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Original title: The Supreme Law responds to the adjustment of the age of criminal responsibility: prosecution according to the law, no tolerance and contempt
Our newspaper, Beijing, January 20 (China Youth Daily and China Youth Daily, reporter-in-training Han Shao) The Supreme People’s Court today issued “Opinions on Strengthening Juvenile Trials in the New Era” (hereinafter referred to as the “Opinions”), which severely punish all types of illegal crimes against minors, and comprehensively strengthen the judicial protection of minors.
From 2016 to 2020, courts at all levels across the country reportedly tried 24,035 criminal cases of trafficking, child abuse, and child begging organization that violated the legal rights of minors and punished 24,386 offenders. Effectively strengthen the civil protection of the rights and interests of minors, and further deepen the reform of the working methods and mechanisms of the family trial. From 2016 to 2020, people’s courts of all levels across the country concluded more than 120 cases of family disputes involving custody, guardianship, visitation, etc. juvenile. Millions of pieces.
“Juvenile trials are hailed as the ‘project of special hope'”. Jiang Qibo, a member of the Judicial Committee of the Supreme People’s Court and Director of the Bureau of Investigation, noted that in recent years there have been serious attacks for homicide, sexual assault and abuse of minors, school bullying and Internet use. The people’s courts resolutely repress criminal acts that violate the rights and legitimate interests of minors in accordance with the law. For serious crimes that defy the bottom line of the law and social ethics and are of a bad nature, the severe penalty or even the death penalty is resolutely condemned in accordance with the law and will not be tolerated.
Jiang Qibo introduced that the “Opinions” redefine the scope of juvenile court cases and clarify the division of labor between juvenile trials and criminal and family trials. They will be closely related to the protection of the rights of minors and the prevention of crimes related to criminal, civil and criminal matters of minors. Administrative litigation cases are included in the scope of juvenile courts to ensure a balance between the number of cases and judicial work, and to more specifically protect the legal rights of minors. People’s courts at all levels should provide juvenile courts with judges and judicial assistants with special posts in accordance with the characteristics and needs of juvenile trials. Criminal cases of rape, indecent assault and other criminal cases of sexual assault of minors, as well as criminal cases of murder, injury, kidnapping, kidnapping, abuse and abandonment that seriously violate the personal rights of minors, can be dealt with by the juvenile court.
Zhou Jiahai, deputy director of the Supreme Office of Legal Investigation, pointed out that the Amendment to the Criminal Law (Eleventh), which will be implemented as of March 1, 2021, stipulates that “persons who have reached the age of twelve but not fourteen commit intentional homicide or intentional injury. A crime that causes death or seriously injures or seriously incapacitates a person by particularly cruel means, and the circumstances are bad, and the Supreme Public Prosecutor’s Office has approved the prosecution and will take criminal responsibility. “This is an important partial adjustment of China’s age system for criminal liability.
Zhou Jiahai stated that the People’s Court will accurately apply the revised “Criminal Law” and the relevant provisions of the “Juvenile Protection Law” and the “Juvenile Delinquency Prevention Law”. It is necessary to understand in a strict, precise and complete way the applicable conditions and procedures for the investigation of criminal responsibility of people who have reached the age of twelve but not fourteen. Research should not be tolerated or derogatory; at the same time, it must be constrained and prudent. The spirit of the legislation to prevent misapplication. Where necessary, through the introduction of judicial interpretations or guiding cases, the rules for identifying “particularly cruel methods” and “unfavorable circumstances” will be clarified, as well as the specific criteria for the application of sanctions in relevant cases to ensure accuracy. and uniform application of the law.
At the same time, people’s courts must actively participate in social governance to prevent and reduce the emergence of “children of reproductive age” and “problem youth” from the source. “The work to be done in this area is increasingly difficult and, at the same time, more valuable and meaningful.” Zhou Jiahai said that children who have committed crimes are still children. With regard to juvenile offenders, especially juvenile offenders at a young age, one cannot be convicted or excluded. Instead, education, probation, and salvation need to be done carefully, so that they can get back on the right path in life and prevent them from harming society again. .
Source: China Youth Daily
Version 02 on January 21, 2021
