Chile's Juvenile Law, promulgated in 1967, stipulates that there are four ways to protect juveniles who violate the law: placing them in state correctional institutions for education; Guardianship by parents; Guardianship by relatives or guardians designated by the state; Free supervision, regular visits, participation in designated activities, etc.
Article 17 of China's Criminal Law stipulates that a person who has reached the age of 16 shall bear criminal responsibility for committing a crime. A person who has reached the age of 14 but under the age of 16 commits the crimes of intentional homicide, intentional injury, serious injury or death, rape, robbery, drug trafficking, arson, explosion and poisoning, and shall bear criminal responsibility. Those who have reached the age of 14 and under the age of 18 shall be given a lighter or mitigated punishment. Those who have not been subjected to criminal punishment because they are under the age of 16 shall be ordered to discipline their parents or guardians, and if necessary, they may be taken in by the government for reeducation.
China's criminal law fully embodies the internationally accepted principle of combining education, prevention, protection and socialization in legislation. The combination of protection and punishment embodies the principle of tempering justice with mercy, and the combination of dealing with bad behavior and criminal behavior embodies the principle of crime prevention. However, these principles are only principles after all, and they are still lacking in operability in some aspects, and even can be said to be unfounded. We can now sue some parents in court for not sending their children to school and not completing nine-year compulsory education, but what if parents ignore teaching their children? Not long ago, a case caught the attention of the press. Because male and female college students slept together, the school punished them according to the school rules, but they took the school to court and thought that the school had violated their reputation and privacy. What if students and children are disobedient? Some students just don't attend classes all day and soak in the video game room; Some girls just like not going home at night. What should I do? Can I call the police or ask the police station to take compulsory measures? There is no explicit provision in the law. Therefore, in real life, there are even cases where parents send their children to the police station for treatment. If the police station can't handle it, parents will put their righteousness above their family and kill their children. Therefore, China's laws provide lenient treatment for juvenile delinquency, but there is no relative legal measure of strict discipline, which puts forward higher requirements and more arduous tasks for our school education.
second, the current situation and characteristics of juvenile delinquency
Juvenile delinquency is a social problem that all countries in the world are facing, and it is known as one of the three major public hazards in contemporary times. In recent years, the problem of juvenile delinquency in China is quite prominent, which not only causes serious harm to society, but also defiles the precious youth of teenagers. From October 25 to November 24, 1999, the Central Comprehensive Management Office, the Ministry of Public Security and the Central Committee of the Communist Youth League jointly held the "For Tomorrow-Prevention of Juvenile Delinquency and Crime Exhibition" at the Beijing Military Museum, displaying a series of pictures of juvenile delinquency.
Zhao, a 12-year-old female student, got into the habit of enjoying herself and began to steal. In March 1998, Zhao wanted to ask a 6-year-old girl for instant noodles and drowned her in a ditch outside the village.
In December, 1998, 21-year-old college student Zheng Jianmin had an argument with his roommate, Ou, because he was snoring. On the third day, Ou Mou asked his classmates Hong Mou and Rong Mou to come to Zheng Mou's theory, and Zheng Mou killed Hong Mou and Rong Mou with a dagger. Zheng was sentenced to death according to law.
Since p>1998, the criminal gang of "Twelve Little Cotton Mills", mainly Min Mou and Wang Mou, has committed robbery, extortion and rape with middle school students as the main targets, and accumulated more than 1 crimes. The oldest members of the gang are 17 years old and the youngest is 12 years old. Most of them are dropouts. The gang has been punished.
Since p>1997, 47 criminal gangs with 22-year-old Zou Zhixiong as the "commander-in-chief" have ten "elites" who dominate one side and commit 63 crimes such as burglary, robbery, rape and murder!
On September 24th, 1999, Tang Congwei, an 18-year-old student at school, wrote a letter to the mayor of Kunming, claiming that he possessed sarin poison and extorted 5 million yuan from the municipal government. If he could not meet his requirements, he would create a bloody explosion in the Kunming World Expo Park. On November 13th, Tang Congwei was sentenced to 13 years in prison.
in China, there are many such cases. I won't list them one by one. Then, what about our local situation in Huangmei? Let me give a few examples of cases around our students who participated in the defense:
At 11: am and 12: noon on January 3, 1999, Zhao Qiang (22 years old), Fang Mou (16 years old) and other six people (the other four are all 16 years old) were at the entrance of a middle school near Kuzhukou, next to Paradise Cemetery, and they robbed with three people that day. The first instance sentenced him to three years' life imprisonment. Zhao Qiang was sentenced to seven years in prison and fined 3, yuan. Fang was sentenced to six years in prison and fined 3 yuan. I acted as Fang's defender in the first trial. Huangmei County Procuratorate thought that the sentence was too light and protested; Zhao Qiang was sentenced to 11 years' imprisonment in the second instance, and Fang was sentenced to 8 years' imprisonment.
