Original title: reducing the age of criminal responsibility is the best policy?
Source: the people's court newspaper
Considering the international trend, China's national conditions, social effects and radical measures, reducing the age of criminal responsibility is obviously not a best policy.
It is not a universal policy to reduce the age of criminal responsibility
According to reports, 3 months ago, the girl Zhang in Xiaogan, Hubei Province, was waiting for the elevator, was held by a boy Xiao Huang with scissors, carried out robbery, and was stabbed by scissors. After being arrested by the police, the assailant was not released for criminal responsibility because he was under fourteen years old. He was released soon.
According to the provisions of the criminal law of China, people under fourteen years of age do not bear criminal responsibility no matter what kind of acts endangering society. In recent years, juvenile delinquency has shown a trend of low age. The legislative limit on the age of criminal responsibility at the age of fourteen makes the malpractice of minors under the age of fourteen years of age serious harm to social behavior become more and more prominent. Girl Xiao Zhang's experience again triggered a social cry for reducing the age of criminal responsibility.
Advocates think that most children are precocious now, reducing the age of criminal responsibility is conducive to curbing the occurrence of similar malignant events, otherwise it will not only help their own transformation, but also have a demonstration effect. Previously, the general provisions of civil law have reduced the age limit for persons with capacity for civil conduct from the age of ten to eight years old, providing a reference for the division of criminal responsibility.
The case of violence against the media and the serious harm of social behavior to the young minors is easy to give people a severe punishment for the emotional resonance of the injuring people. But whether it is a positive basis and amend the universal law, it is necessary to think carefully and rationally, not to be sentimental and not to be sentimental. It can be too urgent. Considering the international trend, China's national conditions, social effects and radical measures, reducing the age of criminal responsibility is obviously not a best policy.
At present, most countries set the age of criminal responsibility at the age of fourteen. Although some countries have a low starting point, there are independent juvenile criminal and judicial systems in these countries. In the vast majority of the cases, the juvenile delinquency and non penal intervention are adopted in most cases, and only a few cases are punished in accordance with the criminal procedure of adults. It is the consensus of the rule of law in the international community and the trend of international criminal law that there are problems with juveniles and punishment is not simply imposed.
It is true that, compared with the same age of criminal responsibility of the penal code in 1979, the rate of development of minors of the same age has accelerated, but as a social person, the age of minors' mental maturity is not ahead of time. On the contrary, the emergence of a low age of crime reveals that the ability to recognize and identify the mentally unsound minors is still lacking in the complex social environment.
It is important to note that the age system of the age system of civil capacity and the age system of criminal responsibility are very different, and the age change of the capacity of civil behavior does not necessarily lead to the age change of criminal responsibility. The basic point of determining the age of civil capacity is to respect the autonomy consciousness of minors to a certain degree and protect their legitimate rights and interests. The age of criminal responsibility is the age that the actor must bear to bear criminal responsibility. The legal connotation and requirements of the two are different and can not be confused with each other.
In essence, the low age of crime is a social problem, which is caused by a variety of factors such as family guardianship, school education, social governance and so on. If the criminal responsibility age is reduced at will, it is equivalent to the responsibility of the family and society to the minors themselves, and the problem of the low age of crime can not be solved from the root of the crime. It is not only easy to cause cross infection, but also make the minors with strong plasticity be labeled with crime, but it may induce more serious criminal behavior.
In China, we should pay attention to the criminal policy of "giving priority to education and supplemented punishment" for juvenile delinquency. In accordance with the provisions of the criminal law of China, his parents or guardians shall be ordered to be disciplined for not being punished for their discontent at the age of sixteen, and the government can also be retaught by the government when necessary. In fact, professional and proper education and intervention can effectively correct the behavior or psychological deviation of the majority of the problem minors. "Building more schools is equivalent to the construction of ten prisons."
Therefore, for the minors who are misguided or even permissive of social behavior, they should not be indulged and indulged in indulgence, but not simply fall into the crime and punishment, but a relatively complete system of education and correction should be established.
It is the best protection for the society to insist on the maximization of children's interests and to rejuvenate the minors who harm social behavior. To sum up, the urgent task is to improve the relevant legal system as soon as possible, strengthen the family guardianship and school education responsibility, improve the prevention and disposal mechanism of the campus violence, purify the environment of the social growth, play the role of the community correction, increase the government's help to the minors and their families in the difficult situation, and promote the national juvenile judicature. The perfection of system and so on can only fundamentally solve the problem of low age crime and provide a bright future for children's youth.
Editor in responsibility: Wu Jinming
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