China's highest prosecutors analyze the deep-seated reasons why minors violated the law or were violated
China News Service, Beijing, July 10 (Reporter Zhang Su) According to statistics on the handling of juvenile cases by Chinese prosecutors, in 2020, migrant juvenile crimes accounted for more than half of juvenile crimes; sexual assault on juveniles Among the victims of human crimes, single-parent families, inter-generational guardianship, and left-behind children accounted for more than 20%.
The head of the Ninth Procuratorate of China’s Supreme People’s Procuratorate disclosed the above-mentioned data on the 10th, and pointed out that poor family environment and improper guardianship are the deep-seated reasons why minors have embarked on the road of illegal crimes or been illegally violated.
"In cases of crimes against minors, the problem of'hidden' lack of guardianship is prominent." The person in charge said that in some cases involving minors handled by some provinces (autonomous regions and municipalities), nearly half of the minors involved did not share their parents. Living and being separated from family custody, nearly 80% of cases have improper family education methods such as indulgent parents or other guardians, assault and physical punishment.
In other words, in criminal cases involving minors, issues such as lack of guardianship, improper guardianship, and guardianship violations have become increasingly prominent.
The newly revised Law on the Protection of Minors and the Law on the Prevention of Juvenile Delinquency clearly stipulate the family education responsibilities of guardians and family members. At the same time, it is clear that the judiciary has discovered that the parents of minors or other minors who have committed serious bad behaviors in the process of handling cases Guardians who fail to perform guardianship duties in accordance with the law may be ordered to receive family education and guidance.
Recently, the Supreme People’s Procuratorate of China, the All-China Women’s Federation, and the China Care for the Next Generation Committee jointly issued the "Opinions on Comprehensively Carrying out Family Education and Guidance in Handling Cases Involving Minors."
Among them, it is proposed that for the four types of cases involving minors, it is necessary to conduct family education evaluations, and based on the evaluation results, provide minors’ parents or other guardians with suggestions for improving family education, and order them to receive family education guidance when necessary.
The specific circumstances include: First, the minor was made a decision not to prosecute due to minor crimes, or the prosecutorial agency made a conditional non-prosecution decision in accordance with the law; Second, the minor was investigated for criminal responsibility in accordance with the law or was not granted because he did not reach the age of criminal responsibility Criminal penalties; third, being violated by parents or other guardians; fourth, other circumstances where family education and guidance should be accepted.
Aiming at areas where minors frequently commit crimes, urban floating population concentration, urban-rural junctions, rural left-behind children concentration and other key areas, the opinions also require extensive preventive family education and guidance work in conjunction with case handling.
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