Yuan Ningning, an associate professor of China University of Political Science and Law.Interviewee confession
China Youth Daily · Zhongqing.com reporter Liu Yan
Recently, a number of severe violence cases in low age have aroused great attention from all walks of life.In late February, the relevant person in charge of the Supreme People’s Procuratorate said that at present, the number of crimes of minors in my country has increased in general, the proportion of criminal crimes of minors, and the types of crime are relatively concentrated, reflecting the insufficient metrics of minor crimes and wrong grading intervention, and There are still some weak links in minors’ education and protection measures in place and social governance of minors.
For the illegal crimes of minors, how is my country’s current system design?How can we further improve the judicial system and administrative system that further improves the judicial system and administrative system for minors?China Youth Daily · China Youth.com reporters dialogue between China University of Political Science and Law, an associate professor of the Chinese University of Political Science and Law and the deputy director of the law of minor affairs governance and legal research base, who has long been engaged in the research of minors’ crime prevention research.
All ages of minors have legal regulations for illegal crimes
China Youth Daily · Zhongqing.com Reporter: What are the current laws of my country’s current laws?
Yuan Ningning: Prior to the implementation of the amendment to the Criminal Law (11) and the revised prevention of minors (hereinafter referred to as the “Prevention Law”), it was implemented in 2021.At the level of law enforcement, there are indeed a certain blind spot and breakpoint.
Earlier, for the young minors who were seriously violent, they adopted torture and education. The place was generally set up with labor education venues. With the abolition of labor education systems in my country in 2013, it was renamed in the practice of tolerance and education.Other measures such as sending special schools, due to the problems of programming, there are no special schools in some places, and the implementation effect is not ideal.The impression to the public is: the failure to punish the juvenile of the young age, and the age has become a “shield” that they evade legal liability.
The amendments to the Criminal Law (11) and the Prevention Law have made great adjustments to this. Regardless of age, minors, as long as they are illegal, the legal system has corresponding measures, including two parts, one is the sanctions system, that is, public security punishmentPenalty; the other is the correction system, that is, the three protection measures stipulated in the prevention law -correction education, specialized education and specialized correction education.
These two systems have covered illegal crimes implemented by all ages, and consistent with the general concept of justice and justice understanding, that is, after the minors have implemented behaviors that endanger others and society, they should bear corresponding laws.responsibility.
China Youth Daily · Zhongqing.com reporter: The prevention law has been implemented from June 1, 2021. What specific measures are there in the graded prevention of minors’ crimes?
Yuan Ningning: The Prevention Law clarifies the hierarchical prevention of crimes in my country. From general prevention and critical prevention to re -crime prevention, general prevention refers to the factors that lead to illegal crimes that lead to minors. The work that all minors must carry out; critical prevention is to educate correction of issues that may develop as criminals; re -control prevention is how to prevent them after the disposal of crime.
A large amount of data and cases show that before minors implement criminal acts, there are many bad behaviors or illegal acts, and most of them have not been intervened in time in a timely manner.In response to bad behaviors, the prevention law stipulates that parents, schools, and communities have taken necessary management and education measures for minors; in response to serious bad behaviors, the prevention law has designed three types of measures: correction education, specialized education and specialized education. These three types of measuresThe core functions are correction, but there is a slight difference in correction intensity and correction methods, and progress is made in turn according to the intensity.
Specializing the education of education replaced the previous containment and education. After the minors violated the criminal law, they were dissatisfied with the situation of not criminal punishment for criminal liability.After the evaluation and consent of the special education guidance committee, the education administrative department and the public security organs may decide to conduct special correction education. This is a compulsory administrative decision.The prevention law is also required to implement closed -loop management. The public security organs and judicial administrative departments are responsible for the correction of minors, and the education administrative department shall bear the education of minors.
Director -age minor crimes are difficult to cut off with punishment for punishment
China Youth Daily · Zhongqing.com reporter: Several serious crimes of severe violence of minors that have occurred recently have triggered the public’s discussion on the regulations on the age of criminal responsibility in my country. Why is the criminal law setting criminal responsibility age?
Yuan Ningning: The physical and mental immature of minors, especially the lack of cognitive ability, has a very clear basis and biological basis for brain neuroscience.The minds are not completed in advance with the development of physiological development.In terms of criminal law, his blame should be reduced than adults.
In addition, the growth of minors in adolescence is inseparable from families and schools. If he is imprisoned at this time, he will artificially interrupt his socialization process, and it is easyIt is possible to bring greater security risks to society.
The amendment to the Criminal Law (11) reduced the minimum criminal liability age of some serious crimes. At the stage of 12 to 14 years old, it was deliberately killed and deliberately injured.Its criminal liability, but approved prosecution in accordance with what procedures and standards for review and judgment, urgently need to introduce more fine judicial interpretations.
The implementation of the prevention law in the past three years urgently needs to be constructed by the supporting system
China Youth Daily · China Youth Network reporter: The implementation of the prevention law has been implemented for nearly 3 years. What are the problems with the disposal of illegal crimes of minors in downturn in practice?
Yuan Ningning: In practice, the prevention law faces three aspects of practical difficulties.
Compared with the law enforcement process of grass -roots law enforcement agencies, compared with legal requirements, they are relatively lagging. It may be okay to think that the age is not enough and not punished.The law enforcement is not strict.In recent years, the criminal cases of minor minors that occur in some places have been violated. In the official report of the law enforcement agency, the legal basis mentioned is the criminal law and public security management punishment law.It was not mentioned that the relevant measures stipulated in the prevention law.
The supporting system gap of the prevention method is relatively large.Measures such as correction education, special education and specialized education require professionals to implement professionals. The very important of which is young judicial social workers. At present, this professional force is generally insufficient and unevenly distributed.In addition, there are still 7 provinces in the country without a special school, and only 10 provinces have only 1-2 special schools. This status quo will definitely not meet the implementation of the prevention law in practice.
The law needs to be clearer.Specialized for correction education. At present, only the two simple terms of the prevention law and the amendment to the Criminal Law (11). For the applicable circumstances of the special correction education, the decision, the place of execution, the execution method, the venue equipment, the correction method, etc., it is urgent to needThere are more clear regulations.
Specializing the education of education to solve the psychological and behavioral problems of the vicious and violent criminal groups of minors, and the implementation of incomplete implementation of education measures and unsatisfactory implementation.In the violence of minors, the biggest blockage and breakpoints.
China Youth Daily · Zhongqing.com Reporter: How to solve these problems in practice?
Yuan Ningning: According to the provisions of the Prevention Law, relevant departments have formulated specific methods for the construction and special education of specialized schools. It is expected to solve many problems in special education implementation and special school construction.The Ministry of Education studied and formulated the implementation of special correction education.
At present, there is no independent juvenile police system in my country. This is a weak link in the judicial system of minors in my country.In the previous judicial reform, the trial of juveniles was impacted to a certain extent, and the tendency to weakened. It is urgent to study the professional construction of grass -roots juvenile police.Mobilization.At present, the procuratorial work of minors is relatively leading. It is necessary to further summarize experience, optimize the integration and performance model, and achieve high -quality development from the perspective of legal supervision.
Source: China Youth Daily
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