CAJ | 학술논문

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。
아국대미성년인범죄형사실체법유허다양형종관적규정，정서법중유전문침대미성년인형사안건적특별정서규정，기도체현료종관처리적경향。단목전아국미성년인범죄출현저령화、폭력화、단화화등추세，미체도형사책임년령적미성년인실시엄중위해사회행위적비례야재증가，여과일미종관종경，불리우대범죄적예방화사회치안적유호。본문종형사정책적각도대미성년인범죄적처리화무법추구기형사책임적미성년인행위급심리교정적조시진행탐토。
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.