Научная статья на тему 'The Problems of juvenile delinquency and struggle against it in China'

The Problems of juvenile delinquency and struggle against it in China Текст научной статьи по специальности «Право»

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JURISPRUDENCE / JUVENILE DELINQUENCY / COMPLEX PREVENTION MEASURES / LEGISLATIVE REGULATION / CURRENT STATE / SPECIFIC WEIGHT / TYPOLOGICAL VARIETY / TENDENCIES / DYNAMICS / CRIME CAUSES

Аннотация научной статьи по праву, автор научной работы — Pan Dun May

The current situation with juvenile delinquency in China arouses reasonable public concern. The number of crimes committed by young people in China is rising incessantly. And the attributes of those crimes are violence and greed. Over the last years have been characterized by the rejuvenation of crime offenders, the incensement in crime activity among younger children, considerable increase of youth group crime statistics, the development as to the methods of committing crimes among youth. In order to prevent juvenile delinquency efficiently, a range of complex measures should be taken, based on the provisions designed by criminology, sociology, psychology, criminal law and state criminal law sanctions.

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Текст научной работы на тему «The Problems of juvenile delinquency and struggle against it in China»

COUNTERACTING CRIME ABROAD

Pan Dunmay*

THE PROBLEMS OF JUVENILE DELINQUENCY AND STRUGGLE AGAINST IT IN CHINA

Annotation. The current situation with juvenile delinquency in China arouses reasonable public concern. The number of crimes committed by young people in China is rising incessantly. And the attributes of those crimes are violence and greed. Over the last years have been characterized by the rejuvenation of crime offenders, the incensement in crime activity among younger children, considerable increase of youth group crime statistics, the development as to the methods of committing crimes among youth. In order to prevent juvenile delinquency efficiently, a range of complex measures should be taken, based on the provisions designed by criminology, sociology, psychology, criminal law and state criminal law sanctions.

Key words: jurisprudence, juvenile delinquency, complex prevention measures, legislative regulation, current state, specific weight, typological variety, tendencies, dynamics, crime causes.

Juvenile delinquency is the global social phenomenon arousing general concern. Nowadays, the juvenile delinquency as negative phenomenon has become one of the most serious issues that the Chinese state and the people are facing. Juvenile delinquency poses great risk to Chinese public and cause a strong reaction from the part of

the society. In this regard, research and analysis of juvenile delinquency and its aspects, the development of efficient measures aimed at decreasing the number of juvenile crimes and the prevention of this negative social phenomena is recognized as an essential task, the solution of which will be crucial for the acceleration of economic growth and development of Chinese society.

Proportion of young offenders in the overall composition of criminals in China in 1998-2007

(according to the «Chinese Statutes Annuary»)

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© Pan Dunmay., 2014

* Pan Dunmay — PhD of Law, Associate professor at Heilongjiang University in China, external researcher at the

Slavic Research Center, Hokkaido University, Japan.

[pangnaja@mail.ru]

150080, 74, Xuefu Road, Harbin.

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Juvenile criminals ratio among other criminals in China in 1998-2007

(According to «Chinese Statutes Annuary»)

In accordance with part 1, section 17, of the Chinese Criminal Code1, the person who reached the age of 16 before committing crime is subject to criminal responsibility. There is a whole range of committing offences for which a person is liable before the law at the age of 14. Those offences are specified in the Criminal Code of China (part 2, section 17, of the Chinese Criminal Code) and are as follows: willful murder (section 232 of the Chinese Criminal Code), inflicting willful damage that caused grievous bodily harm or death (part 2, section 232 of the Chinese Criminal Code), rape (section 236 of the Chinese Criminal Code), banditry (section 263 of the Chinese Criminal Code, drug dealing (section 355, 356 of the Chinese Criminal Code), arson, explosion, poisoning (section 114, 115 of the Chinese Criminal Code). Official statistic data concerning criminal activity in China is confidential, thus, the author of the article uses other information published in Chinese legal literature.

