Highlights of this article:
Children under the age of 14 have committed crimes, and the judiciary often can't do anything about them.
Article 113 of the Law on the Protection of Minors: Implement the policy of education, reform, and rescue for juveniles who violate the law and commit crimes, and adhere to the principle of education as the mainstay and punishment as a supplement. After juveniles who violate the law and commit crimes are punished in accordance with law, they must not discriminate in areas such as further education and employment.
Some judicial personnel have summed up an image word called "pig breeding dilemma", once there is a lack of effective judicial intervention in violation of the law, it is likely to mistakenly enter the situation of "raising big and then fighting, fattening and killing again".
Is a child inherently good? Can juvenile offenders be rehabilitated through education? If they had not been punished when they were young, would they have taken the law seriously in the future?
Borrow a drama today to sort it out. Before watching a play, let's take a look at a court decision.
On April 3, 2021, 14-year-old Zhao Bing died of drowning and suffocation, and he fell into the Nomin River in a state of "persecution". Several "bad children" chased and beat Zhao Bing by the river, which was just a joke at first, and then evolved into bullying. In order to avoid the pursuit, Zhao Bing got on the ice and fell into the glacier. Most of the eight who pursued Zhao Bing were Zhao Bing's classmates.
Zhao Bing is introverted and shy, but his parents feel that honest introversion is at least not easy to cause trouble, and he will not learn badly. But "honesty" is the most disgusting trait of Tao children, which means not "fit in".
A child said, "Everyone thinks that Zhao Bing is a good bully, and they also want to bully him for fun." ”
On that day, the family did not know that Zhao Bing had an accident, thinking that Zhao Bing was spending the night at a friend's house. The next day, the family began to look around in a hurry and call the police. 66 days later, Zhao Bing's body was found by the river.
On June 2, 2022, the Gannan County People's Court ruled that five of the eight defendants (over the age of 14) were sentenced to 3 to 4 years in prison for intentional homicide. The other three defendants were not subject to criminal punishment because they were under the age of 14 at the time of the crime.
"None of the family members came to the house to apologize. There are still three people out there, free and free like no one else. Zhao Bing's mother said.
There are two children who bully Zhao Bing, who graduated in the third year of junior high school this summer, they recorded the daily life of falling in love with their girlfriends on social platforms, and sent a group photo of the class to wish themselves a happy graduation.
Their lives go on as usual.
In order to pay hundreds of thousands of yuan for salvage fees, Zhao Bing's parents sold out the sheep and contracted their own land to others. They had no energy to manage the sheep and crops, and they had some foreign debts, and they only wanted to get an explanation for their son. Both men had physical problems: their heads were often buzzing and aching. Zhao Bing's mother, 37 years old, had too many tears in her eyes and looked like she was covered in mist.
Should juvenile delinquency be heavily punished? Who does the Minor Protection Act protect?
The high-scoring Korean drama "Juvenile Court" explores such a problem. The content of these episodes is based on real cases.
In South Korea, juvenile delinquency occurs frequently, and the most important reason is because the Juvenile Law stipulates that "the maximum sentence for juvenile delinquency is 20 years, and juvenile offenders under the age of 14 will even be released in court, and the most serious will be sentenced to two years in a juvenile hospital (meaning a two-year period of correctional detention), which is the top "tenth punishment".
That is to say, even if a person is killed, if he is not yet 14 years old at the time of the crime, the most serious thing is to go to the juvenile hospital for two years, and after two years, he can regain his freedom.
Also because of the age umbrella of the Juvenile Law, some juvenile offenders are even more unscrupulous, and even deliberately use age limits to commit crimes. As a result, the Juvenile Act was strongly resisted by the public.
The role of the Juvenile Act is to educate and give young people a chance. But will teenagers cherish this opportunity?
The two judges in the play hold completely opposite views, which stems from their respective experiences.
The protagonist, Shen Eun-seok, is a judge who has no soft heart for juvenile offenders, and she clearly states: "I hate juvenile delinquents".
Many years ago, two teenagers in their early 10s were on the top floor and deliberately threw two bricks down, and one of the bricks happened to hit Shen Enxi's son, causing her son's skull to crack and die on the spot.
The judge at the time, who only took 3 minutes to hear, saw the two children come out of the courtroom and make a fuss about eating spicy fried rice cakes.
