(Express delivery of the two sessions) Xiao Shengfang, deputy to the National People's Congress: It is recommended that the starting point for minors be adjusted to 13 years old
China News Service, Beijing, May 22 (Tang Guijiang, Cai Minjie) The crime of minors has always received much attention. Xiao Shengfang, deputy of the National People's Congress and chairman of the Guangdong Lawyers Association, said in an interview with Chinanews.com that he proposed to amend and adjust the relevant provisions of the Criminal Law in the form of amendments to his proposal to the National People's Congress The starting point of the age of criminal responsibility of Chinese minors has been lowered from the original 14 years old to 13 years old.
"The cases of juvenile delinquency have shown an upward trend in recent years, and more and more juveniles under the age of 14 commit crimes." Xiao Shengfang also cited some cases of cruel practices in juvenile delinquency cases. Xiao Shengfang said that according to Article 17 of China's current criminal law, criminals are only liable for eight crimes committed by minors who are 14 years old and under 16 years old. Minors under the age of 14 are absolutely incapable of criminal responsibility, no matter what acts are committed, they do not constitute a crime.
"This has been in use since the provisions of the Criminal Law of 1979 and has never been amended." Xiao Shengfang explained that with the modernization of China's society and the increasing level of informatization and the widespread popularization of compulsory education, the minds of modern minors have In the 1970s, minors were more precocious, and in view of the current situation of the declining age of crime, the starting point of lowering the age of criminal responsibility of minors conforms to the law of social development.
Xiao Shengfang suggested that first, the starting point of the age of criminal responsibility of minors should be reduced from the original 14 years old to 13 years old; secondly, the crime of “people who have reached the age of 14 and under the age of 18 should be reduced from "Minor or reduced punishment", amended to "People who have reached the age of 13 but under the age of 18 should commit a lighter or reduced punishment if they commit a crime."
"Reducing to 13 years of age is in line with the current social development process." Xiao Shengfang said that 13-year-olds have basically completed primary school education and enrolled in junior high school, and they already have considerable recognition and control skills; with the development of society and the progress of the times, People's material and cultural level has been improved to a certain extent. Many minors are tall in the age of 12 to 13 years old, and their brains develop faster.
Xiao Shengfang said that even if it is reduced to 13 years of age, it is not the lowest in the world. The 2007 General Comment No. 10 of the Convention on the Rights of the Child-Children ’s Rights in Juvenile Justice provides that the minimum age of criminal responsibility cannot be lower than 12 years old. Switzerland, Singapore are 7 years old, Mexico and the Philippines are 9 years old, the United Kingdom is 10 years old, Turkey and the Netherlands are 12 years old, Israel and France are 13 years old.
"Because they have not reached the legal age of criminal responsibility, they cannot be investigated for criminal responsibility, and they can only be punished by means of accommodation, upbringing, or financial compensation. Such punishment is unfair to the victim, and such an approach would cause minors to have no fear. The continued implementation of actions that endanger society will also make the fairness and authority of the law questioned, thereby losing the warning and deterrent effect of the law. "Xiao Shengfang said. (Finish)