It is not uncommon for college graduates to go astray in finding jobs and engage in illegal and criminal activities. Expert advice
Legal education should be integrated into the employment guidance of college students
● From the crime of fraud to the crime of helping information network, from the crime of illegally absorbing public deposits to the crime of pyramid selling, in recent years, some college graduates have gone astray when looking for jobs, and have been punished by law for engaging in illegal and criminal activities. It is really embarrassing and regrettable
● For college graduates with limited social experience, lack of awareness of prevention, and superimposed anxiety about employment, it is easy to ignore the hidden legal risks in the job search process.
At the same time, this eagerness for employment also gives criminals the opportunity to deceive, deceive and even force graduates to engage in illegal and criminal activities.
● When educating college students on the rule of law, from the perspective of preventing college students from committing crimes, criminal law should be the top priority of legal education, so that they can have the necessary legal awareness and legal knowledge, and be able to keep their eyes open and identify illegal activities on the way to job hunting. crime
□ Our reporter Chen Lei
Not long ago, the police in Nanning City, Guangxi Zhuang Autonomous Region smashed a gang of fraudsters in the form of rebates and arrested 103 suspects.
Shockingly, there are many fresh graduates among them.
However, this is not an exception.
From fraud crimes to helping information network crimes, from illegally absorbing public deposits to pyramid selling crimes, in recent years, some college graduates have gone astray when looking for jobs, and they have been punished by law for engaging in illegal and criminal activities. It is really regrettable and regrettable.
In this regard, experts interviewed by the "Rules of Law Daily" reporter analyzed that due to limited social experience, weak awareness of prevention, and superimposed employment anxiety, it is easy for college graduates to ignore the hidden legal risks in the job search process.
At the same time, this eagerness for employment also gives criminals the opportunity to deceive, deceive and even force graduates to engage in illegal and criminal activities.
Experts suggest that it is necessary for the employment departments of colleges and universities and the departments where graduates belong to strengthen the education on criminal risk prevention of college students, improve the ability of college students to identify crimes and employment traps, and prevent some graduates from "entering the classroom as soon as they leave the school."
At the same time, for crimes that are not serious in nature, with relatively minor circumstances and less social harm, as well as the defendants who plead guilty and repent, and where lenient punishment is more conducive to social harmony and stability, leniency should be dealt with in accordance with the law, so that leniency and strictness are justified. , punished for the crime.
Anxiety fluke ignoring risk
Job-seeking crime is not an exception
It is not uncommon for college graduates to be involved in crimes for employment.
A special survey released by the Higher People's Court of Hubei Province in July 2021 showed that from January 2018 to May 2021, Hubei courts heard a total of 95 cases involving employment and job hunting for college students (during their internship and within 3 years of graduation). 261 defendants were involved.
According to the survey, the gangs or units involved in the case often intend to hire college students who have not yet been deeply involved in the world, who have just entered the workplace or have not yet graduated. Through language training, promotion and salary increases, they induce job-seeking college students to recruit customers as salesmen, which has become a chain of telecom fraud crimes. The underlying executor of , has a smaller role.
From 2014 to November 2017, the People's Procuratorate of Luyang District, Hefei City, Anhui Province reviewed and prosecuted 58 criminal cases involving the employment of college students, involving 158 college students.
Zhang Yanfeng, a senior partner at Beijing Jingdu Law Firm, also paid attention to this issue.
He said that in recent years, news of college students being held criminally responsible for crimes as soon as they graduated has been common in newspapers and has become a hot social issue.
In his view, this phenomenon can be viewed from two levels.
From an external point of view, in recent years, the employment situation of college students is generally not optimistic.
On the one hand, affected by the epidemic, many companies have reduced costs, streamlined positions and expenses; on the other hand, the number of college graduates has been increasing year after year, constantly breaking new record highs.
Under this circumstance, the job application competition is fierce, the involution is more serious, and the graduates have less choice, and they are reluctant to give up job opportunities easily.
This brings opportunities for criminals to deceive, deceive and even force graduates to engage in illegal and criminal activities.
