Law

Punishing 'problematic youth' depends on age or degree of harm

2025-09-12   

In recent years, the topic of juvenile delinquency has received high attention on the internet, and extreme cases of juvenile delinquency can easily trigger discussions. Many readers have written to this newspaper to discuss relevant issues. Can these 'problematic teenagers' be punished? Will age be the 'exemption gold medal'? In response to public concerns, the reporter interviewed case handling judges, relevant officials of the First Civil Trial Division of the Supreme People's Court (hereinafter referred to as "the First Civil Trial Division"), National People's Congress deputies, relevant experts, etc., to jointly explore how to better guide minors to respect the law and know what to do. Can 'problematic teenagers' be punished? The discussion of related topics reflects the public's concern and worries about the issue of juvenile delinquency. This concern is not unreasonable and reflects changes in the social situation. ”The relevant person in charge of guiding the trial of minors in the Civil First Division of the Supreme People's Court introduced that in recent years, the number of juvenile crimes has increased. Since 2021, the number of juvenile offenders sentenced by people's courts at all levels has been between 30000 and 50000 annually. The reporter learned that the types of juvenile delinquency are relatively concentrated, with a large proportion of crimes such as property theft and rape. According to data from the Supreme People's Court, theft has long been the leading crime committed by minors, with a continuous increase in the number of cases in recent years, including random theft of mobile phones, daily necessities, and multiple thefts. The proportion of violent crimes that seriously violate personal safety, such as intentional homicide, is relatively small. ”The relevant person in charge of the Civil First Division of the Supreme People's Court stated that the occurrence of extremely vicious cases will seriously impact the bottom line of public security. Can these 'problematic teenagers' who commit heinous crimes be punished? Let's take a look at the handling of a judicial case: 13-year-old Ding, dissatisfied with his mother's rough parenting style, had thoughts of killing to vent his anger. He then deceived an 8-year-old girl into a wasteland and brutally murdered her. The investigating judge introduced that based on the circumstances of the crime and subjective malice, the people's court punished Ding severely according to law, sentencing him to life imprisonment and depriving him of political rights for life. To return fairness to the victims and demonstrate fairness to society, the individual case judgment declares the judicial attitude: tolerance but not indulgence towards juvenile delinquency. We will resolutely punish juvenile crimes with deep subjective malice, cruel criminal methods, and serious consequences in accordance with the law. Through punishment, we will correct juvenile offenders, give full play to the deterrent effect of criminal law, and educate more minors to develop a sense of respecting and abiding by the law from an early age. To understand the logic of punishment, one must also recognize the age line set by the law. The Criminal Law of our country stipulates the age system of criminal responsibility: persons who have reached the age of 16 and committed crimes shall bear criminal responsibility; Individuals who are over 14 years old but under 16 years old shall bear criminal responsibility for eight types of serious crimes, including intentional homicide, intentional injury causing serious injury or death, rape, robbery, etc., in accordance with the law; Individuals who are over 12 years old but under 14 years old and have been approved for prosecution by the Supreme People's Procuratorate under specific circumstances shall bear criminal responsibility in accordance with the law. The policy of educating, rehabilitating, and rescuing minors who commit crimes, adhering to the principle of education as the mainstay and punishment as a supplement, is a clear provision of the Criminal Procedure Law and other laws. The relevant person in charge of the Civil First Division of the Supreme People's Court introduced that juvenile delinquency cannot be simply "locked up" or "let go". Considering the unique physical and mental characteristics of juvenile offenders, as well as the need to protect the interests of victims and society, it is necessary to adhere to the principle of balancing leniency and severity, and combining punishment with rehabilitation. It can be said that punishing 'problematic youths' depends on both age and the degree of harm. The age line is a basic defense and protective barrier set by law based on the physical and mental development laws of minors, and the degree of harm is a key criterion for measuring the malignancy of behavior and the necessity of punishment and correction. Both serve the principle of education as the mainstay and punishment as a supplement, ultimately leading to the rescue of lost youth, comfort for victims, maintenance of social fairness and justice, and protection of future hope. Will the age line lead to 'educational failure'? There is sometimes a "temperature difference" between the rigidity of the law and the expectations of society. For example, in some cases of harm committed by minors, the perpetrator was not held criminally responsible due to not reaching the age of criminal responsibility. Some netizens questioned whether the age line would become a "gold medal for exemption" and cause "education failure"? The answer is negative. Criminals must be held accountable, age is not a 'gold medal' for