Five years later, these two teenagers have intensified their collective sexual assault on innocent girls and formed a terrible industrial chain.
Therefore, Shen Enxi will always give the heaviest judgment when trying a case.
Another judge, Che Taizhu, was extremely tolerant of juvenile delinquency. He firmly believes that after indoctrination, juvenile offenders will be converted to evil.
He had been subjected to severe domestic violence for a long time. Once, he was once again beaten up by his father, and in the process of his resistance, an accident occurred. So he was put in a shelter for attempting to kill his father. And because of the care of the judge who tried him at that time, he, a marginal person, went to a new life and became a judge.
Two judges with diametrically opposed views gathered the contradictions of society against juvenile delinquency:
In the face of juvenile delinquency, is it a harsh sentence or a probationary education?
Let's start from scratch.
Let's take a look at how juvenile delinquents got to this point.
Let's take a look at what role criminal law should play.
How did these kids get to this point?
Ignored
A 16-year-old female high school student named Han Rui'en, whose parents have long worked abroad, ignored her.
One day, an eight-year-old boy was looking for his mother in the park, and when he saw Han Ruien sitting on a bench, he went straight up to him and asked:
"Sister, can I borrow a mobile phone from you?" I'm going to call Mom."
Han Ruien, who suffers from persistent persecutory paranoia, is stimulated to hear the word "mom." She took the boy to her friend Bai Chengyou's house and strangled the boy with a data cable. Afterwards, the body was also chopped up.
Han Ruien instigated Bai Chengyou to defend himself, because Bai Chengyou was under 14 years old and could escape legal punishment.
After the matter was revealed, Han Ruien was sentenced to twenty years in prison, and Bai Chengyou ruled on "Punishment No. 10" and went to the juvenile hospital for two years.
At the end of the final trial, Han Ruien's parents still did not appear.
There is also a scene in "Juvenile Court":
In a recovery center dedicated to hosting bad girls, Xiaoying took advantage of the center's report and encouraged other girls to escape together.
When she escaped, Xiaoying found her mother's home. Her fingers trembled and she pressed the doorbell. A woman in a long skirt opened the door. Xiaoying and the woman looked at each other for a while, and it took a long time before they spit out the word "mother". There were men in the house shouting "Who's coming". The woman replied as if she had been electrocuted: "The unknown child rang the wrong doorbell." "Then, just close the door."
Xiaoying also thought that her mother was sick and had not seen her for a long time. It turned out that Mom had met a new man who didn't care about her.
Xiaoying was sad and angry, and she kept slamming the door. But the man in her mother's house thought she was a bad girl and deliberately came to provoke trouble. So the man beat her to the point of injury. The mother stood by and was indifferent.
It is precisely because of her mother's absence again and again that Xiaoying has become a bad girl.
How did these kids get to this point?
domestic violence
Late one night, Xu Youli, an old acquaintance of the juvenile court, suddenly came to the judge's office with a wound to ask for help, and fainted without saying two words. She was taken to the hospital for emergency treatment, and the hospital diagnosis showed that Youli had been subjected to violent abuse for a long time.
Who caused the scars on Youli's body? After investigation by the judge, the perpetrator was Li Li's father. There are Li parents divorced, the father does not work, every day only know how to drink, when there is no money to ask for Youli, when There is no money, you will be beaten by him.
Although the traditional grandmother said that she was distressed about her granddaughter, she would still beg Youli to be patient and not tell the police.
Youli also does not trust the police, because the police will not protect her when she is 24 years old.
If she called the police, she was afraid that her father would find an opportunity to take revenge.
And domestic violence is hard to define, and if her parents say they are not in domestic violence, but only in disciplining their children, from the moment they deny it, the police can no longer intervene.
Youli chose to escape, but in the process of escaping, he was cheated by his friends, the money was robbed, and he was beaten up.
In the end, under the efforts of many parties, the girl who had been abused for a long time finally wavered and decided to accuse her father. The judge also convinced Grandma. Grandma gave the audio that Youli had secretly recorded to the courtroom.
In the end, Youli's father was put in jail. Judge Shen fulfilled her promise that "the victim will not be locked up, and the perpetrator will be locked up." ”
As for why Youli's father was violent. The reason is also lamentable, Youli's father also grew up under his father's domestic violence.
How did these kids get to this point?