The state and tendency of juvenile delinquency in China

1. Incessant growth of juvenile delinquency in modern China. According to the «Chinese Statutes Annuary», during the ten-year period from 1998 to

1 The criminal responsibility of juveniles is stipulated by section 17 of the Criminal Code of China: The person who before committing crime has reached the age of 16 shall be subject to criminal responsibility. Persons who before committing crime, have reached the age of 14, but have not yet attained the age of 16, shall be subject to criminal liability for homicide, intentional infliction of grievous bodily harm causing the impairment of health or death, rape, banditry, drug dealing, arson, explosion, poisoning. Persons who before committing crime has reached the age of 14, but have not yet attained the age of 18, shall be subject to mild punishment or lower-than-average punishment. Since persons who before the committing crime have no yet attained the age of 16 are not subject to punishment, their parents or guardians shall have to bring up their children better and enhance control over them; these persons could be taken care of by the state, if necessary.

2007 the absolute number of sentences imposed on juvenile offenders in China has been constantly growing: the number of young criminals has grown 2,6 times as compared to 1998 (see diagram 1)2. At the same time, the number of young offenders among other criminals has been continuously growing annually until 2005. By 2005, the number has reached 9,82%, which is by 3,46 % higher than in 1998. Although, starting from 2005, the percentage was insignificantly lower, it was still 9 % (see figure 1). It is noteworthy that in terms of family planning state policy, the number of population under 18 among the whole population is decreasing gradually: in 1990, the figure was 38,32 %, in 1998 it has reduced to 31,81 %, whereas in 2003 it came down to 28,9 %3. As we can see, on one hand, the number of young people among the whole population is decreasing, on the other hand, the number of juvenile criminals among the other criminals is nonetheless rising.

The tendency of juvenile crime rate continuous growth is also shown in figures by the Chinese association of juvenile delinquency research. According to these figures, in 1999-2008, 653,378 juvenile offenders were found guilty by the court; in 1999 — 40,014 juvenile offenders; in 2000 — 41,709; in 2002 — 50,030; in 2003 — 58,870; in 2004 — 70,086; in 2005 — 82,692; in 2006 — 83,697; in 2007 — 87,506; in 2008 — 88,891. From 2000 to 2008, the number of juvenile criminals showed the respective increase of 4,23 %, 19,59 %, 0,29 %, 17,66 %, 19,05 %, 17,99 %, 1,22 %, 4,55 %, 1,58 % annually; Thus, the average annual increase amounted to 9,57 %. At the same time, despite

2 The data in the diagram 1 and figure 1 is taken from the «Chinese Statutes Annuary». See: Zhang Yuanhuang, Yao Bing. Main aspects of juvenile crime and crime transformation tendencies // Juvenile crime issues. 2009. № 5. P. 61.

3 Dai Ysheng. The analysis of juvenile crime tendencies in our country // Juvenile crime issues, 2004. № 5. P. 6.

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insufficient change in juvenile crime ratio among other crimes in China, it remains high: the juvenile criminals ratio among other criminals in the state in 1998-2008 amounted to 6,62 %, 6,52 %, 6,68 %, 7,13 %, 7,93 %, 9,17 %, 9,81 %, 9,39 %, 8,82 % respectively, thus the average annual increase amounted to 8,15 %4.

The above-mentioned data analysis concerning juvenile delinquency in China has shown that the ratio is characterized by undulating changes, however, in general the juvenile crime growth tendencies are the same on the whole territory of China. Similar juvenile crime growth tendency was witnessed in separate regions of China. For example, in 2003-2007, public security bodies in Chungking have arrested 29,578 juvenile offenders on criminal charges, thus, their ration among the whole number of the arrested persons amounted to 17,4 %. In 2003, 6,534 juvenile criminals were arrested (the ratio made 17,0 %), in 2004 — 6,286 (17,9 %); in 2005 — 5,205 (15,0 %); in 2006 — 5,648 (17,6 %); in 2007 — 5,905 (20,1 %)5. Juvenile delinquency growth tendency is also witnessed in Hainan province. According to the prosecution authorities of Hainan province, there were 4,087 juvenile offenders arrested in 2007-2011, their ration among other criminals was equal to 10,52 %6.

