Study On The Probation System Of Minors Involved In Crimes

The particularity of juveniles and juvenile delinquency determines the particularity of the concept of juvenile justice.With the amendment of Amendment(XI)to the Criminal Law of the People’s Republic of China,Law of the People’s Republic of China on the Protection of Minors,Law of the People’s Republic of China on Prevention of Juvenile Delinquency and other laws,it puts forward newer and higher requirements for accurate help and education,effective control,and legal punishment of minors involved in crimes.Compared with imprisonment,as a juvenile justice diversion system,the probation system has the nature of alternative measures to penalty,which is more conducive to the education and correction of minors involved in crimes.It is the embodiment of the legal supervision function of the procuratorial authorities to meet the needs of juvenile procuratorial work and actively carry out the work of probation to minors involved in crimes to prevent crimes and control their recidivism.From the current situation of Inner Mongolia procuratorial authorities to carry out the work of probation,it has the dual attributes of justice and administration,and has begun to have a systematic framework system.However,there are still some problems,such as different norms,abstract norms,no strong operational guidance,lack of expertise of participants,weak social support system and so on,which lead to the poor effect of probation to the minors involved in crimes.Therefore,based on the analysis of the basic situation of the Inner Mongolia procuratorial authorities to carry out the probation system,this paper concludes and summarizes the operation characteristics and development dilemma of the probation system of Inner Mongolia procuratorial authorities,points out the shortcomings in the operation of the probation system.According to The Opinions of the Supreme People’s Procuratorate on Strengthening the Procuratorial Work of Minors in the New Era,this paper also explores how to further complete and improve the mode of the probation system of Inner Mongolia procuratorial authorities,and put forward constructive countermeasures and suggestions which strengthen the effectiveness of probation system,in order to educate,influence and rescue minors involved in crimes,to achieve the objective requirements of restorative justice,and to help minors involved in crimes return to the society successfully.