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单从调查数据上来看,我国违法未成年人制裁矫治机制之实际效果并不算太差:受到实际行政性制裁的未成年人大致占57%,受到实际刑事制裁的未成年人大致占14%。然而,目前主要被适用的行政制裁方式是行政拘留和罚款,对于未成年人的制裁矫治而言很难讲是有实际效果的;而刑事制裁实践中大量适用的缓刑、罚金、管制和免予刑事处分,由于缺少行之有效的教育矫正措施与之相配合,因此其实际效果也大打折扣。基于此,能够被认为有效的违法未成年人制裁矫治比例仅为7%。如果是这样,我国的违法未成年人制裁矫治机制实际上处于一种失效的状态。其理想的应对方案应当是:改变我国的违法未成年人刑事政策,从过分重视“教育矫治”转变为“强调惩罚”。
Judging from the survey data alone, the actual effect of sanctions and correction mechanisms for minors in violation of laws in China is not too bad: minors under actual administrative sanctions account for about 57% and minors under actual criminal sanctions account for about 14% . However, the main types of administrative sanctions that are currently being applied are administrative detention and fines. It is hard to tell the truth about the sanctions imposed on minors. Probably the most probable application of probation, fines, control and exemption in the criminal sanctions practice Criminal sanctions, due to the lack of effective education corrective measures to be matched, so its actual effect is greatly reduced. Based on this, only 7% of the minors can be considered sanctioned as illegal minors. If this is the case, the mechanism of sanctions and sanctions against minors illegally practicing in our country is actually in a state of failure. Its ideal response plan should be: to change our country’s criminal policy of minors in violation of law, from paying too much attention to “education correction” to “emphasizing punishment”.