Source: Procuratorate Daily
Su Yongsheng
□ procuratorial organs should grasp the law of the occurrence and development of juvenile crime sliding from "minor mistakes" to "criminal mistakes", promote the implementation of hierarchical prevention, early intervention, and scientific corrections, gradually expand guardianship interventions, orderly expand social interventions, appropriately strengthen specialized education, and minimize judicial intervention.
□ procuratorates should implement oversight duties, urging relevant departments to effectively remove 'labels', and lawfully ensure the smooth return to school, advancement, and employment of minors involved in crimes.
□ procuratorial organs can rely on big data to solve problems such as poor information, insufficient functional coupling, and rebound from governance, promote the optimization of juvenile procuratorial prevention and governance, actively develop big data legal supervision models, and build a data model of "application model + business system + app".
The revised Law on the Prevention of Juvenile Delinquency has given more and heavier responsibilities to the procuratorial organs and strengthened their supervisory responsibilities. In order to implement the Law on the Prevention of Juvenile Delinquency, and to comply with the people's new demands and expectations for judicial work, procuratorial organs should persist in focusing on politics and the rule of law, performing oversight duties in accordance with law, handling every case involving juveniles with high quality and efficiency, and contributing "procuratorial wisdom" to the prevention of juvenile crime.
1. Perform duties in accordance with the law, and build an interventional prevention system
Through handling cases in strict accordance with law, procuratorial organs are to establish an intervening prevention system that links criminal punishments, protective sanctions, education and corrections, and has an orderly hierarchy of labor and labor.
The first is to punish in accordance with the law. Procuratorial organs should persist in the criminal policy of blending leniency with severity, implement the principle of "education, reform, and rescue" and the principle of "education first, punishment secondary", and educate and rescue juveniles involved in crimes to the greatest extent possible Persist in taking policies according to the case and the person, grasping the characteristics of the vast majority of juvenile crimes in which the circumstances are relatively minor, the harm to society is small, and the subjective malice is relatively light, and leniency is given in accordance with law, and a very small number of crimes that are heinous in nature, cruel in their methods, and have serious consequences, are to be strict in accordance with law.
The second is to strengthen supervision. Procuratorial organs should strengthen the implementation of the procuratorial oversight duties entrusted by the Law on the Protection of Minors and the Law on the Prevention of Juvenile Delinquency, supervise in accordance with law, take the initiative to supervise, and carry out more supervision of deep-level illegal conduct, case-by-case supervision, Supervision of similar cases, strengthening the rigidity of prevention through the rigidity of supervision; strengthening supervision of litigation activities involving juvenile crimes, improving mechanisms for investigation supervision and coordination, further strengthening the intensity and accuracy of criminal trial supervision, strengthening supervision of community corrections for juveniles involved in crimes, and promoting crime prevention through fair justice;
The third is multi-faceted intervention. Procuratorates should grasp the law of the occurrence and development of juvenile crime sliding from "minor mistakes" to "criminal mistakes", promote the implementation of graded prevention, early intervention, and scientific corrections, gradually expand guardianship interventions, orderly expand social interventions, appropriately strengthen specialized education, and minimize judicial intervention; Social care, specialized education, and so forth, establish a system of intervention measures with different degrees of severity and emphasis; explore methods for procuratorial oversight to advance guardianship interventions, strengthen the family's responsibility for prevention of intrinsic nature, and urge public security organs to effectively intervene in serious negative conduct; Complete systems such as standards, methods, assessments, and oversight for assistance and education for minors involved in crimes, advance the standardization of assistance and education, and for those who make decisions not to arrest, not prosecute, or conditionally not prosecute, consult with judicial social work organizations, implement individualized and precise assistance and education, and strengthen cooperation with trials, Promote the resolution of the problem of "being difficult to send when it should be" caused by insufficient and uneven distribution of specialized education resources, actively perform the dual duties of members of the specialized education steering committee and legal supervision, and establish a linkage mechanism between judicial case handling and specialized correctional education.
2. Comprehensively perform duties and build a protective prevention system
The causes of juvenile delinquency are multifaceted, ranging from subjective factors such as immaturity of mind to objective factors such as inadequate protection of rights and interests. Procuratorial organs should strengthen the systematization of prevention, complete the work model of comprehensive performance of duties and comprehensive protection, give play to the aggregate effect of the "four major procuratorates", and enhance the quality and effectiveness of prevention.