2. The tendency of rejuvenation as to juvenile crime, criminal activity growth among younger children. According to the survey made by the Chinese association of juvenile crime research concerning juvenile offenders, in 18 provinces and cities of China among 1,793 of the respondent juvenile offenders the age composition was as follows: 12,1 % (age 14); 26,8 % (age 15), 36,6 % (age 16), 21,9 % (age 17); 2,6 % (age 18)7.

Particularly, the ratio of juvenile criminals aged 14-16 among other respondents made 75,5 %. Moreover, according to the survey made among 908 juvenile offenders at the age of 14-18 held in juvenile correctional facilities in Chongqing city, there were 123 people at the age of 14 (13,55 % of respondents); 245 people at the age of 15 (26,98 %), 323 at the age of 16 (35,57 %); 202 at the age of 17 (22,25 %); 15 at the age of 18 (1,65 %)8. Howev-

4 See: Cao Xuecheng, Liu Guiming, Lu Ci, Niu Kai. The report on sample juvenile crime survey analysis in our country // Juvenile crime issues, 2010. № 4. P. 4.

5 Wang Zhijie, Liu Xiaohua. The research of juvenile crime and its treatment: the case of Chongqink city // Chinese youth academy of politics bulletin. 2008. № 6. P. 102.

6 Wang Zhungceng. An empiric view on juvenile delinquency in terms of cultural development based on criminal cases against juvenile offenders in 2007-2011 in Hainan province // Research on juvenile crime prevention. 2012. № 8. P. 55.

7 See: Cao Xuecheng, Liu Guiming, Lu Ci, Niu Kai. The report on sample juvenile crime survey analysis in our country // Juvenile crime issues. 2010. № 4. P. 5.

8 Wang Zhijie, Liu Xiaohua. Wang Zhijie, Liu Xiaohua. The

research of juvenile delinquency and its treatment: the case of

er, according to the similar survey made in Beijing, Hubei and Huizhou provinces, the tendency of rejuvenation as to juvenile delinquency still remains. Particularly, it is proved by three factors. First and foremost, the peak of criminal activity among juvenile offenders is accounted for by 14-16 year-old persons. According to the survey among juvenile offenders, the ratio of criminals at the age of 14-15 amounted to 57,2 %; at the age of 16-17 — to 52,7 %. As compared to mid 90th of the 20th century, the first number has grown by 14%, the second, in turn, has decreased by 14 %. Second, the age of offenders committing their first crime has become lower and is now mainly 14-16 years. The ratio of those criminals among the others has amounted to 77,5 %. Third, the average age of committing crimes is still getting lower. This survey shows that the average age of committing crimes by the juvenile offenders is 15,56 years. This number, as compared to the survey made by the Chinese association of juvenile crime research among offenders in 10 provinces and cities of China in 2002, has decreased by 0,17 years9.

3. There is a tendency of broadening as to juvenile crime typological variety, for which crimes against property, human rights and public security are the main types. According to the information provided by some Chinese researchers, the number of crimes committed by the juvenile offenders has increased over the past years: from 100 crimes in 1998, it has grown to 130 crimes by 2008 (30 % increase)10. Particularly, the most common crimes among them are: banditry, theft, willful damage, homicide, rape, skirmish, scandal initiation. Besides, nowadays there are some non-conventional types of juvenile crime, such as network computer fraud, computer security system damage, mafia-like organized crime, issuing counterfeit financial statements, drug-dealing, arson, destruction of public telecommunication objects, shoful and so on.

4. The ways crimes are committed by the juvenile offenders are characterized by the imitation of the acts of adult criminals, thorough preparations for the crime, concealing evidence and the increase of violence. OOver the past few years, some juvenile offenders have been imitating the crimes witnessed on the Internet, in literature, cinema and television, and under the influence of the information concerning adult criminals distributed by the mass media. Besides, some of the juvenile offenders are actively using present-day means of communication and transport in committing crimes, as well as

Chongqing city // Chinese youth academy of politics bulletin. 2008. № 6. P. 102-103.

9 See: Zhang Janghuang. The research on the state of juvenile delinquency // Prosecutors office against crime. 2011. № 11. P. 13.