Social pressure: achievement is paramount
The lack of family education has distorted the psychology of minors. But when it comes to the factors that lead to juvenile delinquency, the social climate also has an unshirkable responsibility.
The pressure of competition in the Korean college entrance examination is extremely high. Whether it is a lifelong selection system or a comprehensive ability assessment system, it is a huge burden for students.
I wrote two articles a few years ago about the learning pressures of Korean students.
One is about the impact of the college entrance examination on society as a whole, and the other is about the impact of study pressure on a family. Links to these two articles are attached to the article.
A famous high school was leaked out of the test questions. The leaky organization "Descartes" was actually created by the school. The school is for the promotion rate, because the promotion rate is the standard for parents to choose the school.
This high school was once the first choice of students, but now it is facing enrollment difficulties, so the school has taken corresponding measures, which has "Descartes".
The children selected by Descartes are not bad at learning, but to save time preparing for other projects, such as volunteering, as well as participating in competitions, reading books, counseling for further education, and so on. These projects are not affordable for ordinary families.
Grades are made of money. Those who can enter "Descartes" are the children of the top of society.
The eldest son of the minister of judges was repeatedly suppressed and scolded by the minister because his grades were inferior to that of the second son.
In family life, the minister has little communication other than harsh criticism of his son's achievements.
The mother, because of her heartache for her eldest son, asked him to join the leaky group, but soon quit.
After the incident was exposed, the son thought that he was involved with his father, and Zhang was at a loss, and finally chose to rush the red light at the entrance of the traffic police team, and was hit and sent to the hospital with scales.
At this time, the judge minister knew how much pressure he had given to his son in his daily life, who had let countless runaway teenagers get lost.
Juvenile offenders are not all born demons
Research in criminal psychology shows that so-called "born offenders" make up only a tiny fraction of the population.
"Born to be a criminal" means to have some innate characteristics or factors that are different from normal people in terms of physiology, psychology or physique, and it is natural and inevitable to determine the crime of such a person.
The vast majority of crimes are a combination of social and personal factors.
The original family, growth environment, cultural atmosphere, etc., too many factors are affecting the direction of teenagers.
Punishment or light penalty?
Too much emphasis on the protection of minors overstepping discipline is disapproved. Many people think that these juveniles who have committed vicious crimes have no possibility of reform.
Moreover, the light punishment inflicted on them does not appease the victims and their families.
"I'm the one who was beaten, why do I have to run away every time?" Xu Youli, a girl who suffered from domestic violence, said so.
"I'm a victim, so why do I have to be pointed out?" The girl who was sexually assaulted said so.
The light punishment of juvenile offenders will also cause negative public opinion in society that "criminal law is not a law to protect the weak, but a law to protect bad children".
For some juvenile offenders, malice even peaks when they know they are below the legal age of responsibility and are not legally responsible.
"Many juvenile delinquents know that they have to do a big job before the age of fourteen." Kang Liying, a professor at the College of Education of Capital Normal University, said so.
In reality, in 2010, 13-year-old Wei strangled a boy in his hometown in Guangxi and was acquitted because he was under 14 years old.
In 2011, at the age of 14, he injured the little girl with a knife and was sentenced to 6 years in prison.
In 2016, at the age of 19, he raped and killed an 11-year-old girl, Chen Mou, in Panyu, Guangzhou...
Empirical studies have shown that nearly 10% of juvenile offenders start committing their first offences at the age of 7-13, and 56% have more than two criminal experiences.
But if the law blindly chooses to impose heavy sentences, the misguided teenagers will forever lose the opportunity to change from evil to righteousness.
The overall number of juvenile delinquency is on the rise, and juvenile delinquency is growing rapidly. In response to this phenomenon, the mainland is also constantly improving the law, lowering the age of criminal responsibility from the previous 14 years old to 12 years old.
Juveniles under the age of 14 are not prosecuted for criminal responsibility and sentences are not imposed. However, those who have reached the age of 12 and have committed the crime of intentional homicide or intentional injury, causing death to a person or causing serious injury by particularly cruel means, causing serious disability, and the circumstances are heinous, and the prosecution is approved by the Supreme People's Procuratorate, shall bear criminal responsibility and be sentenced in accordance with law.
The one-size-fits-all approach of lowering the age can solve some social problems and meet the expectations of some people, but it is far from enough.
We need both justice and the prevention of juvenile delinquency. How can families, societies and education protect young children?
