青少年犯罪研究与立法设计
发布时间：2019-01-04 07:42
【摘要】： 随着社会发展的速度越来越快,经济和文化的发展也随之加快,但是这种快速发展给社会带来的不仅仅是经济贸易的发展和文化的交融,也给各种各样的犯罪提供了发展的空间。作为当代中国犯罪比例最大的青少年犯罪是近年来所有犯罪问题中最为突出的一个,青少年犯罪现象日益严重,性质恶化速度极快、类型也有所增加、犯罪手段的残忍程度不断升级、犯罪人数激增,其发展趋势让人担心。为了使青少年健康成长,不仅需要对现有的教育培养体制加以完善,更要对青少年的心理和所处的社会环境等相关问题进行深入的研究。本文从对青少年犯罪相关概念的分析入手,提出了自己的基本观点,同时结合近十年我国关于青少年犯罪的相关数据报告,从年龄划分、犯罪特点等角度,对青少年犯罪的趋势做出了分析总结。并在此基础上提出了青少年犯罪的趋势和完善我国青少年立法的建议。 除去绪论和结论,本文正文共分为四个部分。 第一部分是对青少年犯罪相关概念的释义,在对青少年的概念进行分析的基础上,比较了国内外对于青少年犯罪在年龄角度的问题。这部分提出青少年的概念是指年龄从7岁至25岁的公民的总称。分析了在不同国家青少年犯罪的范围,包括德国、俄罗斯、日本等国家对于青少年犯罪的刑事责任年龄的范围。 第二部分对青少年犯罪趋势进行了研究,通过对青少年犯罪超低龄阶段、低龄多发阶段和青少年犯罪高龄阶段的分析,提出了青少年犯罪在当代社会发展趋势、特点以及青少年犯罪的原因。笔者认为当今青少年犯罪情形之严重,是不容忽视的。这部分研究的青少年犯罪趋势有:暴力性趋势、智能性趋势、团伙性趋势。 第三部分通过对国外和国内相关立法的分析和研究,讨论了我国在青少年保护方面立法的不足,并且阐述了我国青少年犯罪立法方面的建议。笔者认为,在立法方面上中国应当制定一部《少年法》,并可借鉴国外优秀的关于青少年犯罪的立法体系。 第四部分为解决青少年犯罪问题的立法设想,包括解决原则之确立、刑罚处罚体系之完善、非刑罚处罚体系之借鉴、诉讼程序之构想、前科消灭制度五个部分。
[Abstract]:With the increasing speed of social development, the economic and cultural development is also accelerated, but this rapid development to the society not only the development of economic trade and cultural integration, It also provides room for all kinds of crimes to develop. As the largest proportion of juvenile delinquency in contemporary China, juvenile delinquency is one of the most prominent problems in recent years. The phenomenon of juvenile delinquency is becoming more and more serious, and the nature of juvenile delinquency is deteriorating rapidly, and the types of juvenile delinquency are also increasing. The increasing cruelty of criminal methods and the surge in the number of criminals are worrying. In order to make young people grow up healthily, it is necessary not only to perfect the existing education and training system, but also to deeply study the psychology and social environment of teenagers. This article begins with the analysis of the related concepts of juvenile delinquency, and puts forward its own basic viewpoints. At the same time, combining with the related data report on juvenile delinquency in China in the past ten years, from the angle of age division, crime characteristics and so on, The trend of juvenile delinquency is analyzed and summarized. On the basis of this, the author puts forward the trend of juvenile delinquency and the suggestion of perfecting our country's juvenile legislation. Apart from the introduction and conclusion, the text is divided into four parts. The first part is the definition of juvenile delinquency. On the basis of analyzing the concept of juvenile, the author compares the problems of juvenile delinquency at home and abroad in terms of age. In this part, the concept of youth is defined as a general term for citizens aged from 7 to 25. This paper analyzes the range of juvenile delinquency in different countries, including Germany, Russia, Japan and other countries. The second part has carried on the research to the juvenile delinquency tendency, through the analysis to the juvenile delinquency overage stage, the low age multiple stage and the juvenile delinquency old age stage, proposed the juvenile delinquency in the contemporary society development tendency, Characteristics and reasons for juvenile delinquency. The author believes that the serious situation of juvenile delinquency can not be ignored. The trends of juvenile delinquency in this part are violence, intelligence and gang. In the third part, through the analysis and research of foreign and domestic relevant legislation, the author discusses the deficiency of legislation on juvenile protection in our country, and expounds the suggestions on legislation of juvenile delinquency in our country. The author thinks that China should make a juvenile law in legislation and draw lessons from the foreign excellent legislation system on juvenile delinquency. The fourth part is the legislative assumption to solve the juvenile delinquency problem, including the establishment of solving principle, the perfection of penalty punishment system, the reference of non-penalty punishment system, the conception of lawsuit procedure, and the elimination system of criminal record.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：C913.5
本文编号：2399990
[Abstract]:With the increasing speed of social development, the economic and cultural development is also accelerated, but this rapid development to the society not only the development of economic trade and cultural integration, It also provides room for all kinds of crimes to develop. As the largest proportion of juvenile delinquency in contemporary China, juvenile delinquency is one of the most prominent problems in recent years. The phenomenon of juvenile delinquency is becoming more and more serious, and the nature of juvenile delinquency is deteriorating rapidly, and the types of juvenile delinquency are also increasing. The increasing cruelty of criminal methods and the surge in the number of criminals are worrying. In order to make young people grow up healthily, it is necessary not only to perfect the existing education and training system, but also to deeply study the psychology and social environment of teenagers. This article begins with the analysis of the related concepts of juvenile delinquency, and puts forward its own basic viewpoints. At the same time, combining with the related data report on juvenile delinquency in China in the past ten years, from the angle of age division, crime characteristics and so on, The trend of juvenile delinquency is analyzed and summarized. On the basis of this, the author puts forward the trend of juvenile delinquency and the suggestion of perfecting our country's juvenile legislation. Apart from the introduction and conclusion, the text is divided into four parts. The first part is the definition of juvenile delinquency. On the basis of analyzing the concept of juvenile, the author compares the problems of juvenile delinquency at home and abroad in terms of age. In this part, the concept of youth is defined as a general term for citizens aged from 7 to 25. This paper analyzes the range of juvenile delinquency in different countries, including Germany, Russia, Japan and other countries. The second part has carried on the research to the juvenile delinquency tendency, through the analysis to the juvenile delinquency overage stage, the low age multiple stage and the juvenile delinquency old age stage, proposed the juvenile delinquency in the contemporary society development tendency, Characteristics and reasons for juvenile delinquency. The author believes that the serious situation of juvenile delinquency can not be ignored. The trends of juvenile delinquency in this part are violence, intelligence and gang. In the third part, through the analysis and research of foreign and domestic relevant legislation, the author discusses the deficiency of legislation on juvenile protection in our country, and expounds the suggestions on legislation of juvenile delinquency in our country. The author thinks that China should make a juvenile law in legislation and draw lessons from the foreign excellent legislation system on juvenile delinquency. The fourth part is the legislative assumption to solve the juvenile delinquency problem, including the establishment of solving principle, the perfection of penalty punishment system, the reference of non-penalty punishment system, the conception of lawsuit procedure, and the elimination system of criminal record.
【学位授予单位】：中国政法大学
【学位级别】：硕士
【学位授予年份】：2009
【分类号】：C913.5
【引证文献】
相关期刊论文 前1条
1 裴孝亮;;从心理认知层面来谈如何更好地预防青少年暴力性犯罪[J];法制与社会;2012年22期
，本文编号：2399990
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