Thinking on the Criminal Policy of Juvenile Delinquency with “Education as the Priority and Punishment as the Supplement”

Abstract

Since the reform and opening up, China's criminal policy on juvenile delinquency has undergone a huge change, from "severe crackdown" to "education", and gradually recognized the nature of juvenile delinquency. In recent years, the news media has frequently reported major juvenile murder and injury cases, which has once again aroused heated discussions among the academic community and the general public on juvenile delinquency, and has also triggered reflections on the criminal policy on juvenile delinquency. From the perspective of social morality and utilitarianism, there is no problem with the criminal policy of "education as the main and punishment as the auxiliary". The core of the controversy lies in the fact that China has not formed a systematic criminal law system for minors, and there is no comprehensive and detailed specific criminal system to support the operation of the criminal policy of "education as the main and punishment as the auxiliary".