刑事政策视角下未成年人犯罪处理的调整措施

我国对未成年人犯罪刑事实体法有许多量刑从宽的规定,程序法中有专门针对未成年人刑事案件的特别程序规定,其都体现了从宽处理的倾向。但目前我国未成年人犯罪出现低龄化、暴力化、团伙化等趋势,未达到刑事责任年龄的未成年人实施严重危害社会行为的比例也在增加,如果一味从宽从轻,不利于对犯罪的预防和社会治安的维护。本文从刑事政策的角度对未成年人犯罪的处理和无法追究其刑事责任的未成年人行为及心理矫正的措施进行探讨。

The Corrective Measures of the Minor Coirre on the Perspective of the Criminal Policy

China has always attached importance to the minor crime prevention and correction. There are a lot of sentencing provisions of leniency situation of substantive law and a special program for juvenile criminal procedure rules in procedure law,which reflects the tendency of minors crime leniency. However,at present, in our country, the minor crime shows the tendencies of delinquency, violence, gangs and other trends. If blindly lenient, maintenance is not conducive to the crime prevention and the social order. In addition, the minors who did not reach the age of criminal responsibility commit serious harm to the social behavior of the ratio is also increasing. To this kind of minor who does not to reach the age of criminal responsibility and does not constitute a crime,and can not be prosecuted for the criminal responsibility. How to correct their behavior and psychological punishment is worth indepth studying. This paper is based on the criminal policy of juvenile delinquency,to discuss the above problems.