In recent years, serious crimes of violent crime of minors under the age of 14 have occurred, and their means are cruel, the nature of which is bad, the harm is serious, and it is distressing. However, according to the relevant provisions of the current criminal law, juvenile delinquency under the age of 14 does not bear criminal responsibility, so it is not subject to criminal punishment, and has even been put into practice, which has aroused strong resentment and anxiety of the society.
"Some of the cohesive elements should be reflected in the prevention of juvenile delinquency." Yu Zhigang said, for example, when the "when necessary" in the criminal law is, when is it involved in the crime, whether the parents or the guardians are afraid, unwilling to, and not? The lower limit of the age limit of the government's housing and education is the same. In addition, Chapter V of the draft revision provides for the prevention of the re-crime. In addition, the fifth chapter of the draft amendment provides for the prevention of the re-crime, including during the execution of the sentence of the minor offender, the completion of the execution of the sentence and the treatment of the completion of the community correction, but it is precisely the condition of not responsible for criminal responsibility and the non-execution of the detention. The situation has not been touched, and minors who do not carry out security detention are no longer subject to alternative measures such as discipline, all of which need to be made clear.
Committee member Liu Xiuwen pointed out: although the criminal law has established a system of reception and correctional education, it does not have a clear nature, time limit, object of application, applicable conditions, determination procedures, enforcement organs, and other specific contents, which is not conducive to the orderly development of reception and correctional work and the management and education of minors who do not have criminal punishment under the age of 16, nor is it conducive to safeguarding the legitimate rights and interests of minors. Considering that although reception and upbringing is a compulsory educational reform measure of the Government, after all, it is not a punitive measure, Liu Xiuwen suggested that the reception and correctional system should be further clarified in the revised draft, that specific applicable standards should be clearly regulated, procedures, places of implementation, enforcement methods, and so on, should be further clarified in the revised draft, We should strictly strengthen supervision and management, enhance the scientific nature and transparency of this system, and provide sufficient legal basis for further effective prevention, intervention and correction of juvenile delinquency.
"With the rapid development of economy and society in our country, the material is extremely rich, the teenagers develop earlier and earlier, many teenagers under the age of 14 are strong and strong, and the access to information is convenient, so that teenagers have more and more exposure to toxic and harmful information, and the acceptance of some traditionally unacceptable ideas is getting higher and higher." Committee member Zhou Min suggested that some issues should be considered as a whole when amending the law. For example, for minors who have repeatedly taught and committed extremely cruel acts, do they have to protect them on an equal basis with other minors? For example, what should be done to make reception and upbringing work better? Suggest asking these questions.
(picture source:搜狗图片)
On the morning of October 26, when the 14th meeting of the standing Committee of the 13th National people's Congress deliberated on the revised draft law on the prevention of juvenile delinquency, the members held that it is very important to protect minors, but the prevention of juvenile delinquency is equally important, and the work of preventing juvenile delinquency should be further promoted by amending the law.
Article 17 of the Criminal Law stipulates that if he is not subject to criminal punishment for being under the age of 16, his parents or guardians shall be ordered to discipline them; if necessary, they may also be taken over by the government for upbringing. During the deliberations of the sub-group, a number of members suggested that the relevant reception and correctional system should be improved.
Tan Lin, a member of the Environment and Resources Protection Committee of the National people's Congress, said that minors who do not reach the age of criminal responsibility should be corrected and punished through measures such as admission and upbringing. "failure to punish such minors will lead to great challenges to social fairness, justice and normal order. On the one hand, it can not make the victim get legal relief and compensation, and even lead to the extreme revenge of the victim's family to kill and injure the perpetrator. On the other hand, it will also make some minors fearless and do whatever they want, which is not conducive to crime prevention and post-crime education and transformation. "
Where should minors who commit crimes, especially rape, who are not subject to criminal punishment because they have not reached the legal age, where should they go? How should the law deal with the recidivism of minors who do not have criminal responsibility? How to prevent juvenile delinquency more effectively? Some participants said that other penalties and corrective efforts should be increased, the reception and correctional system should be further clarified, and their parents and other guardians should be held accountable.
"Several underage homicides are disclosed every year, and the impact is very bad. It sends the wrong signal that it doesn't matter if minors set fire. This is a terrible guide. Without criminal responsibility and criminal law, it would not be enough to deter. " Committee member Zheng Gongcheng believes that juvenile delinquency is not only a prevention, but also a punishment. It is suggested that criminal punishment should be carried out for serious crimes committed by minors.
