How to deal with juvenile delinquency when the Juvenile Delinquency Law is amended?

Juveniles belong to a vulnerable group in society to a certain extent and need to receive help from society, and juvenile offenders should be punished primarily with education as the main punishment, and punishment should be mitigated or commuted.

The first should be the issue of age, now many junior high school students and juveniles under the age of 16 commit crimes, and the punishment is very low, and even those who kill someone are sentenced to several years in prison with a suspended sentence.

The second is the nature of the problem, for some moral problems, I personally think that they should be punished heavily, such as ** and beating their parents.

The third is the issue of education, and some juvenile detention centers are not able to educate minors with problems.

Bring them back to the juvenile education institutions and educate them for a few years, and they break the law because no one has disciplined them well, so they have to let the state discipline them well.

Although the topic of juvenile delinquency has always been controversial, I believe that whether a minor or not, as long as he violates the law, he will be punished by an adult in the same circumstances.

Where a person who has reached the age of 12 but is not yet 14 years old commits the crime of intentional homicide or intentional injury, causing death or causing serious injury by especially cruel means, causing serious disability, and the circumstances are heinous, and the Supreme People's Procuratorate approves the prosecution, he shall bear criminal responsibility.

Where minors under the age of 18 are pursued for criminal responsibility, the punishment is to be mitigated or commuted.

1. The principle that the death penalty is not applied in accordance with the law.

In China, article 14 of the 1979 Criminal Law stipulates that the death penalty shall not be applied to persons who were under the age of 18 at the time of the crime. However, if the offender is between the ages of 16 and 18, the death penalty may be suspended for two years if the offence committed is particularly serious.

II. The Principle of Lenient Punishment.

The principle of leniency in the application of criminal penalties to juveniles is also a common principle. Of course, there are slight differences in the specific application.

The first is to apply lenient punishment to specific juvenile offenders who meet certain conditions. Articles 90 and 95 of the Swiss Penal Code, for example, stipulate that the competent authority shall determine the facts of the offence and, if necessary for the sentencing of the juvenile, may investigate the juvenile's behaviour, education and life relations, report and evaluate his or her physical and mental condition, and may order the juvenile to be observed for a specified period of time. If the juvenile does not require either disciplinary disciplinary punishment or special punishment, the judicial organ may give him instructions or order him to perform labor, or impose a fine, or confine him or confine him for not less than one day but not more than one year.

Fines and imprisonment may be imposed at the same time.

The second is to treat the fact of the age of the juvenile itself as a circumstance for mitigating criminal responsibility, while at the same time providing a range of penalties for juvenile crimes that are much lighter than those for adult crimes. For example, German criminal law provides for a general principle of punishment for juvenile offenders, but article 18 of the Juvenile Court Act stipulates that if a juvenile is sentenced to a term of not less than six months but not more than five years, the maximum juvenile penalty is 10 years if he commits a felony and is sentenced to a liberal sentence of more than 10 years under ordinary criminal law. The sentencing range provided for in the ordinary criminal law does not apply.

The third is that the fact of the age of the minor itself is regarded as a statutory lenient circumstance, but it is only a general provision and does not clarify the specific range of leniency. For example, article 98, paragraph 1, of the Italian Penal Code provides that if the person was 14 years old at the time of the commission of the act but has not yet reached the age of 18, the sentence shall be reduced. Article 61 of the Criminal Code of the Russian Federation also considers the offender to be a minor as one of the mitigating circumstances.

The fourth is to require that the punishment of the offender be strictly limited as much as possible, and that transfer measures may be applied under specific circumstances.