Chinanews Client Beijing, January 20 (Peng Ning Ling Lang Lang) On the 20th, the Supreme Court held a press conference and issued the "Opinions of the Supreme People's Court on Strengthening Juvenile Trials in the New Era" (hereinafter referred to as the "Opinions").
The relevant person in charge of the Supreme Law stated that for every criminal case that violates minors, the people's court must declare the attitude that "everyone who violates children must be severely punished."
Data map: The picture shows the Supreme People's Court.
Photo by Li Huisi
Punished 24386 criminals who violated the legal rights of minors in the past five years
According to Liu Min, the deputy chief of the First Civil Division of the Supreme People's Court, from 2016 to 2020, courts across the country have tried 24,035 criminal cases involving trafficking, child molestation, and organization of child begging that violate the legal rights of minors, and punished 24,386 criminals.
From 2016 to 2020, people's courts at all levels across the country concluded more than 1.2 million family disputes involving minors' custody, guardianship, and visits, which fully protected the civil rights of minors.
We will not tolerate major crimes that challenge the ethical bottom line of the law and society
Jiang Qibo, Member of the Judicial Committee of the Supreme People’s Court and Director of the Research Office, said that the people’s courts have resolutely cracked down on the killing, sexual assault, and abuse of minors, campus bullying, and the use of the Internet to commit serious violations of the legal rights and interests of minors in recent years. For serious crimes that challenge the bottom line of the law and social ethics and are of a bad nature, the severe punishment or even the death penalty should be resolutely sentenced in accordance with the law and will not be condoned.
Data map: Zhengzhou, Henan. Primary school students wearing masks enter the campus in an orderly manner.
Photo by China News Agency reporter Wang Zhongju
Anyone who violates the child must be punished severely
Zhou Jiahai, deputy director of the Research Office of the Supreme People's Court, said that allowing the offender to receive due legal sanctions is the most basic comfort to the victim and the most effective response to social concerns.
For every criminal case that violates minors, the people’s courts must severely punish criminals in accordance with the law, fully demonstrate the policy spirit of special and prioritized protection of minors, and declare the attitude that “everyone who violates children must be severely punished.” Respond to the concerns and expectations of the people.
Can't shut down juvenile offenders
"We must prevent and reduce the emergence of'bear children' and problematic teenagers from the source." Zhou Jiahai said.
He said that the child who committed the crime is still a child.
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.
Data map: Children's sexual assault prevention courses entered a primary school in Fuzhou.
For picture
Investigating criminal responsibility for those who have reached the age of 12 but not the age of 14 cannot be tolerated
Zhou Jiahai mentioned 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 the next step, the People’s Court will take effective measures to accurately implement the revised Criminal Law, the Law on the Protection of Minors, and the Law on the Prevention of Juvenile Crimes, both in terms of handling cases and extending them.
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.
Data map: The students of Shuangshan Experimental Primary School in Dadukou District, Chongqing entered the campus in an orderly manner wearing masks.
Photo by China News Agency reporter Chen Chao
Criminal cases of school students under the age of 22 can be heard by the juvenile court
The "Opinions" issued by the Supreme Law this time redefines the scope of the juvenile courts. Among them, it is clear that the people's courts are under 22 years of age at the time of filing criminal cases of school students, rape, indecency and other crimes of sexual assault on minors. Criminal cases such as murder, injury, kidnapping, abduction, abuse, abandonment, etc. that seriously violate the personal rights of minors, etc., may be tried by the juvenile court.
Dedicated posts for juvenile courts
The "Opinions" require that people's courts at all levels should, in accordance with the characteristics and needs of juvenile trials, allocate special posts for juvenile courts with judges and judicial support personnel.
It is necessary to select judges with high political quality, strong professional ability, and familiar with the physical and mental characteristics of minors to be responsible for hearing cases involving minors, and measures to maintain the stability of the juvenile trial team.
The "Opinions" also proposed to explore the establishment of juvenile courts by reforming or adding signs to the people's courts in some urban areas to hear criminal, civil, and administrative cases involving minors to ensure that minors receive special and priority protection in accordance with the law.