"From a personal point of view, the consumerism and money worship created by the current Internet have a great impact on the cognitive psychology of contemporary young people. Graduates are new to society, they have insufficient understanding of their own abilities and social status, and have little life experience and poor recognition ability. Strong, but eager to realize self-worth, earn money as soon as possible to give back to the family. In 'work', even if the unit is found to be involved in illegal and criminal activities, due to negative influences such as bad environment and high salary temptation, or has a fluke mentality, it does not stop in time It is a pity that people choose to continue to participate in criminal acts, resulting in more and more harm, and eventually being held criminally responsible." Zhang Yanfeng said.
Wang Jianbo, a professor at the Law School of Capital University of Economics and Business, believes that this is related to the limited social experience of college graduates and their lack of awareness of prevention. At the same time, as the pressure of employment competition increases, many college graduates feel more and more anxious, and it is easy to apply for a job. Ignore the hidden criminal legal risks.
According to Wang Jianbo's observation, many cases reflect that fraudulent organizations take advantage of college graduates' eagerness to seek employment and eagerness to find employment, and publish job information through online recruitment platforms, under the banner of company recruitment, and use seemingly standardized procedures to notify interviews and entry. It is necessary to be more vigilant in attracting and enticing college graduates who are seeking jobs to join with the words of generous remuneration and broad career development prospects.
Prevention must be the priority
Carry out legal education in a timely manner
According to the interviewed experts, in order to prevent college students from being mistakenly involved in workplace crimes when seeking employment, they should insist on prevention as the main priority, and universities should provide special legal education to graduates.
In practice, some places have been active.
Recently, the unveiling ceremony of the Huzhou City University Student Crime Prevention Research Center in Zhejiang Province and the inauguration ceremony of the alliance were held at Huzhou Teachers College.
Huang Xiaoliang, a professor at the Academy of Criminal Law Science of Beijing Normal University, believes that the CPC Central Committee has proposed to "deeply carry out publicity and education on the rule of law and incorporate the education of the rule of law into the national education system". Universities are an integral part of the national education system, and publicity and education on the rule of law should be carried out for college students. Righteous.
In Huang Xiaoliang's view, when educating college students on the rule of law, from the perspective of preventing college students from committing crimes, criminal law should be the top priority of legal education, so that they have the necessary legal awareness and legal knowledge, and can polish their careers on the road. Eyes, identify illegal crimes and avoid straying into them.
"This kind of legal education should be integrated into employment guidance. Specialized employment management guidance departments and departments in colleges and universities can conduct regular special legal education activities after college students enter their last semester." Huang Xiaoliang suggested.
Wang Jianbo believes that it is very necessary for the employment departments of colleges and universities and the departments where graduates belong to strengthen the education of criminal risk prevention for college students, so as to improve the ability of college students to identify crimes and employment traps.
"College graduates must raise their awareness of risk prevention when applying for a job; if they find themselves involved in a fraudulent criminal organization after joining the job, they must not take the law and blame the public for flukes. They should preserve evidence as much as possible and report to the case in time."
Huang Xiaoliang believes that, in addition, the public security organs and relevant judicial organs can also timely announce to the public the crime situation in key areas and key industries, especially to communicate with the employment management and guidance departments of colleges and universities, and jointly carry out the necessary publicity and education on the rule of law to avoid some incidents. The situation of graduates who "entered the classroom as soon as they left the school".
In Zhang Yanfeng's view, this issue needs to be viewed from multiple perspectives.
The first is to increase the efforts to popularize the law and build a firm bottom line for law-abiding.
We must pay close attention to key periods such as enrollment and graduation, and focus on law popularization education. By guiding college students to establish a correct outlook on life, strengthen the concept of law and discipline, and strictly abide by the law.
At key nodes such as internships, job hunting, and employment, job-seeking counseling and education on the prevention of criminal risks should also be carried out in a timely manner, combined with real cases, to help college students establish a correct employment outlook.
The second is to strictly implement supervisory responsibilities and purify the job search environment.
While cracking down on "black intermediaries" and false signboards, relevant departments must strengthen the supervision of online recruitment platforms.
For key issues such as brushing, high salaries, and part-time customer service, the platform should strengthen information review, establish an early warning mechanism, and issue warnings in a timely manner for abnormal situations.
