"I feel very prestigious" is the personal feelings of some minors involved in criminal activities.
In recent years, criminal organizations have seen minors in crime-related crimes in various parts of our country, and the incidence of minors-related crimes has been increasing year by year. The social impact of some crime-related crimes is relatively high. Most of the large-scale criminal cases of triad organizations such as quarreling and provoking troubles, extortion, and gatherings for fights are mostly caused by children who seem to be full of childish faces.
Experts point out that minors have extremely immature cognition of the underworld and are easily instigated and absorbed by underworld groups and become key members of the underworld groups. Therefore, it is urgent to prevent minors from being involved in underworld crimes. .
The rising number year by year is a warning sign
On April 23, 2020, the Supreme People’s Procuratorate announced 3 typical cases of using minors to commit underworld crimes:
After being released from prison in 2017, Fujian man Xie Daying wooed, recruited, and absorbed a number of minors (including 15 students at school, the youngest was only 13 years old), and he was bullied in Chengzhong Village, Jiaocheng District, Ningde City, Fujian Province , Harm the masses, do evil for wrong, dominate one side.
In December 2018, the court sentenced Xie Da guilty of organizing and leading a triad organization and other crimes. He was punished for several crimes and decided to execute a sentence of 13 years and 6 months in prison and confiscated all personal property.
Yangshan County, Guangdong Province, an evil criminal group headed by Li Wuzai, Zhang Sizhong, Luo Xiaoqiang (a minor) and other 6 members as regular members, used violence, threats and other means to carry out many illegal and criminal activities to oppress the local people. Disturb the order of social life and cause more severe social impact.
In December 2019, after the Yangshan County Procuratorate filed a public prosecution, the court sentenced Li Wuzi and others to the crime of provoking disturbances, obstructing testimony, intentional injury, illegal mining, and both crimes. It was decided to execute a six-year and six-month imprisonment and a fine of 50,000 yuan.
Xinhe County, Hebei Province, since October 2018, Jin Baiyu has repeatedly posted information about buying bank cards on QQ group, and hired Wen Junsheng, Liu Mingliang, and An Mingyu (3 persons are minors) to form a vicious force of selling bank cards Criminal gangs use threats, illegal detention and other methods to carry out illegal and criminal activities.
On December 31, 2019, Jin Baiyu was sentenced to four years and six months in prison and fined 30,000 yuan for committing crimes of obstructing credit card management, illegal detention, and provoking quarrels.
In April 2020, Wan Chun, a full-time member of the Supreme People’s Procuratorate Committee, pointed out at a press conference that although the total number of minors involved in triad crimes is small on the whole, it accounts for a small proportion of crimes in the same period, but the number is year by year increase.
From 2017 to 2019, procuratorial organs across the country organized, led, and participated in criminal cases involving underworld organizations, and the number of juveniles accepted for review and prosecution were 84, 428, and 552, respectively. In 2018 and 2019, they increased from the previous year. 410% and 29%.
Wan Chun said that the more prominent problem is that some underworld forces use the criminal law's provisions on the age of criminal responsibility to deliberately target minors as development targets in order to evade criminal punishment and seriously damage the physical and mental health of minors, whether it is to the society. Harmony and stability are still extremely harmful to the growth of minors.
Some experts also pointed out that the number of juvenile crimes involving gangs has picked up. It is a warning sign for relevant parties, schools, families, and society, and must be taken seriously.
Simple and rude criminal methods
Jin Gaofeng, a professor at the People's Public Security University of China, has conducted in-depth research on the issue of minors involved in criminal gangs.
Jin Gaofeng believes that in terms of the national situation, there are very few cases where minors organize and lead triad organizations, but there are many cases where they participate in triad organizations.
In cases involving triads and crimes involving minors, simple criminal methods and strong violence are a major feature of such cases.
In the face of the victim, once the intent arises, it will be implemented immediately, or publicly entangled, or violently added, and the victim will be restrained physically and mentally, so that he does not dare to resist or cannot resist.
The Yangzhong City Procuratorate of Jiangsu Province handled a forced prostitution case.
