Chinanews.com, January 20th, in response to the "Criminal Law Amendment (11)" partially lowering the age of criminal responsibility, how will the people's court implement the relevant provisions of the criminal law?
Zhou Jiahai, deputy director of the Research Office of the Supreme People's Court, said on the 20th that the people's court should actively participate in social governance to prevent and reduce the emergence of "bear children" and "problem teenagers" from the source.
The Supreme People's Court held a press conference on the 20th and issued the "Opinions of the Supreme People's Court on Strengthening Juvenile Trials in the New Era."
Zhou Jiahai pointed out that for a period of time, murders, injuries, rapes and other vicious crimes committed by young minors under the age of 14 have occurred from time to time, which has aroused great concern of the whole society.
The case of a 13-year-old boy who killed a 10-year-old girl in Dalian has pushed public opinion to its peak.
In response to social concerns, after comprehensive consideration of factors such as the physical and mental development of my country’s minors at this stage, the status of illegal crimes, etc., after repeated research and prudential demonstration, the legislature has added a stipulation in the Criminal Law that “they have reached the age of 12 but not the age of 14. Those who commit the crime of intentional homicide or intentional injury, causing death or using particularly cruel means to cause serious injury and cause severe disability, and the circumstances are bad, and the Supreme People’s Procuratorate has approved the prosecution, shall bear criminal responsibility."
Zhou Jiahai said that this is an important partial adjustment to my country’s criminal responsibility age system. In the next step, the People’s Court will take effective measures to accurately implement the revised Criminal Law and the The relevant provisions of the Adult Protection Law and the Prevention of Juvenile Delinquency Law.
On the one hand, it is necessary to strengthen investigation and research and strengthen guidance for the next.
It is necessary to strictly, accurately and fully grasp the applicable conditions and procedures for investigating criminal responsibility for persons who have reached the age of twelve but not the age of fourteen. The investigation should not be tolerated and contemptuous; at the same time, it must be constrained and prudent. The spirit of legislation to prevent improper application.
When necessary, through the introduction of judicial interpretations or guiding cases, the identification standards of "particularly cruel methods" and "bad circumstances" shall be clarified, as well as the specific criteria for the application of penalties in relevant cases, to ensure the accuracy and uniform implementation of the law.
On the other hand, we must actively participate in social governance to prevent and reduce the emergence of "bear children" and "problem teenagers" from the source. The work to be done in this area is more and more difficult, but also more valuable and meaningful. Children who have committed a crime are still children. Regarding juvenile offenders, especially young juvenile offenders, one cannot be sentenced or shut down. Instead, education, probation, and salvation must be done carefully, so that they can return to the right track of life and prevent them from harming them again. society. Problem children often come from problem families. The people's court shall coordinate with relevant departments to urge relevant families and parents to perform their guardianship and discipline responsibilities in accordance with the law, and provide timely assistance to children in difficulties. School is the main place of life for children. The people's courts should strengthen the connection with primary and secondary schools, assist schools in setting up legal education courses, and provide timely professional psychological counseling to children with signs of problems. Harmful information on the Internet is very harmful to children's physical and mental development. The people's courts should urge and support relevant departments to strengthen supervision through judicial suggestions and other methods to create a safe and healthy network environment for minors.