10 Cao Xuecheng, Liu Guiming, Lu Ci, Niu Kai. The report on sample juvenile crime survey analysis in our country // Juvenile crime issues. 2010. № 4. P. 5.

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various means of delivering the property obtained by illegal means, destroying evidence and so on. According to the information provided by one of the Chinese researchers, the ratio of crimes committed by juvenile offenders among other crimes in the state, including banditry, rape, homicide and personal injury, makes 43,5 % among other criminals. Such considerable rate of violent juvenile crimes arouses concern among experts in China.

5. The growing rate of group crimes among other types of juvenile delinquency and the growing degree of organizational level of their recurrent group crimes. Chinese researchers agree that the main form of juvenile delinquency is criminal complicity. This idea is proved by the results of the survey concerning group crimes arranged in different provinces and cities of China.

According to the Changing department of public safety statistics, the rate of crimes committed by two or more accomplices in 2002-2006 among other juvenile crimes has exceeded 60 %, particularly, the rate of young offenders at the age of 14-16 was 29,14 %; at the age of 16-18 — 70,86 %. According to the survey conducted among 2,425 convicts and arrested young suspects in Jiangsu province in 2007, 87,2 % of all respondents had criminal complicity. Among 4,087 of all the juvenile suspects arrested by the prosecutors office in Hunan province in 2007-2011, there were 3,435 people suspected in criminal complicity, their ratio among other suspects amounted to 84,05 %. Thus, criminal complicity among juvenile offenders is the most common phenomena. The majority of juvenile offenders have committed crimes in groups (without previous concert). However, over the last few years, a number of juvenile gangs have appeared in China tha imitate the crimes of adult gangs. According to the survey performed by the Chinese association of juvenile crime research, 36,03 % of juvenile offenders have been thinking about creating mafia-like organization or becoming the member of such organization; 8,38 % of respondents have already become members of such organizations11.

According to the Research database of recurrent offences in Tientsin in 2005, 77,5 % of juvenile offenders have had recurrent crimes as members of crime groups12. In some of juvenile crime groups, there is higher level of organization, relatively stable inner structure. The survey held in 2005 has shown that 58,3 % of recurrent juvenile offenders keep in touch with their accomplices; 41,7 % of respondents had a certain areas of work; 11,7 % of

respondents told their gangs had certain task distribution patterns; 3,3 % of respondents admitted they had a leader in the gang; 74,7 % of respondents admitted that members of their gangs have been meeting at least once a week13. All those facts prove that the level of juvenile organized crime in China has increased over the last few years.

The causes of crime committed by juvenile offenders in China

Both juvenile crime and adult crime represent the result of the total of different factors, intimately related to the public development tendencies on particular stages: on one hand, it reveals the issues and disadvantages of political, economic, cultural, ideological and moral spheres of modern society; on the other hand, it also reveals individual, psychological and other issues of juvenile offenders themselves. Therefore, the juvenile crime as negative social phenomenon is caused not only by the hidden personal motives of young offenders, but also by social factors.

1. Personal causes. The causes of juvenile crime concealed in their own personality generally consist of the three following points:

First and foremost, the contradicting physiology and psychology inside a criminal's mind. Children's psychological development is not as fast as their physiological development, thus, during the growth period they are facing various contradictions, such as the contradiction between high level of energy and weak ability of self-control, between high curiosity and weak ability to make distinction; between puberty and lack of moral values, between subjective view (including self-esteem) and objective reality. Without the proper gudance, the above-mentioned contradictions can turn into crime motivation.

Second, low level of education. According to Chinese scientists14, 70 % to 90 % of juvenile offenders have not graduated from middle school. The majority of them have only graduated from elementary school. As a result, some juvenile offenders lack the ability to distinguish right from wrong and cannot control themselves, which are the most important causes of juvenile crime.

Third, low level of legal awareness. The majority of juvenile offenders lack legal knowledge, they do not know whether socially-dangerous acts they are committing are crimes and whether they are going to be brought to trial. Some of them have

11 Cao Xuecheng, Liu Guiming, Lu Ci, Niu Kai. The report on sample juvenile crime survey analysis in our country // Juvenile crime issues. 2010. № 4. P. 6.

