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CCTV, Beijing, October 13 (Reporter Sun Ying and Hou Yan) According to the “News Evening Peak” of China Central Radio and Television Voice of China, the second draft of the draft Criminal Law Amendment (11) was presented to the XIII National Congress on October 13 At the 22nd meeting of the Permanent Commission of the National People’s Assembly deliberated, among which, in certain circumstances, through special procedures, the minimum legal age of criminal responsibility will be individually lowered, and the detention and education to correctional special education, which draws special attention.
In recent years, criminal cases of minors have taken on greater prominence, such as crimes committed by minors, sexual assaults on minors, etc., which has aroused social concern. A very small number of minors perpetrate attacks on strangers, classmates and even family members. According to criminal law, persons under the age of fourteen will not incur criminal liability. Indeed, extreme cases such as the “murder case of the mother of a 12-year-old boy in Hunan”, “a 13-year-old boy in Dalian who kills a 10-year-old girl” and other extreme cases have continually caused the public opinion lower the age of criminal responsibility. voice. How does the second revision of the draft Criminal Law Amendment (11) respond to this? What measures need to be perfected to modify detention and specialized correctional education education?
A year later, the case of Cai, a 13-year-old boy from Dalian, who killed a 10-year-old girl, reawakened public attention. The killer Cai’s parents refused to cooperate with the court to enforce the civil judgment of apology and compensation. On September 29 this year, he was brought by the Shahekou District Court of Dalian City. The 15-day judicial detention was taken and is currently being implemented in the corresponding detention center. After the incident last year, the police did not hold Cai criminally responsible because he had not reached the legal age of criminal responsibility and implemented three years of custody and education.
In the second draft revision of the Amendment to the Criminal Law (11) presented to the Standing Committee of the 13th National People’s Congress for deliberation, the new regulation not only reduced the legal minimum age of criminal responsibility individually, but also modified detention and specialized correctional education education. , It is closely related to the handling of such cases.
Zhou Guangquan, Vice Chairman of the Constitution and Law Committee of the National People’s Congress, presented the draft amendments to the meeting: “It is proposed to individually lower the legal minimum age of criminal responsibility through special procedures in certain circumstances. It is stipulated in Article 17 of the Penal Law. If a person who has turned 12 but not 14 commits the crime of intentional homicide or intentional injury, causing death, and the circumstances are bad, the Supreme Public Prosecutor’s Office will incur criminal responsibility “.
Experts in the field of child protection have long been calling for the age of criminal responsibility not to simply be lowered and that juveniles who commit serious violent crimes at an early age be “closed” or “released.” . This amendment to the Penal Law (11) The provisions for the second revision of the draft have alleviated this concern to some extent. Tong Lihua, director of the Beijing Youth Legal Aid and Research Center, analyzes: “It turned out that when criminal responsibility decreased, we frankly said we were very concerned. For example, for 12 and 13 year olds, which ones will be considered criminally responsible and which ones are not. This should be very careful. To avoid different standards in the case handling process in various places, this time very strict requirements have been made in the procedures. If it is for homicide or intentional harm to minors who do not they are sufficient for criminal responsibility. In the case of death, if you want to investigate criminal responsibility, the Supreme People’s Prosecutor’s Office must approve it. This is a very strict procedure. “
Tong Lihua believes that this provision establishes requirements for the ongoing revision of the Juvenile Delinquency Prevention Act, and also establishes institutional arrangements for handling similar crimes at an early age but subjectively malicious and with very serious consequences, which is of great importance. However, Yuan Ningning, associate professor at China University of Political Science and Law, believes that individual lowering of the legal minimum age of criminal responsibility cannot fundamentally solve the problem of juvenile delinquency. Yuan Ningning said: “What is the scientific basis and reason for the adjustment to 12 years? If you adjust to 12 years, how do you deal with the serious violent behavior of these under 12s? Will it cause different age groups?” After a minor commits the same criminal act, will a disproportionate or uncoordinated outcome occur? What is the basis and standard for the approval or disapproval of the highest revision? From my general point of view, this individual The practice of lowering the age of criminal responsibility remains a palliative, but not a permanent solution, and it is difficult to stop heinous crimes committed by minors. “
How can “both the symptoms and the root”? The Standing Committee of the National People’s Congress proposed the idea of ”walking on two legs.”
The second draft revision of the Criminal Law Amendment (11) generally takes into account issues related to the revision of Criminal Law and the Juvenile Delinquency Prevention Act, and changes detention and education into specialized correctional education. The draft stipulates that if criminal sanctions are not imposed for being under 16 years of age, their parents or guardians will be ordered to punish them; where necessary, correctional special education will be provided in accordance with law. Experts believe that in the revision process of the Juvenile Delinquency Prevention Act, operational provisions for “specialized correctional education” should be established. Tong Lihua said: “Does the judiciary make the decision? Is it the public security agency, the fiscal agency or the court that makes the decision? This system is dedicated to corrective education. Do you need to restrict your personal freedom?” To what extent is personal freedom restricted? How to ensure that both the purpose of education and correction are achieved in this process, and their rights are protected? This is a problem to be solved in the review process of the Juvenile Crimes Prevention Act. “
After a long-term investigation, Yuan Ningning believes that the current special correction and education measures for minors in China are relatively weak and should be improved as much as possible. Yuan Ningning said: “I think we should increase the strength of this leg to establish a very scientific, hierarchical, corrective, minor education and corrective measures system for minors. This measure The system should largely replace punishment.”Return to Sohu to see more
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