중국의 미성년범 환형제도(缓刑制度)

• 영문명: Study on the juvenile offender probation of Chinse
• 발행기관: 충북대학교 법학연구소
• 저자명: 오창식(Oh Chang Sik)
• 간행물 정보: 『법학연구』第29卷 第1號, 193~212쪽, 전체 20쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2018.06.30

영문 초록

Chinese criminal law has been presented a solution to criminals possessing social hazard and need punishing with governmental authority, But I wonder whether the system to oppose the same criminal sanctions to juvenile delinquency with adult criminal has general preventive effect and special preventive effect or not as we think. Seemingly, if juvenile delinquent takes part in organized crimes of adult and puts a plan into action leadingly, we don’t have to separate juvenile crime from adult one. even though we impose revised legal effect to juvenile delinquent who relatively lacks judgement and consideration, if our judgements of juvenile crime contribute to social maintenance of development, we are willing to select preventive approach to juvenile delinquent than retributive punishment. Based on physiological and psychological immaturity, many countries of the world differentiate juvenile delinquents and adult crimes with age standard, and improve special preventive effect. Since the minors at the time of establishment of related law and the ones present are significantly different, there arise questions whether imposing gentle punishment to juvenile delinquents is fair justice or not. The minors are likely to oppose to the educations and policies that parents as well as teachers related to traditional systems are ready to give them. Sometimes they try to solve problems around them through advice of the friends and social media, also the minors have strong tendency to commit impulsive crimes. Recently, we can observe increased proportion of juvenile delinquents and tendency of impulsiveness and intellectualization which the minors crimes tend to. Even though juvenile delinquent became much more serious than ever and insalutary influence has soared, we cannot disregard their incorrectness and vulnerability of young breakers and punish them with the same level of adult criminal. Maybe it can be our errors if we did not consider the special preventive effect. therefore I will briefly look into the probation system of juvenile offenders ,that was designed to consider characteristics as well as social environments of the minors and guide them to become fair member of society. In addition to preventing cross infection of criminals, probation system improves re-socialization of criminal and special preventive effect. As far as immature juvenile delinquent is concerned, probation system is much more efficient and the effectiveness of correction is significant. Many countries raise the ratio of probation system and prepare the procedure device, Some countries even emphasize on the use of probation system with concrete regulation.

목차

Ⅰ. 들어가는 글

Ⅱ. 미성년범의 개념

Ⅲ. 중국 미성년범의 특징

Ⅳ. 중국의 환형제도 현황

Ⅴ. 중국의 환형 조건

Ⅵ. 환형의 관찰 및 취소

Ⅶ. 마치는 글

키워드

probation system special preventive effect juvenile delinquent under age short term imprisonment 환형제도 특별예방효과 미성년범 미성년 단기자유형