12 Research database of repeated offences in Tientsin has been created basing on the Research database of offences in Tientsin. This research took more than 10 years, from 1990 to 2005. 3886 respondents took part in the survey for the research.

13 Cun Mei. Repeated juvenile offence research // Henan police academy bulletin. 2011. № 5. P. 24.

14 Yu Yuan. The report on juvenile crime: social factor and its prevention // Society and Legal System. 2010. № 3. P. 87; Wang Zhungceng. An empiric view on juvenile crime in terms of cultural development — based on criminal cases against juvenile

offenders in 2007-2011 in Hainan province // Research on juvenile crime prevention. 2012. № 8. P. 57; Zhang Yuanhuang, Yao Bing. New tendencies in juvenile crime in modern China // Legal forum. 2010. № 1. P. 93 et al.

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some knowledge of law, but they have not formed the concept concept of orderliness, thus being unable to control themselves in compliance with the law, which makes juvenile offenders different from any grown-up criminals.

2. Family matters. Incomplete family and careless upbringing are serious family issues in China. Accelerated social economic development, ideological changes, large scale migration, all these factors affect the stability of marital relationship. Divorces, separation, remarriage are becoming more and more common phenomena, leading to negative changes in the families, where children live without necessary support and proper parent control, which forces them to look for close friends in the society, blending in the criminal groups. At the same time, the economic development has changed the lifestyle of many Chinese people, so they are too busy taking care of their businesses, earning their living, having no time to make sure their children are getting proper education and life. In the end, the latter may adopt the path of committing crimes.

3. Education-related causes. Some disadvantages of school education can affect children's balanced development. The main task of schooling is children's systematic education for the purpose of their moral intellectual and physical education, and not just providing knowledge. However, in modern Chinese educational system there is lack of balance between moral and intellectual education. Some schools are paying great attention to knowledge accumulation process, at the same time ignoring the necessity of ideals, beliefs, moral values and legal awareness, which makes children unable to distinguish right from wrong and turns some of them into members of crime groups.

4. Social matters. With further development of current Chinese reforms in policy and its general openness, the negative factors of market economy affect children's normal development. There are some new issues in social life that form the outlook of teenagers, such as moral degradation of society; lack of honesty; distribution of low-quality counterfeit products and fraudery; increasing scale of pornography, gambling, drugs and other social vices; money worshiping, hedonism, extreme individualism etc. All those social issues produce negative effect on the development of children's moral values, such issues are becoming external motivation for them in committing crimes. According to the Research database of recurrent offences in Tientsin, 38,8 % of juvenile offenders consider harmful social environment the most influential factor that forced them to commit crimes15.

In addition, violence coming from the screen and violent video games are the main factors causing juvenile offenders to commit violent crimes.

15 Cun Mei. Repeated juvenile offence research // Henan police academy bulletin. 2011. № 5. P. 26.

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5. Negative influence of prison subculture on teenagers. Some scientists define subculture as the composition of values and behavior patterns existing in some social groups at variance of those at the larger culture16, making the element of the social groups' culture. Prison subculture is made up by long-term prison inmates of values and behavior patterns opposing the official culture or deriving from it, which consist of the rules regulating the relations between the inmates, such as «ban on whistle blowing», «ban on giving up accomplices», «prison slang», «tattoos» etc. During their sentence term, the juvenile offenders are influenced by prison subculture and other inmates, resulting in their picking up bad habits which they had not have before, learning new criminal techniques and skills. When they are released, this so-called friendship born in the atmosphere of prison subculture encourages their crimes in groups and creates new crime groups. This makes prison subculture one of the extrinsic motives for recurrent offences among juvenile criminals.

The way of addressing the issue of juvenile

crime

One should consider three main aspects as to the mechanism of addressing the issue of juvenile crime in China:

1. Criminal policy regulating juvenile crime in China. In China, the policy of «priority of educational measures over the punitive measures» have been used over a long period of time, which meant that waging war against crime we should take into consideration the fact that juvenile offenders differ from adults, thus, when we choose between educational, disciplinary and punitive measures, we should give priority to the two measures mentioned first.

