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In recent years, the phenomenon of juvenile delinquency has attracted the attention of all sectors of society. In the newly adopted revised draft of the Law on the Prevention of Juvenile Delinquency, it is proposed to implement graded prevention, refine educational and corrective measures, and clearly divide juveniles' abnormal behavior into three levels, from mild to severe, such as negative behavior, serious negative behavior, and criminal behavior, and separately provide for corresponding intervention and correction measures. Strengthen the prevention, education, and correction of juvenile delinquency to prevent the emergence of serious violent acts.
In the face of these vicious crimes at a young age, many netizens have called for lowering the age of criminal responsibility. The prevention and control of juvenile delinquency is a complex and systematic project, and it is also an indispensable long-term task for parents, schools, and society. Expanding the scope of criminal offenses by simply lowering the age of criminal responsibility is tantamount to putting the role of education and guidance in society to juveniles alone; Empirical studies on crime have also confirmed that this approach is unlikely to achieve the desired results.
In China, there are a large number of left-behind and floating minors, and the problem of lack or improper family guardianship is relatively prominent, which is also an important factor in triggering juvenile delinquency. Therefore, it is particularly necessary to solve the educational correction of these minors through specialized education in specialized schools, and to carry out effective education and probation for them in a timely manner. The only way to maximize the intervention of specialized education in juvenile delinquency is to amend the law to clarify fair, reasonable, and operable admission procedures.
First of all, specialized education is compulsory to a certain extent, involving restrictions on personal freedom, and sending to specialized schools should be decided by the organs with corresponding law enforcement or judicial powers, and it is not appropriate to be examined and approved by the administrative departments for education, which is the basic principle of the rule of law. <>
Is Specialized Education Useful? Of course it works. In terms of preventing juvenile recidivism, the revised draft comprehensively considers the relationship with the relevant provisions of the Prison Law and the Criminal Procedure Law, enriches measures such as education in litigation, correction after procedural diversion, placement and assistance after the completion of community corrections and release from prison, and further clarifies the respective prevention responsibilities of juveniles and their families, schools, judicial organs, communities, etc.
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Of course it works. Specialized education can choose suitable teaching materials according to their characteristics. Some courses that are not available in ordinary schools will be added to help them correct their behavior.
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I do not believe that the program of educating minors in our country is not a disguised protection of criminals. The root cause of juvenile delinquency is that he has psychological problems, is in a bad environment or state in which he was growing up, and therefore resentment or other bad thoughts have accumulated in his heart, and his parents and teachers have not given him care or justice. Counseling is very likely to lead to psychological distortions in children.
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The educational objectives of the prevention of juvenile delinquency are as follows:
1. Strengthen minors' concept of the rule of law;
2. Make minors understand the harm caused by criminal acts to individuals, families, and society, and the legal responsibility that should be borne for illegal and criminal acts;
3. Establish a sense of abiding by the law and preventing violations and crimes.
4. In order to protect the physical and mental health of minors, cultivate minors' good conduct, and effectively prevent juvenile crime.
Legal basis: In accordance with Article 6 of Chapter 2 of the Law of the People's Republic of China on the Prevention of Juvenile Delinquency.
The purpose of education on the prevention of juvenile delinquency is to enhance juveniles' awareness of the legal system, to enable juveniles to understand the harm caused by illegal and criminal acts to individuals, families, and society, and the legal responsibilities that should be borne by illegal and criminal acts, and to establish an awareness of abiding by discipline and law and preventing violations and crimes.
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1. Implement the policy of education, reform, and rescue for juveniles who have violated the law and committed crimes, and adhere to the principle of giving priority to education and supplementing punishment.
2. Where a juvenile who has already reached the age of 14 commits a crime and is not subject to criminal punishment because he is under the age of 16, order his parents or other guardians to discipline him; When necessary, it can also be institutionalized by **.
3. Public security organs, people's procuratorates, and people's courts handling cases of juvenile crimes shall take into account the physical and psychological characteristics of minors, and may establish special bodies or designate special personnel to handle them as needed.
4. Public security organs, people's procuratorates, and people's courts shall take separate custody of minors in pretrial detention from adults in custody.
5. Cases of crimes committed by juveniles between the ages of 14 and 16 are not to be tried in public. Cases of crimes committed by juveniles between the ages of 16 and 18 are generally not tried in public.
6. Families, schools, and other relevant units shall cooperate with juvenile correctional facilities and other units where juvenile offenders are located, to jointly do a good job of efforts to educate and rescue juveniles who have violated the law or committed crimes.