Social: A single education system
Behind every hateful juvenile offender, there is an unfortunate family environment. But it's not fair to classify all of them as parents.
"Test-taking education kidnaps children and their parents together." Pi Yijun, a professor at the China University of Political Science and Law and director of the Research Center for Juvenile Delinquency and Juvenile Justice, said in 2008 that the current society's evaluation of teenagers is more and more inclined toward academic competition, and honor education, hero education, elite education, and elimination education are flooded inside and outside the campus, but the minimum bottom line education and the most basic moral education for being a person are quite lacking.
Now 14 years later, although the double reduction, but the core of test-taking education has not changed. Under the influence of such an environment, parents will still pay more attention to their children's achievements and do not care about their children's moral education.
Going back to the beginning of the incident, when the Triad Weekly reported, it used a word called "doing nothing", which was very accurate.
I went to school in the countryside. In the countryside, if you don't do well, the teacher will quickly give you up. Regardless of class, truancy is not also in charge. This is true in junior high school, and it is even more true in high school.
What can a "idle" teenager do? It is not interesting at school, and when I return home, I will be nagged by my parents to rush back to school. Some of our classmates stayed in the video hall all day or went to play billiards.
Idle, marginalized teenagers get together and it's easy to get into trouble. Adults can imagine it too. Therefore, when the child cannot go to college, the parents will still find a way to get their child into a school.
I don't want my child to learn anything in school, nor do I want to get a degree, I just don't want my child to enter society early and be affected by some bad influence at an age when I am easily influenced by others. Bad groups at that age exist, most likely near high school.
We used to have very little information, but now children are exposed to too much information, and bad information is hidden. They need the guidance of their parents even more to let them grow in the direction of "goodness". #中国式家庭教育 #
Bibliography:
- "Juvenile Court" (Complete Collection) "Crimes and Punishments" for Juvenile Delinquency
https://www.bilibili.com/video/BV1D34y1r7Bb?spm_id_from=333.337.search-card.all.click
- After watching the Korean drama "Juvenile Court" in one breath in 57 minutes, who is the stumbling block on your growth path? Shoot out the most authentic human nature! https://www.bilibili.com/video/BV1MP4y1g7Y3?spm_id_from=333.337.search-card.all.click&vd_source=4126cec9168b587367fef385f90ac91d
- Teenagers fall into the glacier: behind the growth of "doing nothing", the fatal danger of a bullying https://news.sina.com.cn/s/2022-08-31/doc-imiziraw0477257.shtml
- Luo Xiang | Criminal Responsibility for Vicious Crimes committed by Minors: Reflections on the Eleventh Amendment to the Criminal Law https://baijiahao.baidu.com/s?id=1695649857864393225&wfr=spider&for=pc
- A lifetime of cases? Should juvenile delinquency cases be sealed or eliminated? https://www.bilibili.com/video/av938254656/?vd_source=4126cec9168b587367fef385f90ac91d
- Pure nature for children? Teacher Luo: I yawn! https://www.bilibili.com/video/BV1Lq4y1279z/?spm_id_from=333.788.recommend_more_video.0&vd_source=4126cec9168b587367fef385f90ac91d
- Ma Rongchun Gao Kunlong ‖ The origin, development and practice of malicious age supplementation https://www.163.com/dy/article/HEFQMEG20524TEUR.html
- Dealing with mother-killing teenagers, how to avoid the "pig dilemma" https://baijiahao.baidu.com/s?id=1619782709225918392&wfr=spider&for=pc
- Minors repeatedly commit crimes, can the reduction of the age of criminal responsibility frame the "little devil"? https://new.qq.com/rain/a/20210320a0ajfq00
- In the past five years, the number of juvenile delinquency in China has rebounded, showing a trend of younger age https://baijiahao.baidu.com/s?id=1734442201944608823&wfr=spider&for=pc
- 60% of the roots of juvenile delinquency in the family Juvenile delinquency increased by 17% annually http://gd.sohu.com/20081230/n261496295.shtml
- Shepherd teenager drowning: 8 students involved in the crime, someone in love graduation is not criminally responsible https://www.sohu.com/a/573229815_120146415?editor=%E5%88%98%E7%9B%9B%E9%92%B1%20UN649
Don't neglect your child and don't disconnect "connect" with your child
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Author: Han Le
Creator of children's stories
Life education practitioner
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