Yang Wanming, Vice President of the Supreme Court and Director of the Juvenile Court Office: Make good use of family education orders to prevent children from going the wrong way
On January 6 this year, the Tianxin District Court in Changsha, Hunan issued the country's first family education order. Since then, many courts across the country have successively issued family education orders and family education guidance orders in handling juvenile crimes and family disputes.
"From the perspective of judicial practice, 'problem children' often come from 'problem families'." Yang Wanming, vice president of the Supreme Court and director of the Juvenile Court Office, said that the Supreme Court will strengthen follow-up and inquiry, prevent formalism, and ensure that family education guidance is effective. .
crime prevention
"Problem children" often come from "problem families"
Beijing News: In March last year, the Supreme Court established the Juvenile Court Work Office.
What are the general trends in juvenile delinquency?
What are the characteristics?
Yang Wanming: In recent years, the number of juvenile offenders sentenced by courts across the country has been between 32,000 and 35,000 each year, accounting for 2% to 2.5% of all criminal offenders in the same period, showing a relatively stable and slightly declining trend.
From the perspective of crime types, the types of juvenile crimes are relatively concentrated, mainly property crimes and violent crimes, mainly in theft, robbery, intentional injury, picking quarrels and provoking trouble, gathering a crowd to fight and other crimes.
The number of crimes of rape and fraud committed by minors has increased.
In terms of education level, the educational level of juvenile criminals is relatively low. A considerable number of them drop out of school and enter the society without completing compulsory education. They generally lack livelihood skills, proper occupation and stable economic sources.
Judging from the form of committing crimes, the characteristics of juveniles committing crimes together or in gangs are more obvious, accounting for about 30% of juvenile criminals.
At the same time, affected by the bad factors in the Internet and online games, some juvenile crimes have imitated characteristics.
Judging from the punishment situation, the people's courts have conscientiously implemented the policy of "education first and punishment second", and insisted on being tolerant but not condoning juvenile crimes. Among them, the proportion of severe sentences such as imprisonment for more than 5 years accounted for about 10%. The proportion of non-custodial sentences is between 20% and 25%.
The Beijing News: Juvenile delinquency is distressing. How to better prevent juvenile delinquency?
Yang Wanming: The total number of juvenile crimes is not large, but all aspects of society are highly concerned.
Through the analysis of recent cases, it can be seen that the reasons for juvenile delinquency are multi-faceted and complex, including the reasons for the rapid development and transformation of the society, and the reasons for the imperfect social management; There are also reasons for the minors themselves.
From the perspective of judicial practice, "problem children" often come from "problem families".
The lack of and improper family education is one of the important reasons for children to commit bad behavior or illegal and criminal behavior.
The "Family Education Promotion Law", which came into effect on January 1 this year, provides specific guidelines for the development of family education and clear norms for practical problems.
Parents must study this law seriously, use correct thinking, methods and behaviors to educate minors to develop good thoughts, conduct and habits, and prevent their children from committing crimes.
The prevention of juvenile delinquency is a systematic project that requires the joint efforts of the whole society.
The people's courts will fully perform their judicial duties, and at the same time strengthen cooperation and cooperation with relevant parties, promote the close connection of the "six major protections", and form a joint force to jointly create a good social environment for the healthy growth of minors.
family education order
Parents should bear the main responsibility in family education
Beijing News: Recently, courts in many places across the country have successively issued family education orders in cases involving minors. What is the value and role of family education orders?
Yang Wanming: The "Family Education Promotion Law" raised family education from traditional "family affairs" to "state affairs" in the new era, opening the era of "bringing children according to law".
The "Family Education Promotion Law" stipulates that parents should bear the main responsibility in family education, and also stipulates what to do and how to do it.
For example, parents should not only care about their children's "food, drink, and clothing", but also strengthen parent-child companionship. Even if the parents are separated or divorced, they cannot be exempted from these responsibilities and obligations.
For parents, the main responsibility of family education is an all-round responsibility and a legal responsibility.
In the process of handling a case, the people's court may issue a family education order according to the specific circumstances, ordering the parents to receive family education guidance.
The family education order is conducive to correcting parents' neglect of fulfilling family education responsibilities, improper implementation of family education, and other acts infringing upon the legitimate rights and interests of minors in accordance with the law; it is beneficial to urge parents to provide minors with a good family environment and promote the health of minors growing up.
Beijing News: How does the court ensure that the family education order is implemented?
Yang Wanming: After the "Family Education Promotion Law" was implemented, courts at all levels across the country quickly implemented it. Many courts issued family education orders in accordance with the law. Some courts individually or jointly with relevant departments issued detailed implementation rules, established family education guidance workstations, and invited relevant professionals. Jointly carry out family education and guidance to parents, and achieved very good results.
