未成年人犯罪非监禁处遇研究
发布时间：2018-12-18 11:42
【摘要】： 当前,未成年人犯罪与吸毒贩毒、环境污染并称为三大社会公害之一,成为困扰各个国家的世界性难题,是各国政府致力于研究预防和减少犯罪的首要环节。随着关注的逐渐深入,无论是理论界还是实务部门都越来越清醒地意识到单纯地依靠惩治和打击,已无法改善未成年人犯罪这一严重社会问题。 未成年人犯罪相对于成年人犯罪而言,它是一种特殊年龄的行为主体所实施的犯罪。由于未成年人在辨别能力与控制能力上,较成年人而言并不完备,因而对未成年人的处遇应当与成年人区别开来。监禁处遇对未成年犯罪人而言更意味着消极性,所以对于未成年犯罪人尽量避免监禁而处以非监禁待遇已经成为各国少年司法制度的共识。 本文分为五个部分。第一部分是未成年人犯罪非监禁处遇制度概述,第二部分是未成年人犯罪非监禁处遇的基础理论,第三部分是未成年人犯罪非监禁处遇的国外情况,第四部分是未成年人犯罪非监禁处遇的我国现状,第五部分是我国未成年人犯罪非监禁处遇制度的构建与完善。
[Abstract]:At present, juvenile delinquency, drug abuse and drug trafficking, and environmental pollution are regarded as one of the three major social hazards, which has become a worldwide problem puzzling all countries, and is the primary link for the governments of various countries to study the prevention and reduction of crime. With the gradual deepening of attention, both theoretical and practical departments are more and more aware that relying solely on punishment and punishment can no longer improve the serious social problem of juvenile delinquency. Compared with adult crime, juvenile delinquency is a crime committed by the subject of special age. Because minors are not perfect in discrimination and control, they should be distinguished from adults. Imprisonment is even more negative for juvenile offenders, so it has become the consensus of juvenile justice system to avoid imprisonment and impose non-custodial treatment on underage offenders as far as possible. This paper is divided into five parts. The first part is an overview of the system of non-custodial treatment of juvenile delinquency, the second part is the basic theory of the non-custodial treatment of juvenile delinquency, the third part is the foreign situation of non-custodial juvenile delinquency. The fourth part is the current situation of the non-custodial treatment of juvenile delinquency, and the fifth part is the construction and perfection of the non-custodial treatment system of juvenile delinquency in China.
【学位授予单位】：苏州大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.183;C913.5
本文编号：2385799
[Abstract]:At present, juvenile delinquency, drug abuse and drug trafficking, and environmental pollution are regarded as one of the three major social hazards, which has become a worldwide problem puzzling all countries, and is the primary link for the governments of various countries to study the prevention and reduction of crime. With the gradual deepening of attention, both theoretical and practical departments are more and more aware that relying solely on punishment and punishment can no longer improve the serious social problem of juvenile delinquency. Compared with adult crime, juvenile delinquency is a crime committed by the subject of special age. Because minors are not perfect in discrimination and control, they should be distinguished from adults. Imprisonment is even more negative for juvenile offenders, so it has become the consensus of juvenile justice system to avoid imprisonment and impose non-custodial treatment on underage offenders as far as possible. This paper is divided into five parts. The first part is an overview of the system of non-custodial treatment of juvenile delinquency, the second part is the basic theory of the non-custodial treatment of juvenile delinquency, the third part is the foreign situation of non-custodial juvenile delinquency. The fourth part is the current situation of the non-custodial treatment of juvenile delinquency, and the fifth part is the construction and perfection of the non-custodial treatment system of juvenile delinquency in China.
【学位授予单位】：苏州大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.183;C913.5
【引证文献】
相关硕士学位论文 前1条
1 曾霞;论未成年人取保候审适用的问题及其完善[D];广东商学院;2012年
，本文编号：2385799
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