未成年人犯罪适用刑罚问题研究

Studies on Criminal Penalty Suit to Minor's Crime

未成年人犯罪具有特定的身心和社会原因。对未成年人适用刑罚涉及人权保障、刑事政策和刑罚正当化等问题,应科学地进行设定。现行刑罚体系中无期徒刑、罚金、剥夺政治权利的刑种和累犯制度适用于未成年犯罪人不合理,应予革除。对未成年人犯罪提倡适用非刑罚方法和缓刑、减刑、假释制度。

Minor's crime has specific body,mind and social reasons, furthermore, the criminal penalty of it involving protection of human rights, criminal policy and the proper penalty etc. Therefore, according to the above factors, the penalty should be settled scientifically. However, in the system of current criminal penalty, such as life imprisonment, fine, deprivation of one's political rights and recidivist system are unsuitable for minor's crime. So it deserves to expel. In that case, punishment without penalty, probation, giving reduction of sentence and conditional release should be advocated.