论未成年人犯罪的刑事处罚规制问题研究

Research on the Regulation of Criminal Punishment for Juvenile Delinquency

摘要: 近年来，随着我国经济的不断发展和社会的不断变迁，我国未成年人犯罪率也逐渐上升，有关未成年人犯罪的刑事处罚规制问题逐渐进入人们的眼帘。虽然我国在未成年人犯罪的刑事处罚方面进行了很多有益探索，但是该方面依旧存在较多的问题需要解决。相比于普通的刑事法律法规而言，未成年人犯罪刑事法律法规具有犯罪刑罚原则僵化、犯罪年龄与场域法律法规建设不健全等特征。近年来有关未成年人犯罪的刑事案件层出不穷，这些刑事案件凸显出我国关于未成年人犯罪的刑事处罚规制问题仍需完善。本文从未成年人犯罪的概述、当前我国未成年人犯罪刑事处罚的相关法律法规、存在的问题及如何完善未成年人犯罪的刑事处罚方面的法律法规多个方面展开论述。

Abstract: In recent years, with the continuous development of our country’s economy and the constant changes of the society, the crime rate of minors has also gradually risen, and the regulation of criminal punishment on the minors has gradually entered the eyes of people. Although our country has carried on a lot of beneficial exploration in the criminal punishment of juvenile crime, there are still many problems to be solved in this area. Compared with the ordinary criminal laws and regulations, the minor criminal laws and regulations have the characteristics of the inflexible principle of criminal punishment, the imperfect construction of laws and regulations of the criminal age and the field, the rigid principle of criminal punishment, and the defective criminal correction procedure. In recent years, there have been an endless stream of criminal cases concerning juvenile crimes, which highlight that the regulation of criminal punishment for juvenile crimes in China still needs to be improved. This paper discusses from the overview of juvenile crime, the current laws and regulations of juvenile crime in China, the existing problems and how to perfect the laws and regulations of juvenile crime criminal punishment.