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A Comparative Study on Countermeasures of Sino-Japanese Juvenile Law

Author: GuoLinTao
Tutor: YuGaiZhi
School: Shandong University
Course: Criminal Law
Keywords: Juvenile delinquency juvenile criminal law the Japanese juvenile law comparative study
CLC: D914
Type: Master's thesis
Year: 2010
Downloads: 237
Quote: 1
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Abstract

Juvenile Criminal Law is a long-neglected area of research in Criminal Law of China. Current criminal theorists basically research issue of criminal liability of minors and the issue of penalty under the adult framework of criminal law theory. In sharp contrast, foreign theorist well-developed independent of the special and criminal Integration juvenile criminal law as the main basis for dealing with juvenile delinquency acts. In the Perspective of compare research, this paper comprehensive introduce the Japan’s legal response to juvenile crime, assessments of its advantages and disadvantages, and draw a reference value for our systems and measures. With a view to benefit for our full range of legal response to juvenile crime, this paper put forward a comprehensive proposal from the legislative style, legislative philosophy, and criminal liability and punishment measures.This paper is nearly 50000 words, have four parts. Specific arrangements are as follows:The first part is to define the concept of juvenile delinquency. Contrast "young", "young", "minor", and clarify the title of juvenile delinquency, the main body scope of the juvenile crime and "criminal" content. The purpose is to clear regulatory target.The second part is the legal response to juvenile crime in our country. From the existing criminal law, judicial interpretations, this part Introduce legislation in the status quo of China’s juvenile delinquency, pointed out the legislative style, legislative philosophy, criminal and juvenile penal in China’s juvenile delinquency.The third part is about Japan’s legal response to juvenile crime. Make the Japanese "Juvenile Law" as the research object, this paper introduce the purpose of Japanese juvenile law, scope, at the event program, criminal penalties and enforcement measures and new trends in Japan’s juvenile justice legislation. Then, with the comparative study of China-related content, this paper analysis in the Japanese legal response to juvenile crime, the legislative ideas, legislative style, the scope of criminal liability and the advantages and disadvantages of the sanctions regime, pave the way for the following. The fourth part is my perfect legal response to juvenile delinquency. Around front questions, this part put forward targeted comprehensive proposal, choose the legislative style, clearance the legislative concept, clarify the criminal responsibility, and complete the penalties.To establish Juvenile criminal law in China is an important and difficult task. As the level of knowledge is limited, I only did some still immature discussion. This paper is my thoughts of establish the legal response to juvenile crime in China.

A Comparative Study on Countermeasures of Sino-Japanese Juvenile Law

Abstract

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