exemption. Not imposing criminal punishment on minors who violate criminal law does not mean leaving them unattended, but rather imposing different forms of legal responsibility on them through "graded intervention". The guardians of minors should also bear corresponding responsibilities for the damages caused to them in accordance with the law. In fact, many countries have established juvenile justice systems and hierarchical classification governance systems for juvenile delinquency. In China, the Criminal Law and the Law on the Prevention of Juvenile Delinquency have established a specialized correctional education system, which provides necessary correctional education to minors who are not criminally punished due to being under the age of 16. ”Tong Lihua, director of the Beijing Youth Legal Aid and Research Center, introduced that through specialized correctional education, minors are treated and educated in specialized venues with closed-loop management, changing their negative thoughts and behavioral habits, enhancing their self-management and self-education abilities, and maximizing the prevention and reduction of juvenile delinquency. There are two main considerations for the design of this system: first, corrective education, and second, persuasion and rescue. Although minors who have not reached the legal age of criminal responsibility will not be subject to criminal punishment, this does not mean that they will be 'let go'. Special corrective education should be provided to help them deeply understand their mistakes, enhance their legal awareness, and strive to reform themselves. ”Fang Yan, a representative of the National People's Congress and a lawyer from Beijing Jincheng Tongda Law Firm, said that this is within the framework of the law, fully considering the special characteristics of minors, and achieving a balance between leniency and severity, as well as a combination of punishment. The law is not only about punishment, but also focuses on the long-term interests of minors, the country, and society. The relevant person in charge of the Civil First Division of the Supreme People's Court stated, "Through measures such as court admonishment, strict discipline orders, and specialized corrective education stipulated by law, we aim to educate and rescue juvenile offenders to the maximum extent possible, and maintain social fairness. How to prevent juvenile delinquency? The important focus of resolving public concerns lies in adhering to a combination of punishment and prevention, and addressing both the symptoms and root causes. The reasons for juvenile delinquency have a certain degree of complexity. According to the Supreme People's Court, more than half of minors who commit crimes such as robbery, theft, and violent injury have been addicted to the internet for a long time, and a relatively high proportion of them have criminal motives due to the influence of harmful online information; There are still many issues of lack of family guardianship. Some juvenile delinquency is also due to inadequate social management in a few areas. This enlightens us that in addition to increasing judicial punishment, we should also pay more attention to the front-end and prevention of diseases. During the trial of a juvenile crime case in a certain city in Heilongjiang Province, the investigating judge found that two juvenile defendants had organized multiple minors to take the addictive prescription drug Dexmedetomidine in a hotel before harming the victim. Further sorting out cases involving minors in the jurisdiction, the judge found that this situation has occurred from time to time: minors purchase dexmedetomidine through physical pharmacies, which endangers their physical and mental health and brings hidden risks. Some drug sellers lack a strong sense of responsibility to protect minors and illegally sell addictive prescription drugs to them. ”The investigating judge said that in order to jointly create a good social environment and protect the physical and mental health of minors, the court has issued judicial recommendations to the Market Supervision Administration of the city, suggesting that it improve the management system for the sale of addictive prescription drugs in pharmacies in its jurisdiction and carry out special inspections in key areas around the campus. In response to the judicial recommendations, the Market Supervision Administration of the city has made relevant regulations to improve the purchase of prescription drugs by minors. In conjunction with the Municipal Education and Sports Bureau, a special inspection and rectification action on prescription drug sales in key areas around campuses has been carried out, and teachers, students, and parents have been reminded to pay attention to the harm of excessive use of addictive prescription drugs by teenagers, and to guide primary and secondary school doctors, health care teachers, and retail industry representatives to use drugs safely. The protection of minors is a systematic project that involves many functional departments and thousands of households, requiring broad participation from all sectors of society. ”The relevant person in charge of the Civil First Division of the Supreme People's Court said that the People's Court is at the end of the judicial protection stage. While handling cases in accordance with the law, it will pay more attention to promoting comprehensive governance in trials involving minors, and promote the implementation of the "six protections" of family, school, society, network, government, and judiciary, jointly safeguarding the healthy growth of minors. (New Society)

Edit:Rina Responsible editor:Lily

Source:people.cn

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