The 17-year-old girl Zhang not only prostituted herself many times, but also forced 10-year-old Zhang into prostitution.
In order to control Zhang, Zhang and others threatened Zhang with slaps, kicks, and hair pulling, and escorted Zhang to the prostitution room. After receiving the money at the door of the room, Zhang was escorted away.
Since the launch of the special campaign against gangsters, the Yicheng District Procuratorate of Zhumadian City, Henan Province has accepted 5 cases involving minors involving gangs and 63 people. Judging from the methods used in these cases, minors are in the process of fighting involving gangs. They often use tools with greater lethality, and they are heavy and unknowing in the process of fighting each other, causing serious consequences.
A large number of investigations by the case-handling departments found that in recent years, the main characteristics of minors-related crimes involving gangs are "more than five and one concentration"-more common crimes, more accomplices, more men, more unemployed persons, and more students; the types of crimes are relatively concentrated ( They are mainly crimes such as gathering people to fight, provoking trouble, intentionally hurting, and extorting them).
The survey also shows that there are basically no individual individual crimes among minors involved in criminal activities. Most of them are involved in a criminal organization and commit crimes jointly with others.
In these gang-related crimes, minors are not the organizers or leaders of a certain case. They are all accomplices. During the crime, they are mainly under the command of others. Individuals do not participate in the planning and organization. They also do not participate in the planning and organization of the crime. Not an active participant, the role of committing some crimes is mostly reflected as a secondary role.
And the age of these minors is generally between 16 and 18 years old, a small number of children also have twelve or thirteen-year-old children, the education level is generally mostly junior high school, and dropouts are common.
There is a tendency to penetrate the campus
It can be seen from the investigation of experts and case-handling agencies that among minors involved in gang-related crimes, more than 60% of them are caused or triggered by the lack of education.
The Nan'an District and Banan District Courts of Chongqing City have investigated more than 1,700 juvenile offenders and found that most juvenile offenders lack family and school care, especially those with poor academic performance and sensitive minors. With self-rejection and rebelliousness, after the two important communication channels of school and family are blocked, they can only confide in the society and their peers.
Some criminal organizations have taken advantage of this psychology to induce them to join small groups or even triad organizations, so that they transform from a "marginalized group" in school to a "marginalized teenager" in society, and finally become a "problem teenager" and A member of the evil organization.
The police in Luxian County, Sichuan Province, uncovered a gang-related case involving nearly a hundred students in the "Xinlong Club".
The "New Dragon Club" is mainly based on students. The oldest member is 16 years old and the youngest is only 14. This organization has established branches in towns and villages to engage in illegal and criminal activities such as roadblocking, robbery, theft of public and private property, quarrels, and fights. It caused strong anxiety and panic among local schools and people.
In October 2017, after serving his sentence, Gao Siguo, a 20-year-old from Huai’an District, Huaian City, Jiangsu Province, met Qiu (16) and Guo (17) through Yin (17). In order to become a powerful force, Gao Siguo also Successively attracted and absorbed a number of minors into the gang, and gradually formed a 15-person criminal gang headed by him.
In this gang, 11 people are minors, and 4 of them are school students.
The prosecutor Zou Yueyuan said that Gao Siguo and others have a strong purpose in attracting and recruiting members. They specifically seek out minors who are not paid attention to by teachers and parents in schools and families due to poor academic performance, single parents, etc., and reuse them. These children have exerted influence and penetration on their peers around them. Through violence, threats, and hard-handed methods, they have participated in many illegal and criminal activities directed at students or other disadvantaged groups, seriously disrupting the order of local social life. Caused a bad influence.
In August 2019, Gao Siguo was sentenced to twelve years and eight months in prison by the court, and the other 14 members were sentenced to five years in prison to three months in detention.
Easily exploited by evil forces
There are many reasons why minors are involved in gangs, including improper family discipline, lack of school education, and other social reasons.
In general, it is difficult to say which specific reason prompted minors to be involved in triad crimes. After analyzing many cases, some professional researchers and community workers generally believe that, in addition to the above reasons, most minors are behind the crimes involved in triads. You can see the deep influence of bad internet information and the underworld subculture on minors.
