Whether specialized education can replace custody and upbringing has sparked heated debate
□ Our reporter Zhu Ningning
The second review of the draft law on the prevention of juvenile delinquency is currently seeking public opinions.
Regarding the revision of this law, a focus of attention from all walks of life is how to solve the problem of rectification after young minors commit serious crimes.
It is understood that the core of this revision of the Law on the Prevention of Juvenile Delinquency is to handle the relationship between the prevention of juvenile delinquency and related punishment, correction, protection, and education, based on the scientific classification of juvenile delinquency. , Respectively design targeted education, correction and punishment measures to form a complete hierarchical treatment mechanism.
It is worth noting that for many years, the measures taken in practice for this group of minors have been shelter and education.
The system of custody and upbringing is clearly stipulated in the juvenile crime prevention law and the criminal law.
However, in the second review of the revised draft of the Law on the Prevention of Juvenile Delinquency that was submitted to the Standing Committee of the National People's Congress last month, the concept of "custody and upbringing" was no longer used, but related measures were included in specialized education.
This change triggered discussions among the members of the Standing Committee on the fate of the system of detention and rehabilitation.
Obviously, the reform of the custody and upbringing system is imperative, but how to make a scientific and reasonable top-level design?
Suggest reforms to the custody and upbringing system
"Custody and reeducation measures are not a simple cancellation." Commissioner Shen Chunyao pointed out that these measures such as Custody and Education, Reeducation through Labor, Custody and Repatriation, and Custody Review have all withdrawn from the stage of history, being cancelled, abolished or replaced.
The detention and rehabilitation measures are still needed within a certain range, but they should be reformed and improved.
Shen Chunyao pointed out that these minors who practice detention and reeducation are now placed in the juvenile delinquent camps in prisons. It is a big problem to put minors who have not been sentenced there.
But it’s not good to put it in ordinary schools, and it’s even harder to put it in society, so there are not many options. It is relatively better to use specialized schools.
"If this amendment to the Law on the Prevention of Juvenile Delinquency can be passed, the custody and upbringing system stipulated in Article 17 of the Criminal Law will be revised accordingly. If it is revised, the last one in our country in decades will be called the This is very meaningful. Therefore, to solve this problem in this amendment is a great improvement in the rule of law." Shen Chunyao said.
It is recommended to strengthen supervision to avoid "changing soup without changing medicine"
The second review of the draft intends to solve the problem of detention and correction facilities through specialized schools.
Member Liu Xiuwen believes that this move is conducive to perfecting the existing system of custody and education.
However, he emphasized that whether it is “containment and education” or “special education”, they are stricter restraints on minors. Compared with adults, minors are more vulnerable to harm. The transparency of the system should be further improved and supervision and control should be strengthened. , To avoid "changing soup without changing medicine."
Liu Xiuwen suggested that management should be strictly strengthened, and supervision and control should be strengthened. It is clearly stated in the law that "superior authorities and people's governments at the same level should strengthen the supervision and management of specialized education and special education", and that different departments are responsible for the decisions and implementation of specialized education. Strengthen supervision and control.
Liu Xiuwen also suggested increasing the supervision of procuratorial organs.
"The procuratorial agency is a legal supervision agency, and there is generally a special juvenile procuratorial department inside. It is recommended to add a paragraph in Article 48: The People’s Procuratorate shall exercise legal supervision over special education and special education. Minors and their parents Or other guardians or legal representatives who are dissatisfied with the special education or special education decision made by the public security organ may appeal to the people’s procuratorate at the same level. If the people’s procuratorate considers the decision inappropriate, it may submit a corrective opinion to the public security organ at the same level.”
Member Zhu Mingchun also suggested increasing legal supervision by the procuratorial organ.
"Although specialized education is clearly part of the national education system, it still has a certain degree of personal coercion in nature. In fact, there are punishments and corrections in it. Therefore, corresponding supervision and restriction mechanisms should be added." At the same time, He believes that the duration of specialized education should be clarified. It is best to specify one semester or one academic year, and then assess whether it can return to the normal compulsory education system.
If it is not qualified, it can be extended, and the steering committee will evaluate it again. This can better protect minors, and it is also a positive incentive for the improvement of specialized schools.
Suggest to reactivate the detention and reeducation system
"At present, the system of detention and rehabilitation is at a stagnant stage and is basically no longer implemented. It needs to be reactivated and reformed to form a very unique punishment." Reform the upbringing system instead of replacing it with specialized education.
Wang Hongyan believes that the current system of custody and upbringing puts minors at the age of no criminal responsibility in a laissez-faire stage, which makes it difficult to punish and deter.
Many people also mistakenly believe that as long as the age of criminal responsibility is lowered, the problem can be solved.
In fact, the most urgent task should be to improve the corrective measures to replace penalties and effectively punish the minors involved in crimes.
Talking about how to carry out the judicial reform of custody and education, in view of the current difficulties in the subject of custody and education, such as applicable objects, execution procedures, and implementation venues, Wang Hongyan suggested that this amendment can activate and improve this work to make it more operational.
Specifically, it includes: clarifying the applicable object and distinguishing it from specialized schools; and detailed implementation procedures.
It is clear that the main body of the application for detention and education is the public security organ, and at the same time bear the burden of proof and the burden of proof.
It is recommended that the people’s court make a ruling and the procuratorial organs exercise legal supervision; make it clear that the period of custody and education is generally 6 months to 3 years; regulate the content of corrections during the custody and upbringing period, and ensure that minors receive systematic cultural education, legal education, and ideology Moral education, vocational and technical education, etc., the content of work in custody and reeducation must be different from prisons; the period of custody and reeducation shall be changed with special schools, and the supervision procedures shall be improved to protect the legal rights of minors from infringement; adhere to the division of labor For cooperation, it is recommended that the judicial administrative department take the lead and be responsible for safety management and behavior correction. The education administrative department participates in education and teaching, and the civil affairs department is responsible for nurturing and caring.
Wang Hongyan also emphasized that it is necessary to standardize the establishment and construction of custody and correction institutions.
"Considering comprehensive consideration of factors such as the number of enforcement, the effect of correction, and the cost of input, at least one institution of detention and rehabilitation should be established in each province to centrally house minors involved in crimes in local or nearby areas. Institutions".