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犯罪作为文明社会的野蛮,理应得到相应的惩罚。这与当前形势下刑罚轻缓化和宽严相济的刑事政策并不矛盾,适当提高非监禁化程度是宽的应有之义,尤其对于青少年犯。本文通过对未成年犯罪人非监禁化的初步分析,首先从非监禁刑的相关概念入手,进一步说明了非监禁刑的基本特征包括非监禁性、轻缓化,又阐明了未成年犯罪人适用非监禁刑必要性和重要性,并在分析国内外适用现状及原因的基础上,提出了该原则在实践中的具体做法。
As a brutal civilized society, crime should be punished accordingly. This is not contradictory with the criminal policy of reducing punishment and temper justice in the current situation. Properly increasing the degree of non-custodialization is a broad measure of justice, especially for young offenders. Based on the preliminary analysis of the non-imprisonment of juvenile delinquents, this article starts with the related concepts of non-custodial sentences, and further explains that the basic characteristics of non-custodial sentences include non-imprisonment and detente, and clarify the application of juvenile offenders The necessity and importance of non-imprisonment punishment, and on the basis of analyzing the status quo and reasons of its application both at home and abroad, puts forward the concrete practice of this principle in practice.