Liu, 17 years old, was sentenced to fixed-term imprisonment for committing theft, robbery and injury. When Liu Xiao was a child, his father loved him very much. As Liu grew up, his father did not love him more and more, and even hated him. As long as Liu is a little disobedient, his father will beat him and scold him. After junior high school, my father beat him more and more fiercely, often beating him black and blue. Every time I think about being beaten, I'm afraid to go home. When I'm hungry, I can only wander the streets and steal things from the grocery store. In this way, I gradually got to know some unhealthy young people in society, followed them to pickpocket on buses, pry doors and twist locks in residential areas, and block roads and rob at school gates. Even been arrested by the police for education many times. Every time his father brought him home from the police station, he punched and kicked him. The more his father resisted, the more Liu dared not go home, and the more crimes he committed. For the last time, my dad handcuffed him when he came back from work. Once, his father hit him hard with a thin iron bar, and no matter how much he begged for mercy, his father refused to let go. He suddenly found a small square stool beside him, so he lifted it and hit his father on the forehead. In addition, he used too much force, which caused his father to faint. After examination, it is a serious brain injury, and there are still serious sequelae. After the incident, Liu said: If my father had educated me well, he would not always beat me and scold me, let alone kill me, and perhaps there would not be today's tragedy.
Case 2
Chen Mou, 17 years old, was sentenced to fixed-term imprisonment for intentional homicide. Suspecting that classmate Zhang spoke ill of himself behind his back and told the teacher that he was "black", he took advantage of Zhang's position and stabbed Zhang with a knife, which led to Zhang's death. After the incident, Chen Mou regretted it, saying that the most important reason for his crime was being spoiled by his parents since childhood. Being spoiled since childhood, Chen Mou has always been self-centered. No matter at school or in society, she can't stand any loss and won't get angry. She always quarrels and fights with her classmates. Parents often educate him: whoever bullies you, you fight him, you can't beat us! As a result, Chen Mou gradually became a famous fighting king in the school, and he also formed gangs with some people inside and outside the school. As long as he thinks anyone is not pleasing to the eye, he will take the trouble to find him and then severely punish him. Chen Mou said: If my parents didn't spoil me so much when I was a child, I might not be like this.
Case 3
Zhang, 16 years old, was sentenced to fixed-term imprisonment for committing theft. When Zhang was in primary school, his father often secretly took some things from the factory home, and often called Zhang to the factory and quietly put some things in his schoolbag for him to take home. Slowly, influenced by his father, Zhang developed a bad habit of "picking up" other people's things. Parents always praise him for his skill and "caring for his family". After junior high school, Zhang fell in love with Internet cafes. In order to have money to enter the Internet cafe, Zhang sold what he "picked up", and later stole it with netizens, surfing the Internet with the stolen money, eating and drinking, and going in and out of high-end dance halls. Gradually, I became more and more courageous. In just two years, my partner and I committed crimes more than 20 times. The stolen things include wallets, mobile phones, bicycles, motorcycles, etc., with a value of more than 27,000 yuan. In the end, I was investigated for criminal responsibility.
Legal analysis
First of all, poor family education is the main reason for juvenile delinquency.
After reading these heavy cases, I think there are countless such cases. With the progress of society, there are more and more problems in family education, which seriously affects the healthy growth of minors' body and mind and promotes juvenile delinquency to some extent. First, it is common for parents or other guardians to infringe on the legitimate rights and interests of their children, such as abusing and abandoning underage children and making them drop out of school. If their legitimate rights and interests are not protected in time and effectively, these children will be more likely to commit illegal and criminal acts than others; Second, it is found that children have bad behavior or serious bad behavior, and they will not correct or condone this behavior correctly, so that children will gradually embark on the road of crime; Third, the family education system of children from divorced families is not perfect. The breakdown of the family not only causes great psychological harm to the young minds of minor children, but also has many negative effects on their future life and education. For example, after parents divorce, they regard their children as a tool for mutual revenge, and even don't pay child support and education fees, which leads to children's life and study not being guaranteed. In this case, the hearts of underage children are full of extreme emotions such as pain and hatred, which affects their perfect personality and healthy growth; Fourth, some bad factors in the family have a subtle influence on the growth of children, such as parents or other family members having bad hobbies such as gambling, drug abuse and theft; Fifth, parents or other guardians have improper educational attitudes or methods towards underage children, such as doting, being too strict or laissez-faire, insulting personality, etc. , leading children to form a wrong outlook on life.
