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Minors Criminal Legislation

Author: SongHuiGeng
Tutor: YuGuoDan
School: China University of Political Science
Course: Legal
Keywords: Juvenile Delinquency Minors Criminal Non- penalization method
CLC: C913.5
Type: Master's thesis
Year: 2011
Downloads: 114
Quote: 0
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Abstract


Minors are the future and hope of the nation , compared to mature and has good ability of adults to identify and control the group, they are distinctive features , and to their own situation deeply affected the growth of a country and the nation 's future. Because of this, since the 1970s , when juvenile crime is becoming a serious social problem , the related research work is also rapidly expanded. Juvenile delinquency is not only concerned with their own healthy growth , but also affect the happiness in their family and social tranquility. The ensuing a topic is to deal with the problem of juvenile delinquency , namely how to achieve their full judicial protection so as to effectively prevent crime, how better to education, persuasion and save them to promote their healthy development . In 1984 , in China Shanghai 's Changning District People's Court , the country's first \humane criminal justice process . However, with the juvenile court of the \Under the current \related to the introduction of judicial interpretation , but the overall system is still not enough , it is difficult to meet the practical needs. Moreover, the physical and psychological characteristics of minors of view, it is not appropriate to apply general criminal law requiring minors to establish a special criminal law , to enhance its practical application operability. On juvenile delinquency law has not been unified long-term , or even the existence of the criminal justice academic title of confusion , that the \juvenile crime \Known, however, about the definition of the concept of these three actually not completely consistent, which appeared in both theory and practice , meaning a group, but in fact does not look the same kind of people . Experts like this, let alone the general public . Coupled with China for minors the criminal substantive law and procedural law does not have a unified specific legislation on juvenile delinquency and criminal identification procedures used more to deal with adult cf provisions , without the rest of the world adult crime more advanced countries far removed from the practice . Although in recent years , China has recognized the importance of juvenile criminal legislation , however, remains largely confined to the relevant laws of the comprehensive management of the legal and judicial interpretations , many practices there is no uniform , the provinces take action , but because of the criminal legislation permissions limitations mostly just followed national spirit , to develop a principled provisions of the judicial practice of juvenile delinquency cases specific treatment guidance is not strong. In this paper, the main concept of the criminal groups to start , a clear notion of juvenile delinquency is reasonable, induction of offenses against minors reproduce existing criminal law , and thus analysis of the offenses against minors in criminal substantive law legislation limitations proposed minors China should enact criminal law , and thus for the development of minors, criminal law put forward their point of conception .

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CLC: > Social Sciences > Sociology > Social life and social issues > Youth problems
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