对未成年人犯罪从宽处罚问题的探讨

Discussion on the Lenient Punishment to the Juvenile Delinquency

我国刑法对于未成年人犯罪,在量刑上采取"教育、感化、挽救"的方针,确立了"教育为主、惩罚为辅"的原则。司法实践中,应当从多个方面落实刑法规定的量刑原则,对犯罪的未成年人从宽处罚,如不适用死刑、适用轻刑化量刑原则、对犯罪情节轻微者免予刑事处罚、尽量适用缓刑以减少关押、正确合理地适用附加刑等。

The principles of ＂educate, move and save＂ and ＂education supplemented by punishment＂ are taken in penalty meas urement to juvenile delinquency in Chinese criminal law. In judicial practice, several aspects should be considered to carry out penalty measurement principle and give lenient punishment to the underage, for example, inapplicability of death, applicability of lenient punishment, escape of criminal penalty for minor circumstance, applicability of probation to reduce imprisonment and rational applicability of accessory punishment.