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未成年人犯罪在世界范围内呈现出愈演愈烈之势,其社会危害性日渐增大。如何降低未成年人重复犯罪率,使其重归社会,无论对于刑法理论界还是实务界,都是一个难题。在对这一难题进行理论探讨过程中,刑罚个别化基于对犯罪矫正的重大作用,成为研究未成年犯处置措施的一个突破口。部分地区司法机关根据本地区未成年人犯罪的情况、特点,结合社会各方面力量,对于未成年犯实施刑罚个别化做了有益的探索,并形成了部分针对性强、操作性好的措施。既积极贯彻我国宽严相济的刑事政策,又可保护未成年犯的合法权益,达到对未成年人犯罪的有效预防。那么,对于未成年犯实施刑法个别化的依据何在,本文针对这一问题作一探讨。
Juvenile delinquency is showing a growing trend in the world and its social harmfulness is increasing day by day. How to reduce the rate of repetition of juvenile delinquency and bring it back to the community is a challenge both for the criminal law theoretical field and for the practical field. In the process of theoretical study of this problem, the individualization of punishment is based on the great role of crime correction, which becomes a breakthrough in the study of juvenile offender disposal measures. In some areas, judiciary authorities have made useful explorations on the implementation of the individual penalties for juvenile offenders based on the circumstances and characteristics of juvenile delinquency in the region and on the strength of all aspects of society, and have formed some measures that are highly targeted and operate well. It not only actively implements the criminal policy of China’s temper justice and leniency, but also protects the lawful rights and interests of juvenile offenders so as to effectively prevent juvenile delinquency. So, for the juvenile offender to implement the individual basis of criminal law what is the basis for this issue to explore.