The first is to integrate procuratorial functions and strengthen protection. It is necessary to intensively perform procuratorial functions, bringing about correctional transformation and protection of rights in multiple dimensions, and eliminating the inducements for juveniles to slip into crime due to damage to their rights and interests; persist in the basic positioning of criminal prosecution, bringing about individual corrections and overall prevention through lawful punishment of juvenile crimes, and achieving interdiction-type prevention through lawful punishment of acts that use juveniles to commit crimes; The relevance of administrative rights and interests and the harm to the public interest, through civil procuratorates, to resolve issues such as guardianship infringements and civil infringements by minors, and through administrative procuratorates, to supervise and correct administrative violations involving minors, and to promote the substantive resolution of administrative disputes.
The second is to supervise and promote prevention at the source. Cases with exemplary and leading significance should be handled in accordance with law in response to issues such as the lack of family education for left-behind children, dropping out of school, inducing negative online information, some game software promoting violence, prohibitions on entry in specific venues, and blind spots in the management of emerging fields. Through the handling of administrative public interest litigation cases, urge relevant departments to fully perform their duties, and establish a "separation belt" for the prevention of juvenile crime; strengthen the protection of the public interest of an unspecified number of minors through the handling of civil public interest litigation, and prevent juvenile crime caused by damage to their lawful rights and interests; attach importance to the formulation and issuance of procuratorial recommendations for similar cases, resolve the "broken windows" of frequent and recurring rights, promote industry and system governance, and improve systems and mechanisms.
The third is to promote the "resocialization" of juveniles involved in crimes. The smooth reintegration of juveniles involved in crime into society is an important guarantee for the prevention of recidivism. In accordance with Article 113, Paragraph 2 of the Law on the Protection of Minors and Articles 58 and 59 of the Law on the Prevention of Juvenile Delinquency, juveniles involved in crimes have the same rights to education and employment as other juveniles after they have been punished in accordance with law. In accordance with Article 100, Paragraph 2 of the Criminal Law and Article 286 of the Criminal Procedure Law, those who were under the age of 18 at the time of the crime and were sentenced to a sentence of up to five years imprisonment shall have their criminal records sealed, and shall be exempted from the obligation to report their criminal records when enlisting in the military or employment. Procuratorates should implement oversight duties, urging relevant departments to effectively remove "labels", and lawfully ensure the smooth return to school, advancement, and employment of minors involved in crimes.
3. Actively perform duties and promote the establishment of a prevention and governance system
Prevention and treatment has long-term and fundamental characteristics, and it is necessary not only to grasp the end and treat the disease, but also to grasp the front end and treat the disease before it occurs. In this regard, the procuratorial organs should use legal supervision to leverage the integration of the "six major protections".
The first is to promote the construction of a governance pattern. Under the pattern of adhering to the prevention and governance pattern of Party committee leadership, government leadership, departmental linkage, and social participation, procuratorial organs should actively submit reports on the prevention of juvenile crime to Party committees, sort out common problems, put forward decision-making recommendations, and establish coordination mechanisms with relevant departments; Family education guidance promotes family prevention, using vice-principals for rule of law to perform their duties to strengthen school prevention, linking social prevention with special governance and social support, promoting online prevention with punishing cybercrimes, promoting government prevention with lawful performance of duties, and promoting judicial prevention with coordination and cooperation, oversight and restraint, and forming a joint force for prevention of the "six major protections".
The second is to promote the construction of a social support system. Procuratorates, in conjunction with the Communist Youth League, Women's Federation, Guangong Work Committee, and other units, should implement the national standards for the "Norms for Juvenile Judicial Social Work Services", clarifying the scope of duties, work methods, evaluation standards, and professional safeguards for judicial social work organizations to prevent juvenile crime, and increasing the professional level of judicial social workers' participation in prevention; Don't push a hand, pull a hand, don't help for a while, help a lifetime", so that the traditional prevention experience is rejuvenated.
The third is to promote big data to empower "intelligent governance". Procuratorates may rely on big data to solve problems such as poor information, insufficient functional coupling, and rebound from governance, to promote the optimization of juvenile procuratorial prevention and governance; collisions, strengthen preventive measures, and promote the establishment of a new model of "intelligent governance" for the prevention of juvenile crime of "case handling, supervision of similar cases, and systematic governance".
(The author is deputy director of the Ninth Procuratorate Department of the Hubei Provincial People's Procuratorate)