On April 24th, 1999, Gui Mou (16-year-old student) was injured by another gang of Zhou Baojiang's men, and asked his eldest brother Xia Min (22-year-old) for instructions. Xia Min, Li Shuai (24 years old) and others competed with Zhou Baojiang for the earth filling project, and Li Shuai sent Deng Mou (16 years old) to listen to Gui Mou's command. * * * Eighteen people (all minors) fought with Zhou Baojiang. As a result, in the chaos, Yu Mou (17 years old) stabbed a middle school student Zhang to death with a knife. After the judgment of Huanggang Intermediate People's Court, Yu was sentenced to 15 years in prison and compensated for economic losses of 15, yuan; He was sentenced to two years and six months in prison and compensated for economic losses of 1, yuan; The other defendants are responsible for each other.
On June 18th, 1998, Qian Mou (17 years old), Liu Mou (16 years old) and Zhang Mou (17 years old), who were students of experimental middle school, were instructed by others to cut Liu Zanqun with kitchen knives in public for 19 times, resulting in Liu Zanqun's serious injury and seventh-grade disability.
From the above cases, it can be seen that the current juvenile delinquency has the following characteristics:
(1) The proportion of juvenile delinquency in criminal crimes in the whole society is too high, and the nature of crime is becoming more and more serious.
from 195 to 1959, juvenile delinquents accounted for 2% of criminal offences.
in the late 197s and early 198s, it reached 66% (7%-8% in cities) and has remained high ever since.
In a city of Shanxi Province, there was one juvenile offender in 1957, and in 1981, there were 159 juvenile offenders and 159 juvenile offenders.
The types of crimes range from petty theft and hooliganism in 195s and 196s to murder, arson, poisoning and explosion, abduction and rape, robbery, robbery and drug trafficking, and almost all kinds of teenagers are involved. At present, many major, important and malignant cases are mostly committed by teenagers, and most of them are sentenced to heavy sentences.
(2) the complexity of crime types and the abomination of criminal motives.
Adolescence is a critical period of life from naivety to maturity. Teenagers' psychological development is fast, their self-control ability is weak, and they are impulsive. When they encounter some accidental events, they lack thinking and are reckless. The 12-year-old Zhao belongs to this category. However, this kind of crime is only because it is young and ignorant, and it is decreasing day by day, and then it develops into violence and property, with the characteristics of madness, cruelty and greed.
(3) The main form is gang crime.
gang crimes mainly appeared in the late 197s and early 198s. During the crackdown in 1987, 2, rogue gangs of various types were destroyed nationwide. 6%-7% of juvenile crimes belong to gangs, 85% of ordinary gangs are composed of teenagers, and 7% of the main crimes committed by teenagers are committed by gangs. Some are ordinary criminal gangs, some have developed into criminal groups, and some have developed into formal or even underworld criminal groups with names, leaders, rules and regulations and division of labor. In recent years, their number has been increasing, their activity area has been expanding, their organization has become more and more strict, and they even have ties with overseas underworld forces. Contact with members of criminal gangs is not only the spiritual bond of "brotherhood", but also the bond of criminal interests.
(4) The crime of primary and middle school students is increasing, and the crime is younger.
The Compulsory Education Law, implemented in July p>1986, stipulates that teenagers should receive compulsory education. Grasping the "Nine-Year Plan" is also to prevent and reduce juvenile delinquency.
(5) The number of female juvenile delinquents has soared, and the form of crime has changed from "dependent" to "independent", and the so-called "big sister" has emerged.
Juvenile delinquency is a comprehensive reflection of negative factors in all aspects of society. The main reasons for juvenile delinquency in China are as follows: immature subjective psychology and lack of self-evaluation of right and wrong; The influence of bad factors in family environment; The influence of bad social atmosphere and so on. The mistakes in school education are also one of them.
