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本文在分析了未成年人刑罚体制的现状和缺陷后,提出应当扩大未成年人刑罚的广度,而同时降低刑罚的深度,即应当适当的降低刑事责任能力年龄的起点,但在扩大刑法调整范围的同时,以刑罚个别化为出发点,实行全面轻刑化,轻易不使未成年人受到刑罚,除特别严重的故意犯罪外,均采用非刑罚化处罚的观点,旨在从社会根源入手,减少未成年人犯罪。
After analyzing the status quo and defects of juvenile penalty system, this paper proposes that the scope of juvenile penalty should be expanded, meanwhile, the depth of penalty should be reduced, that is to say, the starting age of criminal responsibility should be appropriately reduced. However, At the same time, taking the individualization of penalties as the starting point, we will implement the principle of non-penalization penalties that are not penalized for minors by all-round criminalization and minor crimes unless deliberately committing crimes. The purpose is to start with the social causes and reduce Minor crime.