Li Jingxian, a lawyer from Inner Mongolia Dongri Law Firm, has been exposed to some juvenile crime cases in the past two years. In her opinion, the widespread use of the Internet, Internet culture and Internet-based communication have seriously affected the lifestyle and Communication methods.
There are many themes such as "gangs" and "jianghu" in online games, which mainly show behaviors such as beating, killing, and robbing, which subtly influence the values and behaviors of minors.
"Some film and television works show how the underworld is showing off their power and how they are greedy for pleasure. This is very tempting and attractive to minors who have not been involved in the world. They are likely to transfer this behavior seen in the Internet or film and television works to the real world. go with."
A "Tianyan Gang" triad organization case handled by the procuratorial organ of Ganzhou City, Jiangxi Province also shows that some social software is becoming a new breeding ground for minors and criminals.
The "Tianyan Gang" criminal organization headed by the "post-00" Yao Xing, used a short video App and face-to-face to add QQ, WeChat and other methods of underage girls at school to rape (gang rape) under the guise of dating. Then control personal freedom and force girls to prostitution.
The prosecutor handling the case said that the reason why the "Sky Eye Gang" was able to rise was that social software played a role in fueling the flames.
After the criminal organization posted the "Tianyan Gang" group photo and related videos on a short video App, the video became a local "hot" within a short period of time, with 110,000 views and more than 1,000 comments.
With this method, the "Tianyan Gang" quickly absorbed members from the idlers and school students, and gradually developed into a triad organization with a large number, clear hierarchy, clear division of labor, and strict discipline. It carried out theft, inducing prostitution, and collecting "Protection fees", fighting for others and other illegal and criminal activities, there are also designated persons responsible for teaching and demonstrating criminal methods.
Some fifteen or sixteen-year-old teenagers have "sky eyes" tattooed between their eyebrows, wearing black clothes and black cloth shoes, and leaving "bullets" to highlight their identity.
They hang around in bars, KTVs and hotels all the year round, drinking and smoking, quite like the big brothers of the underworld in Hong Kong movies.
In April 2019, the Ganzhou City Procuratorate prosecuted Yao Xing and other 18 people (including 11 minors) on suspicion of organizing, leading, and participating in a gang-like organization, and sentenced Yao Xing to 19 years in prison. Months.
The remaining 17 defendants of the criminal gang were sentenced to prison terms ranging from 19 years and nine months to two years and three months.
Minors are also very easy to be used in crimes involving gangs.
It is understood that many underworld forces lure and coerce minors to join. One of the main purposes is to make minors under the age of 16 surrender to the crime once the case is committed.
For example, the Jin Baiyu case in Xinhe County, Hebei Province.
After the incident, in order to evade legal responsibility, the chief activist Jin Baiyu argued that the criminal behavior of the minors in the gang had nothing to do with him, and he did not know it, and attempted to blame the minors who were exploited for provoking troubles.
Of course, the prosecutor refuted their sophistry one by one by showing strong evidence.
The investigator pointed out that there are still such situations in practice. Some minors are actually reluctant to participate in criminal activities involving the underworld, but they have to engage in relevant behaviors due to the coercion of the adults in the underworld forces.
On May 29, 2020, the Beijing Higher Court informed the public that the city’s court system mentioned a case of extortion and illegal detention when it tried to use minors to commit crimes.
The defendant Shao and others used beatings and restricting personal freedom in order to make a minor in the gang "obedient" and "obey" to force the minor to do what he did not want to do.
After that, the minor participated in the criminal activities of the gang several times under duress.
Lan Xiangdong, vice president of the Beijing Higher Court, believes that on the surface, some minors involved in the case have directly committed acts harmful to society and have the status of criminals, but in fact these minors are also to a certain extent. "Victim".
Work together to cut off the source of the lure
In order to promote the solution of the problem of temptation, coercion, and use of minors to commit gangster crimes, in recent years, multiple departments including the procuratorial organs have made active efforts to stop losses in a timely manner by analyzing the causes, improving the system, increasing crackdowns, and making suggestions .
