青少年犯罪的暂缓起诉制度研究

Study in Probation Lawsuit System for Crime Committing of Youth and Adolescents

对青少年犯罪实行暂缓起诉制度符合我国“轻轻重重”的刑事政策和预防犯罪以及回归社会的刑罚目的,是针对青少年特有的生理、心理特点而采取的合理措施。我国应明确对青少年犯罪实行暂缓起诉制度的对象条件、罪刑条件、适用程序、考察措施与考察期限等条件,构建一套适应我国国情的青少年犯罪暂缓起诉制度以及相应的救济措施。

Implementation of probation lawsuit against delinquencies is congruous to the Chinese criminal policy of ＂alleviating light crime and aggravating capital one＂ and to the target of preventing crime and returning to society. It is a rational measure taken against special physiological and mental features of youth and adolescents. It is necessary in China to clarify object condition, verdict premise, application procedure, observance measure and term for implementing probation lawsuit against system against delinquencies among others in order to build up a probation lawsuit delinquencies, which would meet the state condition of China.