Third, school education and crime prevention.
the party and the state have always been very concerned about the healthy growth of teenagers and attached great importance to the prevention and correction of juvenile delinquency. In 1979, the CPC Central Committee demanded that the whole party "must attach great importance to solving the problem of juvenile delinquency". In 1985, the CPC Central Committee issued the "Notice on Further Strengthening Youth Education and Preventing Juvenile Delinquency", which raised the youth education and prevention of juvenile delinquency to the overall height. In 1985, the Central Committee of the Communist Party of China issued the "Notice on Further Strengthening Youth Education and Preventing Juvenile Delinquency", which further brought the protection of minors in the whole society into the legal track; On November 1, 1999, the Law on the Prevention of Juvenile Delinquency was formally implemented. To solve the problem of juvenile delinquency, we must take the countermeasures of "combining punishment with education, treating both the symptoms and root causes", and school education should treat both the symptoms and root causes, so as to make due contributions to the prevention of juvenile delinquency. School education should make due contributions to the prevention of juvenile delinquency in the aspect of "treating both the symptoms and the root causes".
how can school education prevent juvenile delinquency? In the final analysis, students' ideological and political work should be put in the first place, and quality education should be strengthened in an all-round way. Teachers should shoulder the sacred responsibility of "engineers of human souls", both teaching and educating people, and build a solid line of defense against crime in students' minds.
Confucius said: "The way to govern is to punish the people, and the people are shameless; For the way of virtue, be polite, be ashamed and be decent. " Teachers are moral preachers, that is, they should follow the instructions and do patient and meticulous moral education work to help students form a correct world outlook, outlook on life, values and outlook on honor and disgrace. Moral education in our school and teachers is the most basic, fundamental and crucial work to prevent crime. The task is glorious and arduous, but when we think of running one more school or running one well, there will be one less prison. Our blood and sweat are valuable and rewarding, and we should be gratified.
in addition to the regular education (the knowledge of law in the second grade of junior high school is well described in the textbook), schools also carry out targeted legal education according to the legal requirements of the country and the public security situation of the school community, such as offering legal education courses, taking the form of "please come in and go out" to give concrete and practical education to students.
I remember that when I was in Grade One, the school spirit in Huangmei Township (vocational high school) was very poor. When students were out of school, all the shops in the street had to close. By vigorously rectifying the school spirit, the police station informed us to give lectures. When I was in normal school, the school organized us to go to a public trial to listen to a teacher's criminal facts. I can't remember the specific contents of these activities, but the ability of these two activities still leaves a deep impression on me, which makes me feel an invisible but concrete sword of law hanging over my head, which keeps me in awe and belief in the law.
Of course, there are many specific measures that can be taken. For example, school education in Rongcheng City, Shandong Province should take the following measures:
1. Improve the organization and leadership network.
2. Establish and improve rules and regulations, and stipulate the system of "Legal Education Month" and "Graduation Legal Education and Learning".
3. The forms of education are flexible and diverse.
4. The school, the society and the family pay close attention to the management of * * * *, and employ more than 18 off-campus legal counselors.
No.2 Middle School in Zhangye City, Gansu Province, recruited 53 double-poor students from outside the plan, and paired them up. The students signed a responsibility letter for the management of underachievers with the teachers, and the teachers signed a * * * helping and teaching contract with the underachievers.
Not long ago, the TV station reported the news that Jiangxi No.76 Middle School hired the off-campus vice president of legal system.
On April 27th this year, Xiaxin Town Middle School in our county hired a cadre of Huangmei County Judicial Bureau to give a lecture on legal system.
Since this period, our experimental middle school has resolutely put an end to attaching importance to the main course and neglecting the minor courses, simply pursuing the enrollment rate unilaterally, and doing things in different ways. It has started the "seedling project" and turned the semi-spontaneous activities such as "one gang, one gang, one gang" and "preventing and helping the poor" into the main leaders of the school and leaders at all levels.
the 21st century is a century full of competition, challenges and hopes. Teenagers are the successors of the 21st century, the future of the motherland and the hope of the nation. After twenty or thirty years, these childlike flowers will become the main force of the society, shouldering the arduous and glorious historical mission of the Chinese nation's great rejuvenation of the new century. How to make them grow up healthily and become useful people to the society is the responsibility of the whole society. School education is duty-bound. We will do our best to further prevent and reduce juvenile delinquency and make our tomorrow better.