On April 23, 2020, the Supreme Law, the Supreme People’s Procuratorate, the Ministry of Public Security, and the Ministry of Justice issued the "Opinions on Severely Punishing the Use of Minors to Committing Underworld Crimes" (hereinafter referred to as the "Opinions"), which clearly stated that 9 types of exploits should be Adults who commit crimes by underworld forces shall be severely punished, especially the five categories of criminals, chief members, backbone members, gatherers, principal offenders, and direct users who use minors to commit crimes. The various stages of prosecution, trial, and enforcement fully reflect the strict punishment in accordance with the law.
In order to strengthen the coordination and linkage between various departments and effectively prevent minors from being used by criminal forces, the "Opinions" also clearly stipulate that a cooperative working mechanism with the Communist Youth League, Women’s Federation, education and other departments should be established to carry out targeted guardians of minors. Family education and guidance, education and training on the rule of law for faculty and staff, educate and guide minors to stay away from illegal crimes, promptly block the connection between minors and criminal forces, and prevent minors from being induced and used by criminal forces.
In addition, the "Opinions" also emphasized the need to promote network information departments to carry out special governance and strengthen the protection of minors online.
Strengthen ties with neighborhoods, communities and other grassroots organizations, attach importance to and give play to the important role of grassroots organizations in preventing juvenile crimes involving gangs, and further promote community corrections institutions to take targeted corrective measures for juvenile community corrections subjects.
In addition to the introduction of the "two highs and two ministries" system, local procuratorial organs have also combined with case handling practices to supervise the relevant departments to strengthen management and plug loopholes on the illegal reception and accommodation of minors in Internet cafes, entertainment venues and hotels.
In response to the new situation of underage-related crimes, the Chongqing Municipal Procuratorate promptly issued procuratorial recommendations to the Municipal Public Security Bureau, suggesting to further increase the supervision of cyberspace, and actively carry out special clean-up operations and KTV, KTV, Special rectification actions in special places such as Internet cafes and hotels have formed a normalized supervision mechanism, established "isolation zones" and managed "dangerous areas."
After receiving the procuratorial advice, the Chongqing Municipal Public Security Bureau responded immediately, and combined with the city’s Culture and Tourism Commission and the Market Supervision Bureau to carry out the clean-up of "black Internet cafes", and deployed a two-month special centralized rectification of Internet cafes around the campus. Actions, 5,400 investigations of Internet cafes, banned "black Internet cafes" and 20 Internet cafes illegally accepting minors.
The Nan'an City Procuratorate in Fujian Province, in response to the illegal acceptance and employment of minors in local bars, nightclubs, etc., induced 22 outstanding criminal cases involving minors throughout the year, and issued procuratorial recommendations to strengthen supervision to four functional departments including public security to supervise the development Reorganize work.
Public security and other departments have strengthened the monitoring and management of the public security environment around schools and other minor gathering places, strengthened the supervision of employees in bars, Internet cafes, karaoke bars, bathing centers and other places, prohibiting the admission and recruitment of minors, and implementing identity registration in relevant places The system guides minors to stay away from the "high-incidence industries" involving gangs and crimes.
Only one similar case occurred in the city in 2019.
Li Jingxian and other legal workers said in an interview that social transformation, the development of network information, and the sharp decline in the age of mobile phone users will inevitably have an impact on the education of minors.
"How to prevent minors from committing crimes, especially how to prevent minors from being used as criminal tools by evil forces, is a systematic project that requires all parties to form a joint effort to protect. As legal workers, we have the responsibility to keep our children off the edge of the cliff. Pull up and come back.” What is gratifying is that the construction of related legal systems is also improving day by day.
On October 17 and December 26, 2020, the Standing Committee of the National People's Congress voted to pass the newly revised Law on the Protection of Minors and the Law on the Prevention of Juvenile Delinquency.
After the two newly revised laws on minors are officially implemented, they will play a greater role in comprehensively protecting minors from infringement and preventing minors from committing crimes.