Since 2004, the policy of «lenient punishment» which has been suggested in terms of scientific concept of building harmonious socialist society, became the basis of Chinese criminal policy. The main principle of that policy is specific approach to each crime, in order not only to struggle crime and maintain the supremacy of law, but to reduce social resistance and ultimately reach the unity of legal and social influence17. This means that during the process of research and use of the «lenient punishment» policy, the permanent focusing on leniency is becoming the main factor of the Chinese crime policy.

Since in our country the priority is given to disciplinary measures over the punitive measures, the lenient crime policy over the past few years have been widely influencing the ideas of theoricians and practicians: the majority of scientists and law-enforcing officers consider more lenient policy of struggling juvenile crime to be more efficient. For example, one

16 Wu Zungxian. The crime punishment theory — the variety of causes theory research in terms of crime punishment. Beijing: Published by National Chinese Social Security University, 2007. P. 116.

17 Wang Duniang. Extrinsic means of implementation of «lenient punishment» crime policy // Legal magazine. 2009. № 3. P. 101.

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of the scientists in China emphasized that we should perform juvenile decriminalization and depenaliza-tion in accordance with «lenient punishment» policy, along with mitigating circumstances18. Another famous Chinese scientist admitted that focusing on «upbringing, correction and leniency» is the specific crime policy against juvenile crime ensuring «leniency» within the framework of the policy of «combining punishment and leniency»19.

At the same time, some scientists point out that, under the conditions of administration of «combining punishment and leniency» criminal policy, the balance between the severity of punishment and the leniency should be maintained to ensure their mutual complementation, in order to achieve the maximization of integrated effect of punishment. It is this that constitute the essence and the core of the criminal policy in our country20. It appears that the issue of juvenile delinquency should focus on indulgence as the principle of criminal policy. This concept of criminal policy is not only consistent with physiological and psychological characteristics of minors, but is inevitable in the light of the criminal legal principle of humanism.

2. Legislative regulation on juvenile delinquency in China. In 1991, the «Law on the Protection of Minors» was adopted in PRC, which clearly provides the system of family, school, social and legal protection for minors. In addition, in 1999, the «Law on the Prevention of Juvenile Delinquency» was adopted, the main idea of which is to «protect the rights of minors in combination with the prevention». Both the above-mentioned laws regulate the following principles for the criminal prosecution of minors: the invocation of the directive on «education, correction and salvation»; the implementation of the guiding idea of «priority of educational measures over punishment». In order to meet the ideas of humanism and the protection of juvenile offenders referred to in the two above-mentioned special laws on minors, alterations and amendments to the PRC Criminal Code were introduced in 2011, in particular, the alterations affecting the sphere of juvenile delinquency are represented in the following enactments of the «Law on the Amendments to the Criminal Code of the People's Republic of China2121 (№ 8)» (hereinafter referred to as the «Amendment № 8»):

18 Gao Mingsuan. Implementation of «lenient punishment» crime policy along with mitigating circumstances // Legal magazine. 2007. № 1. P. 5.

19 Ma Kechang. Positioning of «lenient punishment» crime policy // Legal science. 2007. № 4. P. 122.

20 Zhang Yuanhuan, Yao Bin. Comprehensive administration of the criminal policy of «the combination of rigor punishment with the leniency» based on the new peculiarities of juvenile delinquency // Legal magazine. 2009. № 11. P. 20.

21 February 25, 2011 at the nineteenth meeting (the Eleventh Convocation) of National People's Congress Standing Committee, «Amendments to the Criminal Code of the People's Republic of China (№ 8)» (hereinafter referred to as the «Amendment № 8») were adopted. The amendments that this time affected 50 articles ofthe Criminal Code came into force on May, 1, 2011.