At the same time, the Supreme People's Court has also noticed that the family education instruction orders issued by courts across the country are not uniform in terms of name, form, content and application, and the methods of enforcement and legal consequences of non-compliance lack clear specifications.
In this regard, the Supreme People's Court has begun to investigate and regulate the issue of family education orders, and further improve and standardize the application, form, content, enforcement methods, and legal consequences of non-compliance with the family education guidance provided by the people's courts, so as to ensure the accurate, uniform, and effective implementation of the law. .
The Supreme Court will also strengthen follow-up and follow-up, prevent formalism, and ensure that family education guidance is effective.
Judicial interpretation
Judicial interpretation proposed to severely punish crimes of sexual assault of minors
The Beijing News: In terms of protecting minors, in March last year, the relevant person in charge of the Supreme Law introduced that they have started to draft a judicial interpretation for crimes of rape and molesting minors.
How is the drafting progress so far?
What problem will be focused on solving?
Yang Wanming: In view of the outstanding legal application problems in the judicial practice of handling criminal cases such as rape and molestation of minors in recent years, and in view of the amendments made to some crimes of rape and molestation of minors in the Criminal Law Amendment (11), In order to ensure the accurate application of relevant laws in case handling, the Supreme People's Court has conducted in-depth research and drafted relevant judicial interpretations. Released after deliberation.
The Judicial Interpretation intends to clarify and unify the legal application standards for the determination of some serious and aggravated circumstances of crimes of rape and molestation of minors, as well as new situations and new issues such as cases of sexual abuse of minors that appear along with the information network.
The judicial interpretation adheres to the concept of maximizing the interests of minors, and guides judicial organs to implement the policy spirit of severely punishing crimes of sexual assault against minors in accordance with the law and strengthening the protection of minor victims.
Personal Information Protection
The number of telecommunications and network fraud crimes has dropped significantly
Beijing News: In recent years, crimes against citizens' personal information have been on the rise. What has the court done?
Yang Wanming: In the information age, personal information protection is one of the most concerned, direct and realistic livelihood issues for the general public.
The people's courts give full play to their judicial functions, severely punish crimes that violate citizens' personal information in accordance with the law, and provide strong judicial guarantees for the protection of personal information.
In the past five years (2017 to 2021), a total of 13,569 criminal cases against citizens' personal information were newly received by courts across the country, 12,991 cases were concluded, and 27,128 people were sentenced to effect; among them, 4,484 defendants were sentenced to fixed-term imprisonment of more than three years, accounting for The ratio is as high as 16.53%.
In 2021, the Supreme People's Court formulated and promulgated the "Regulations on Several Issues Concerning the Application of Law in the Trial of Civil Cases Related to the Use of Face Recognition Technology to Process Personal Information", which refined the judgment rules for the protection of face information and effectively curbed the abuse of face recognition technology. Elephant, let the masses no longer worry about the "face" issue.
The Supreme People's Court and local people's courts at all levels also released typical cases in a timely manner to deter criminals and guide the people to use legal weapons bravely to safeguard their own rights and interests.
The Beijing News: The crime of infringing on citizens' personal information is often combined with crimes such as telecommunication and network fraud.
How does the people's court combat the crime of telecommunication and network fraud?
How will the related work be carried out in the future?
Yang Wanming: The people's court attaches great importance to cracking down on the crime of telecommunication network fraud and related crimes, and has always adhered to the policy of severe punishment according to the law and a comprehensive and full-chain crackdown, and has taken various measures and achieved positive results.
In terms of laws and regulations, in June last year, the "two high schools and one department" jointly issued the "Opinions on Several Issues Concerning the Application of Law in Handling Criminal Cases such as Telecom and Internet Fraud (2)", aiming at the prominent cases of telecom network fraud and related crimes in judicial practice. It further clarified the applicable legal standards, unified law enforcement and case handling, and ensured a more powerful and effective crackdown on such crimes.
In terms of case trial, the Supreme People's Court requires the people's courts at all levels to organize competent forces to improve trial efficiency, ensure the quality of cases, and severely punish criminals of telecommunication and network fraud in accordance with the law.
For related crimes such as crimes of infringing on citizens' personal information and crimes of helping information and network crimes, the people's courts also adhere to the policy of severe punishment, so as to cut off the help chain of telecommunication and network fraud crimes.
Since the middle of last year, the number of telecommunications and network fraud crimes has shown a significant downward trend year-on-year.
In the future, the people's courts will also intensify efforts to recover stolen goods and recover losses, vigorously promote source governance, protect the legitimate rights and interests of the people, and maintain social harmony and stability.
Beijing News reporter Sha Xueliang