China’s criminal norms of juvenile delinquency suffer problems such as outdated legislative models,a lack of special pro-visions on convictions,an extensive criminal punishment system,and an oversimplified rights rec...China’s criminal norms of juvenile delinquency suffer problems such as outdated legislative models,a lack of special pro-visions on convictions,an extensive criminal punishment system,and an oversimplified rights recovery system.Therefore,it is necessary to find an appropriate path to improve and strengthen the protection of special,prior rights of minors,based on updating relevant concepts.From the perspective of the law of juvenile delinquency,the law of hu-man development reflects the decisiveness of juvenile delinquency,and the law of age-crime curve showcases the stages of juvenile delinquen-cy.In terms of the treatment of juveniles who have committed crimes,the approach to juvenile delinquency in criminal law should shift from“commutation for children at discretion”to“child-friendly”and from social defense to individual rehabilitation.Based on conceptual updat-ing,the criminal norms for juvenile delinquency should be improved in four aspects:first,establishing special rules to broaden the path of exculpation;second,promoting the leniency of sentencing by taking into account the perpetrator factor;third,introducing special types of punishment and methods of enforcement to strengthen preventive and educational punishments;fourth,building a multilevel rights recovery system to ensure the rehabilitation and development of juvenile offend-ers.展开更多
基金“Research on the Basic Principles of Juvenile Justice with Chinese Characteristics”(22AFX012),a key research project under the National Social Science Fund of China.
文摘China’s criminal norms of juvenile delinquency suffer problems such as outdated legislative models,a lack of special pro-visions on convictions,an extensive criminal punishment system,and an oversimplified rights recovery system.Therefore,it is necessary to find an appropriate path to improve and strengthen the protection of special,prior rights of minors,based on updating relevant concepts.From the perspective of the law of juvenile delinquency,the law of hu-man development reflects the decisiveness of juvenile delinquency,and the law of age-crime curve showcases the stages of juvenile delinquen-cy.In terms of the treatment of juveniles who have committed crimes,the approach to juvenile delinquency in criminal law should shift from“commutation for children at discretion”to“child-friendly”and from social defense to individual rehabilitation.Based on conceptual updat-ing,the criminal norms for juvenile delinquency should be improved in four aspects:first,establishing special rules to broaden the path of exculpation;second,promoting the leniency of sentencing by taking into account the perpetrator factor;third,introducing special types of punishment and methods of enforcement to strengthen preventive and educational punishments;fourth,building a multilevel rights recovery system to ensure the rehabilitation and development of juvenile offend-ers.
