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The Sentencing Crimes by Minors

Author: ZhaoLiZuo
Tutor: XiaoJianGuo
School: East China University of Political Science
Course: Legal
Keywords: juvenile crime sentencing principle sentencing system
CLC: D924.1
Type: Master's thesis
Year: 2010
Downloads: 308
Quote: 1
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Abstract


At present, many countries attach great importance to minors, the protection of minors is related to the healthy development of the human society sustainable development。But it is undeniable, in recent years, to the national minors, high crime grim situation is very serious. The criminal conviction provisions for minors are principle, the judicial practice is not strong, operable in juvenile criminal cases occur with minor differences sentencing sentencing adults, Local minors with nonlocal minors sentencing divide; The same crime different court sentencing imbalance such problems. The author analyzed perfecting the system of juvenile crime sentencing, analyzes the necessity of criminal policy ideas and minors, puts forward the principle of minors sentencing for minors to: before sentencing custody shall carry out social background and the principle of making investigation system, and the government should consider minors sentencing probation or the punishment, minors under special circumstances not sentenced to life imprisonment.This arrangement is as follows: Introduction: according to the current situation of the seriouscrimes by minors, but lack of corresponding system of sentencing, I write this essay that causes and significance.By five parts, the text in the fourth and fifth part is the key.The first part: at present, the system of juvenile sentencing problems, including minor sentencing system theory and practical operability lack is not strong. In a sense, it is why I write this essay.The second part: perfecting the system of juvenile sentencing. Firstly, the minors sentencing system must comply with the physical characteristics of the minors, Secondly, minor sentencing system must consider the formation of juvenile crime, and external factors fully grasp regularity of juvenile delinquency, based on the special criminal legislation on special age of juvenile crime (distinguishes criminal conviction adults) correctly.Part 3: perfect minors sentencing system should be the criminal policy of,including the criminal policy of the concept, purpose and juvenile criminal liability of the criminal policy of the origin and the basic content of concept. Based on the "education reform, save", the criminal policy of minors, raises the fourth part of the basic principles of juvenile delinquency.Part 4: a perfect system of minors shall implement sentencing the basic principles. But punishment principle, including the principle of proportion principle, two-way minors (derived benefit priorities)Part 5: perfecting the system of juvenile sentencing. Before sentencing of minors shall implement into custody principle and social background investigation system, In the minors’ sentencing we should sentence them to probation if the crime is not too serious, and we express clearly that for minors unless special circumstances they should not be sentenced to life imprisonment.

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CLC: > Political, legal > Legal > Chinese law > Criminal law > General Provisions
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