement lenient penal measures.At the same time,the author advocates to build a complete judicial social support system for minors and completing the special school system to deal with the current problems in the correction of criminal behavior of minors.