论未成年人犯罪刑罚适用的边界-法学专业论文.docxVIP

II II Abstract Juvenile delinquency is the areas corresponding to the adult criminal. Juvenile delinquency problem is even more prominent, it called the worlds three major public nuisance. However, to examine the current criminal law, can be found in criminal penalties of minors into the adult penal system, to apply the same evaluation criteria, there is itself unable to overcome the drawbacks of adults. Therefore, how to resolve the dilemma in the main body of the minors has become an important topic in the study of criminal law theory. In this regard, the positive interaction of the criminal law safekeeping function and the protection function develop a new vision. By the demonstration of the connotation and the dialectical relationship between the dual function of criminal law, to extract an application of standard, that is safekeeping function of priority, taking into account the criminal law protection function. From the characteristics of the evolution of juvenile delinquency, combined with a rational reflection of the dual function of the criminal law, we want to put forward the concept of juvenile delinquency penalty set. On the types of penalties, to repeal part of transformation incompatible with minors or with minors characteristics do not meet the criminal, Including life imprisonment, stripping the rights of the many political, forfeiture of Property, applicable way of reform of the criminal fine, fine suspended system; to expand the application of the intensity of a sentence of imprisonment. Additional community service system suitable for China on the basis of foreign successful experience, and improve the level of socialization of our execution. The discretion of the penalty, focusing on the characteristics of minors, to reform the probation system and the introduction of the Elimination of Criminal Record, and mach criminal choice and penalty discretionary, in order to establish a penalty system to meet the physical and mental characteristics of min