Hello friends, today we are going to talk about the topic of criminal responsibility for juvenile crimes.
The case of three junior high school demons in Handan, which everyone has been concerned about for a long time, and a case in which a 13-year-old boy sexually assaulted an eight-year-old girl, was not filed, and even returned to school. I'm not ready to do a show, everyone's attention is already very high, and I don't want to rub this traffic.
But yesterday I saw a video of a store owner in Guangxi Province posting that a child was stealing in her store at that time, so the store manager contacted the child's mother and asked the mother to take responsibility for the child's theft and pay a fine of 10 for stealing.
Is it appropriate for the shopkeeper to ask for a fine of ten for stealing, we will let it go first, the key is the child's mother's answer, which makes people feel a chill rise all over their bodies. If this kind of consciousness spreads, it will be the greatest disaster for the whole society. So I feel compelled to call it out.
The child's mother was very strong. He didn't think that the child was at fault in the slightest, and in turn loudly accused the store manager of the wrong way of handling it, after all, he was just a child.
The most frightening thing is this sentence: children are not sentenced to death if they kill people. Still stealing?
It was terrible, and our worst fears came true.
To be honest, the Handan juvenile homicide case and the 13-year-old boy's sexual assault case can still be regarded as an occasional case in a country as big as ours, and it is not universal. The forest is big, there are all kinds of birds, and it is impossible for a country with a population of 1.4 billion to prevent similar incidents.
As long as the public's concerns are dealt with and responded to in a timely manner, whether or not they can be accepted by everyone in the end, they are only emotional, and the harm caused to social stability and people's lives is still controllable.
Of course, I am not defending the violators, and I also believe that there are loopholes in the current law, and the law needs to be amended immediately, and everyone should be punished by the law. Let's put this aside for a moment.
The most terrifying thing is the consciousness that age is the gold medal for avoiding death, and you can do anything wrong. Once this kind of consciousness becomes the consensus of the whole people, then our society will be completely chaotic, and everyone will have no sense of security.
A minor, he can do whatever he wants to you, and he is not responsible for violating your life safety, although you can easily overturn him, but how can there be a thousand days to prevent thieves?
Guangxi's reply to the child's mother should be strongly condemned, and we can feel from the video that this sentence came out of her mouth, and this subconscious has been planted in her brain. This kind of person is very dangerous.
Normal people know that there is a law on the law, but very few people will say it without hesitation, so why don't we say it? It is because we still have awe and conscience in our hearts, and we also know the truth of killing people to pay for their lives and paying debts. There is also a moral in our hearts that makes us willing to be individuals and not beasts.
What kind of person is the person who opens his mouth and says that a child is not sentenced to death for murder? There is no doubt that the moral dam in the hearts of such people has collapsed, and for them the concept of fairness and morality is a joke.
I don't want to blame the child's mother more deeply, but I'm disgusted with such people.
The emergence of such people is closely related to public opinion and the construction of the rule of law. But unfortunately, judging from the influence of recent juvenile cases, it has promoted the evil in the hearts of some people, and the dark side of the subconscious has been unconsciously revealed.
So first of all, I have to be ashamed, I have to examine myself. At the beginning, I felt that I was a self-media blogger in the field of politics and economics, and I was not professional in law, and I didn't want to gain popularity. But after reading the mother's words of this child, I think that no matter what field the blogger is, the first thing is the individual. To be a human being is to have the responsibility and conscience of being a human being. I have an obligation to stand up and speak out for remarks that challenge the balance between good and evil in human beings, and I hope that everyone will continue to pay attention to and speak out, adding more weight to the good side.
I also think that everyone needs more understanding of the current legal loopholes. We all say that we want to rule the country according to the law, which in itself is a compromise.
Any law has a lag, it is a kind of behavior that comes out, and the law finds loopholes, and then it will be revised and improved, so theoretically any law has loopholes.
But what does it mean to rule the country according to law? Even if the law is not perfect, it must be enforced accordingly. After the law is perfected, it only plays a role in future acts, and in principle, previous acts cannot be pursued. This is one of the basic principles of legislation: the law does not apply retroactively.
Therefore, if the three little devils in Handan do not receive the punishment they deserve in the end, this is also a rational helplessness, and we still have to accept it in the end.
We can use the analogy that under the current law, these three little devils will not be sentenced to death. If the death penalty is imposed on the basis of public sentiment and public opinion, of course, it can be comforting and everyone is happy. But as soon as this case is opened, there are endless troubles.
Today it is possible to target the three lesser devils and introduce new laws separately that go beyond the scope of existing laws. Then tomorrow, if you want to get rid of a person, you can make a law against this person, go back to the past, and then justifiably kill him. We dare not imagine what a terrible social environment it would be.
Our concern about such juvenile crimes is conducive to the supervision of public opinion and the prompting of legal workers to promptly check and fill in the gaps, and also to seek the most just legal verdict within the existing legal framework.
According to the existing legal framework, the three juvenile premeditated murder cases in Handan can be prosecuted for criminal responsibility by the Supreme People's Procuratorate. According to the Criminal Code, the maximum sentence is life imprisonment, with no commutation of the sentence attached. Theoretically, these three little devils can be imprisoned for life, which is already the most desirable result.
But it may still not be realized, and there is a high probability that these three little devils will return to society.
Intellectually, we know the helplessness and compromise of the existing law, but emotionally, we hope that the murderer will be sentenced or even executed, which is a kind of moral brilliance, because we still have the goodness of human nature in our hearts. This is not contradictory.
If one day, most people take it for granted that there is no death penalty for the murder of minors, then the society is over.
People have good and evil in their hearts, and the reason why we don't do evil is because society has a legal system and we have a conscience in our hearts.
Improving the law is the responsibility of the state apparatus and every legal worker.
It is the responsibility of each and every one of us to uphold our conscience.
I hope that the child's mother can realize that your words are not illegal or criminal, but it is more terrible than breaking the law and committing crimes.