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未成年人犯罪近些年呈递增趋势,未成年犯罪人的刑罚与改造问题,是理论界与实务界关注的热点。《刑法修正案八》规定了社区矫正制度,而在司法实践中部分符合社区矫正制度范围的未成年犯罪人被采用了社区矫正的刑罚,以期对其进行改造和教育。但如何本着“教育、感化、挽救”的方针,针对未成年人犯罪的特点,构建一套适用于未成年犯罪人社区矫正的制度,值得我们进一步研究和探索。
The crime of juvenile delinquency has been on the rise in recent years. The punishment and remoulding of juvenile offenders are hot topics both in theory and practice. The Amendment to the Criminal Law No. 8 provides for a system of community correction, while juvenile offenders who are partly in line with the community correction system in judicial practice have been given the penalties of community correction in order to reform and educate them. However, according to the principle of “education, probation and salvage”, aiming at the characteristics of juvenile delinquency, it is necessary to construct a system of community correction applicable to juvenile offenders, which deserves our further research and exploration.