"Finally, we must crack down on organized criminals to form a strong deterrent. For these criminals who use the Internet to publish false job information and deceive college students, we must severely crack down and deal with them severely, form a high-pressure situation, and demonstrate the determination of justice to punish such crimes. ” Zhang Yanfeng said.
Zhang Yanfeng also reminded that as a college student, you must master some common legal knowledge, especially some crimes that are easy to be committed, such as fraud, occupation, false invoicing, opening casinos, non-state staff accepting bribes, and illegally absorbing the public. Deposits, pyramid schemes, etc.
At the same time, you must have a sense of risk. Don't just stare at the "pie" and see no "trap". You must choose carefully for some jobs that pay little but pay a lot of money, such as some irregular wealth management companies, investment companies, and collections. companies, pension projects, etc.
In addition, if you find that there is a problem after work, you can consult a legal person or check the relevant knowledge online. If you feel bad, you can leave in time.
Implement the policy of combining leniency with strictness
Do a good job in probation education
After more than ten years of hard study, he entered the classroom.
College graduates can make great achievements after graduation, but they accidentally fall into the quagmire of crimes. While people regret, they also ask the question: Is it necessary to establish a criminal policy for college students' job-related crimes from the criminal law, and explore the construction of a prevention mechanism for college students' job-related crimes?
Regarding this issue, Huang Xiaoliang said that the criminal law has special criminal policies for special groups.
Graduated college students are generally adults and have undergone higher education, and their cultural and cultural quality and legal awareness are higher than other groups, and there is no need for special criminal policies for graduate students.
However, he also believes that from the perspective of social development, talent training and use, appropriate leniency can be given to college students in accordance with the current criminal policy of combining leniency with strictness.
For example, in a specific criminal case, the circumstances and subjective guilt can be considered, and fewer arrests and prudent prosecutions, guilty pleas, recognition of meritorious deeds, and the application of probation, etc., can be more applicable to the crime of fresh graduates.
"If necessary, the competent education department can jointly formulate and issue documents with the highest judicial organ, the Ministry of Public Security, and the Ministry of Justice, so as to promote a consensus in the society."
In Zhang Yanfeng's view, the criminal policy of combining leniency and strictness should be implemented in combination with legal provisions on the premise of maintaining stability and resolving conflicts in the case of college students' job-seeking-related crimes.
In judicial activities, lenient punishment is more conducive to social harmony and stability for crimes that are not serious in nature, with relatively minor circumstances and less social harm, and where the defendant pleads guilty and repents. Strict evidence, punished for the crime.
"In the stage of investigation and filing, it is necessary to avoid the problem of objective guilt, and focus on examining whether the students involved subjectively know that there is a crime, whether they have been deceived or deceived, and deal with it flexibly in accordance with the relevant provisions of the Public Security Administration Punishment Law. The criminal justice policy of "fewer arrests, careful prosecution and careful detention" may not arrest college students with minor circumstances, first-time offenses, and lesser roles in the crime. Detention measures should be used prudently, and a reasonable assessment of college students' crime situation and post-crime performance should be made as appropriate. The decision not to prosecute or suspend the prosecution shall be applied. In the trial stage, the judicial goodwill shall be fully released, the students’ subjective viciousness, repentance performance, compensation and return of illicit property, and other issues shall be considered, and the decision shall be made from the circumstances of accomplice separation, crime suspension, surrender, meritorious service, etc. Review. On the premise that the culpability and punishment are suitable, try to make a lighter sentence according to the law." Zhang Yanfeng suggested.
Zhang Yanfeng believes that in the implementation stage, attention should be paid to psychological counseling and probation education for college students, and attention should be paid to human rights protection while punishing crimes. On the basis of the existing criminal record sealing and other systems, it is necessary to discuss the applicable space based on the specific circumstances of the case.
Beware of the possibility that students who have served their sentences give up on themselves, cross-infect others due to imprisonment, and re-offend after returning to society.
Wang Jianbo believes that those who have indeed entered a fraudulent organization by mistake, and who have repented in the process of committing the crime, have the crime suspended, or have surrendered and other lighter sentencing circumstances after the event, should be given lighter punishments based on the principle of curing the disease and saving people; After entering a fraudulent organization by mistake, those who are dazzled by the interests, take a fluke, actively participate in fraud crimes, and even become the backbone of the core force, must be resolutely cracked down.