According to the report of Beijing Evening News on February 8, 2002, 70% of China's family education is unqualified, and 30% of them are overprotective of their children, which leads to their strong dependence and poor self-survival ability. 30% parents are "over interventionists" who like to restrain their children's imagination and creativity; In addition, 10% parents take a severe form of beating and cursing, which leads to the child's shrinking personality or going to the other extreme and becoming rude and barbaric; However, parents who know how to educate their children with warmth, equality, understanding and guidance are quite limited. According to the statistics of Beijing Juvenile Crime Center 1999, 18.2% of juvenile crimes are spoiled by parents, and 7.2% are often beaten and scolded by parents. Another data from Beijing Juvenile Delinquency Center shows that juvenile offenders from single-parent families account for 34% of the total number of juvenile offenders. According to the investigation of 60 cases of juvenile delinquency by the Public Security Bureau of Huaibei City, Anhui Province, 87.5% families have serious problems in education. According to the investigation of Hebei Juvenile Delinquency Research Institute, 33.4% of juvenile offenders have been punished by administrative detention or above because of their parents' bad habits and behaviors. Family structure is incomplete, parents are at odds, and 37.3% are divorced or separated. According to the survey in Shanghai, among single-parent families, which account for only 5% of all families, the number of juvenile offenders accounts for 30% of all juvenile offenders.
Second, it is the legal responsibility of parents to educate their minor children correctly and prevent them from committing crimes.
Parents have an unshirkable responsibility in preventing juvenile delinquency. As the saying goes, family is the first school for children, family education is the earliest education in life, and parents are the first teachers for children. Therefore, family education is the forerunner and foundation of other education, and it is also the first line of defense to prevent juvenile delinquency. In this regard, the Law on the Protection of Minors and the Law on the Prevention of Juvenile Delinquency have clear provisions.
Article 9 of the Law on the Protection of Minors stipulates that parents or other guardians should respect minors' right to education, and must make school-age minors receive compulsory education in accordance with regulations, and must not make minors who receive compulsory education drop out of school.
Article 10 of the Law on the Protection of Minors stipulates that parents or other guardians should educate minors with healthy thoughts, behaviors and appropriate methods, guide minors to carry out activities beneficial to their physical and mental health, and prevent and stop minors from smoking, drinking, wandering, gambling, drug abuse and prostitution.
Articles 14, 15, 20, 34 and 35 of the Law on the Prevention of Juvenile Delinquency stipulate that parents or other guardians should educate minors not to commit bad behaviors and serious bad behaviors, and should not let minors under the age of 65 and 438+06 live alone without supervision, and should not let them run away from home. Third, the protection of minors' rights is the basis and key to prevent juvenile delinquency.
Family education and juvenile delinquency
CCTV once reported such a case: a boy aged 15 left home * * * 12 times because he was often scolded by his father. Every time, the foreign police sent him home. The reporter asked him: Do you think you will commit a crime? The boy replied: I think I will commit a crime because my parents are not good to me. I happen to be 15 years old. No one wants me to work and say that I am a child laborer, but I want to live. Then I had to steal and rob. It can be seen that the protection of minors' rights is the basis and key to prevent juvenile delinquency. Therefore, in order to prevent juvenile delinquency, we must first start with family education, solve the problems exposed by family education, and truly protect the legitimate rights and interests of minors. This not only requires parents to educate their children with healthy thoughts, conduct and appropriate methods, guide their children to engage in activities beneficial to physical and mental health, strengthen legal education, self-care education, responsibility awareness education and psychological education, and prevent juvenile delinquency; More importantly, parents should establish a legal awareness of protecting minors and ensure that their legitimate rights and interests are not infringed by their parents; For children from divorced families, parents should raise their awareness of legal responsibility, realize that it is their legal obligation to raise and educate their children, and don't take it out on them; At the same time, we hope that China will establish a guardian supervision system and a national guardianship system as soon as possible. Governments at all levels, administrative organs, social organizations, enterprises and institutions, residents' committees or villagers' committees and the whole society should earnestly do a good job in the protection of minors, promptly and effectively complain and handle cases that infringe on the legitimate rights and interests of minors, effectively protect the legitimate rights and interests of minors, and create a healthy, safe and caring family growth environment for their healthy physical and mental growth.