China News Service, Beijing, December 24 (Li Jingze, Zhang Su, Liang Xiaohui) In the summer of 2020, the web drama "The Hidden Corner" brought a group of "bad kids" into the public eye.

Must children be innocent and kind?

How should we treat some children who may be "deteriorated"?

A series of discussions led the nature of the problem to the social pain point hidden in the "secret corner" of juvenile crime.

　　In recent years, juvenile delinquency has become younger and more violent, and cases of extremely vicious crimes have appeared, which has aroused social concern, and the outside world is also looking forward to the improvement of laws and regulations.

Recently, two draft laws submitted to the Standing Committee of the 13th National People's Congress for deliberation-the Criminal Law Amendment (11) Draft and the Draft Amendment to the Prevention of Juvenile Delinquency Law give the latest response to this issue.

"He is just a child" is no longer an excuse for juvenile crime

　　The third-review draft of the Criminal Law Amendment (11) submitted to the Standing Committee of the 13th National People’s Congress on the 22nd stipulates that a person who has reached the age of twelve but has not been Special cruel methods that cause serious injury to a person and cause severe disability, and the circumstances are bad, and the Supreme People’s Procuratorate has approved the prosecution, and shall bear criminal responsibility.

　　Regarding this modification, Zhang Yong, a member of the Standing Committee of the National People's Congress, pointed out in a group review on the 23rd that this is an individual reduction under specific circumstances, special measures, and specific procedures, and it is not a general reduction in the age of criminal responsibility.

He believes that in conjunction with another provision of the draft, “whoever is not criminally punished because he is under the age of sixteen shall be ordered to be disciplined by his parents or guardians; when necessary, special correction education shall be carried out in accordance with the law.” From the perspective of the revised content, one is lenient and one is strict. , Starting from two aspects to solve the problem of juvenile delinquency, reflecting the criminal policy of both leniency and strictness.

　　In fact, the second review draft was submitted to the Standing Committee of the National People's Congress in October this year to limit the circumstances under which young minors should be held criminally responsible.

As for the intention behind the law amendment, Zang Tiewei, spokesperson for the Legal Work Committee of the Standing Committee of the National People's Congress, once stated that crimes against young minors cannot be simply "closed" or "set aside."

　　With the disclosure of the facts of some juvenile crime cases, lowering the age of criminal responsibility has become a hot topic of public discussion. When a juvenile violates the law, many people are increasingly unable to accept the excuse that "he is just a child", appealing Give the victims and the public more legal protection.

This modification with conditions and procedures to lower the age of criminal responsibility responds to social concerns. Some voices say that children now have a premature psychological age and support legal changes.

Establish a home-school cooperation mechanism to treat criminal minors and insist on "education-oriented"

　　Obviously, lowering the age of criminal responsibility is not a solution to the problem of juvenile crimes once and for all.

Regarding criminal minors, the policy of education, probation, and salvation should still be adhered to as a whole, and the principle of education first and punishment second.

　　The third review of the revised draft of the Law on the Prevention of Juvenile Delinquency, which was submitted to the Standing Committee of the 13th National People's Congress for deliberation, added that schools should strengthen communication with the parents or other guardians of minor students and jointly implement the mental health education of minor students. , Clarify that schools and families should establish a home-school cooperation mechanism.

　　Regarding "family", the third review draft of the revised draft adds a provision: the parents or other guardians of minors shall perform their guardianship duties in accordance with the law, establish a good family style, and cultivate good conduct for minors.

　　In the group deliberations of the draft, NPC deputy Cui Jianmei agreed.

It believes that for minors who have committed criminal offences but have not reached the age of legal responsibility, if their guardians or parents fail to perform their supervision responsibilities in accordance with the law, they should consider accountability, which is also responsible to the society.

　　Involving "schools", the third review draft of the revised draft further clarifies the admission procedures for applying for admission to specialized schools: for minors who have serious bad behaviors, their parents or other guardians, or where the school is unable to discipline or fails to discipline, An application is submitted to the education administrative department, and after the evaluation and approval of the special education steering committee, the education administrative department decides to be sent to a special school for special education.

　　Regarding the “serious bad behavior”, the committee members put forward supplementary suggestions during group deliberations. Wu Heng, a member of the Standing Committee of the National People’s Congress, suggested adding “significant bullying in schools, beating and scolding teachers and classmates, and deliberately destroying school public facilities and classmates. In the case of “property”, Yang Zhen, a member of the Standing Committee of the National People’s Congress, suggested that “participation in cyber attacks causes destruction or even paralysis of information infrastructure”.

The prevention of juvenile delinquency needs to form a social synergy

　　During the group deliberations, the participants believed that both the draft amendments to the Criminal Law and the draft amendments to the Juvenile Crimes Law reflected the characteristics of keeping up with the times in legal amendments.

　　It is true that preventing juvenile delinquency is not only a legal issue, but also a social issue.

As Li Rui, a member of the Standing Committee of the National People's Congress, said, preventing juveniles from committing crimes is the bottom line requirement for promoting the healthy growth of juveniles. It is a source and basic work for the construction of Safe China, and it is related to the happiness and peace of hundreds of millions of families. The society is harmonious and stable, and the country has long-term stability.

　　Yang Li, deputy to the National People’s Congress, believes that preventing juvenile delinquency is a systematic project that requires the joint efforts of all levels of society. It not only needs to provide legal protection for the healthy growth of minors, but also needs to create a good social environment. Education, public security, and other multi-sectoral, multi-domain system protection network, through psychological, labor, legal, intellectual, cultural and other means to educate and guide, change a child.

　　And to change a child is to make him realize that "doing wrong will have to pay a price" and "crime must be punished", and also to make his growth path back to the "right track".

Considering this point, many participants paid attention to the situation of minors after receiving specialized education.

　　For example, Jiang Xiaojuan, a member of the Standing Committee of the National People’s Congress, pointed out that specialized schools should pay attention to the quality of education, ensure that minors in the compulsory education stage continue to receive compulsory education, and continue to provide high school general education or vocational education according to the wishes of minors. Help minors reintegrate into society after receiving specialized education.

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