1) Repeated relapse provision shall not be applied to the person who has not reached the age of 18 at the time of committing the crime (art. 6 of «Amendment № 8»)

2) Applied probation provision shall be applied to the person who has not reached 18 years or has reached the age of 75 at the time of committing the crime and meets the conditions of probation (Art. 11 of «Amendment № 8»)

3) The criminal record of the person who has not reached 18 years and was sentenced to imprisonment for a term of less than 5 years is excluded (Art. 19 of «Amendment № 8»)

Thus, to a certain extent, «Amendment № 8» improved the regulations as to juvenile crimes, which manifested itself in three things: first, the abolition of juvenile recidivism concept; second, the establishment of simplified modalities for the administration of probation to minors; third, the exclusion of criminal records of juvenile offenders that have committed small and moderate crimes.

3. Comprehensive measures on the prevention of crimes and juvenile delinquency. Prevention of crimes and juvenile delinquency is a system task. Taking into account the state and the peculiarities of Chinese juvenile delinquency, the following preventive action framework, according to the author, should be used:

1) By way of combining legal regulation with social prevention measures, it is necessary to eliminate social incentives for committing juvenile crimes, to improve legal education of minors, to build up their legal awareness, and to promote their understanding of the concept of supremacy of law.

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2) Special attention should be paid to the control and education of teenagers in the families and at schools, so that they may grow in healthy and harmonious social atmosphere

3) Special institutions for the provision of psychological and psychiatric care for adolescents with psychiatric abnormalities need to be set up

4) It is necessary to substantially improve the level of correctional treatment on the part of correctional facilities to prevent the former juvenile offenders from committing recurrent crimes.

Conclusion

Children and young people are the hope of the country and the nation. The society pays great attention to their healthy growth. The Chinese nation, due to the current population policy, is filled with such love and expectations to the younger generation that, maybe, is not to be found in any other nation. However, the significant increase in juvenile crime causes unprecedented concern in the Chinese state and people. Therefore, the problem of juvenile crime and the strugle against it is extremely urgent task for China and requires further in-depth study.

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2. Dai Yisheng. Analysis of trends in juvenile delinquency on the continent of our country // Problems of Teenagers Delinquency. — 2004. — № 5. — P. 6.

3. Cao Xuecheng, Liu Guimin, Lu Qi, Niu Kai. Report on the analysis of sample surveys on juvenile delinquency in our country // Problems of Teenagers Delinquency. — 2010. — № 4. — P. 4-6.

4. Van Chzhunshen. Empirical study of juvenile delinquency in the context of cultural development — in criminal proceedings brought against minors in 2007-2011. Hainan Province // Research on the Prevention of Juvenile Delinquency. — 2012. — № 8. — P. 55, 57.

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6. Zhang Yuanhuan. Survey on juvenile delinquency // Public Prosecution Office in the struggle against crime. — 2011. — № 11. — P. 13.

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8. Yu Yuan. Survey report on juvenile delinquency: the social factor and its prevention // Legal System and Society. — 2010. — № 3. — P. 87.

9. Yuanhuan Zhang, Yao Bin. New trends in juvenile delinquency in contemporary China // Legal Forum. — 2010. — № 1. — P. 93.

10. Do Tszunsyan. Theory of the redemption of the criminals — experience as to the research of the theory about the difference of causes in the context of the redemption of the criminals. — Beijing: Publishing House of Chinese People's Public Security University, 2007. — P. 116.

11. Wang Dongyang. External support for the administration of criminal policy «The combination of the severity of punishment and the leniency» // Legal magazine. — 2009. — № 3. — P. 101.

12. Gao Minsyuan. Administration of Criminal Policy «the combination of the severity of punishment and the leniency» and mitigating circumstances // Legal magazine. — 2007. — № 1. — P. 5.

13. Ma Kechan. Positioning criminal policy «The combination of the severity of punishment and the leniency» // Chinese jurisprudence. — 2007. — № 4. — P. 122.

14. Yuanhuan Zhang, Yao Bin. Comprehensive application of the criminal policy of «the combination of the severity of punishment and the leniency» on the basis of new peculiarities of juvenile delinquency // Legal magazine. — 2009. — № 11. — P. 20.

Перевод выполнила Н.Ю. Ильина, к.ф.н., доцент, зав. кафедрой англ. яз. № 2 Университета имени О.Е. Кутафина (МГЮА)

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