7. Minors who are exempted from prosecution by the people's procuratorates, exempted from criminal punishment or announced suspended sentences by the people's courts, or who have been released from custody and reeducation or who have served their sentences, are not discriminated against when they return to school, advance to higher education, or find employment.
8. The people's courts hearing inheritance cases shall protect the inheritance rights of minors in accordance with law.
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Legal Analysis: The purpose of education on the prevention of juvenile delinquency is to enhance juveniles' concept of the rule of law, to enable juveniles to establish an awareness of abiding by the law and preventing violations and crimes, and to improve their ability to self-control.
Legal basis: Article 15 of the "Law of the People's Republic of China on the Prevention of Juvenile Delinquency" The state, society, schools, and families shall strengthen education on the Core Socialist Values for minors, carry out education on crime prevention, strengthen minors' concept of the rule of law, and enable minors to establish an awareness of abiding by discipline and law and preventing violations and crimes, and increase their ability to self-control.
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How can society help juvenile offenders?
1.Helping and educating delinquent minors is the common responsibility of the whole society. As far as legal aid is concerned, when handling juvenile criminal legal aid cases, in addition to requiring the personnel undertaking the case to be familiar with the relevant laws and do a good job in handling the case, it is also necessary to have a high sense of social responsibility.
and care for minors. While defending juveniles in accordance with the law, it is necessary to find out the correct points of probation on the basis of the subjective and objective reasons for their crimes, and to do a good job of education in the legal system.
While further strengthening cooperation between legal aid institutions and the public security, procuratorial organs, and courts, it is also necessary to strengthen social ties and mobilize all sectors of society to join in the ranks of educating and rescuing minor aid recipients.
2.Educational measures should be aimed at both "people" and "the environment". Juvenile delinquency is largely a product of the environment.
Based on the core concept of social work of "people in context", education and correction measures also need to simultaneously carry out work on environmental factors such as family, school, and peers in the minors' lives, and support minors to complete the socialization process through environmental improvement. For example, on the concept of education.
Parents or other guardians who deviate from the method should carry out voluntary or even compulsory parenting education, support minors to get rid of their previous bad peer groups, and even take them away from bad family environments. Juveniles who have lost their footing should be actively encouraged, so that they can correct their mistakes, get out of the psychological shadow of crime, and take a good path in life. In the long run, juvenile criminal legal aid should be carried out as a comprehensive social management work.
3.Juvenile delinquency is a complex social problem.
How to manage it scientifically and effectively is also a recognized worldwide problem. A large number of studies have shown that simply imposing retributive punishment on juvenile delinquents, or even applying adult incarceration measures entirely, will only further block their normal socialization process, push them to the opposite side of society, and cause greater harm to society in the future. Minors are not physically and mentally healthy and are at a critical stage of transition to adulthood.
They are often more likely to reintegrate into society than adults. Therefore, it is necessary to develop a policy for dealing with juveniles who have committed crimes, with the main purpose of education and correction.
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First of all, it is necessary to take minors away from the unfavorable social environment, and also give full play to the special role of family prevention, and to protect minors in accordance with national laws and regulations. Hu Fang.
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In society, minors will be guided to form correct values, world outlook, and outlook on life, adhere to education-oriented, promote the all-round development of minors, effectively prevent juvenile delinquency, and give full play to the role of school education.
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Management should be strengthened, and minor children should be correctly guided, so that they can have a certain understanding of the law and establish a correct three views.
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Legal Analysis: The educational objectives of the Juvenile Delinquency Prevention Law are: 1. To enhance the concept of the rule of law among minors; 2. Make minors understand the harm caused by criminal acts to individuals, families, and society, and the legal responsibilities that should be borne for illegal and criminal acts; 3. Establish a sense of abiding by the law and preventing violations and crimes. 4. In order to ensure the physical and mental health of minors, cultivate the good conduct of minors, and effectively prevent juvenile crime.
Legal basis: Law of the People's Republic of China on the Prevention of Juvenile Delinquency
Article 2: The prevention of juvenile crime is based on the combination of education and protection of minors, persisting in putting prevention first and intervening in advance, and promptly carrying out hierarchical prevention, intervention, and correction of minors' negative conduct and serious negative conduct.
Article 3: Efforts to prevent juvenile crime shall respect the personal dignity of minors, and protect minors' lawful rights and interests such as their right to reputation, privacy, and personal information.
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