Research on the Deterrence Effectiveness of Penalties for Minors and Optimization Strategies
Year: 2025
Type: article
Abstract: In the construction of a society ruled by law, criminal law plays a crucial role in maintaining social order and safeguarding citizens’ rights and interests. However, with the development of society, juvenile delinquency has shown trends of younger age of offenders, more complex means, and increasingly serious nature, becoming a prominent social issue. The reduction of the minimum age of criminal responsibility in the Eleventh Amendment to the Criminal Law is a proactive response to these challenges. This amendment aims to strengthen the education and protection of minors and provide legal support for the prevention and suppression of crimes committed by them. The theory of penal deterrence has evolved through various stages, including the era of retributive punishment, deterrent punishment, and reformative punishment, accumulating rich theoretical and practical experience. Nevertheless, in practice, the effectiveness of penal deterrence is constrained by multiple factors. Especially in the context of juvenile delinquency, the deterrent effect of penalties is limited due to the physical and psychological characteristics of minors, as well as family and social environmental factors. This paper will conduct an in - depth analysis of the background of the amendments in the Eleventh Amendment to the Criminal Law, review the historical evolution and theoretical foundation of penal deterrence effectiveness. It will explore the reasons for the limited role of penal deterrence from multiple dimensions, such as social, family, and individual psychological aspects. Furthermore, this paper will propose targeted optimization paths and improvement suggestions, striving to provide scientific legal guidance and practical solutions for preventing and combating juvenile delinquency, and contributing to the construction of a more comprehensive judicial protection system for minors.
Source: Progress in Social Sciences
DOI: 10.35534/pss.0705068
Authors: Tang Shi, He Jialing
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4411357840