According to the fourth paragraph of Article 17 of China's Criminal Law: "If a person is not given criminal punishment because he is under the age of 16, his parents or guardians shall be ordered to discipline him; It can also be taken care of by the government when necessary. " The reception education here is a safety measure for minors who are not criminally responsible.
1. Students who violate the law and commit crimes shall be dealt with in accordance with the Criminal Law, the Law on Public Security Administration Punishment, the Law on the Prevention of Juvenile Delinquency and other laws and regulations. According to different situations, parents or guardians are ordered to be strictly disciplined, and when necessary, the government can take them in for reeducation, or give them corresponding administrative and criminal penalties. In particular, those criminals with bad nature and circumstances, cruel means and serious consequences must be resolutely punished according to law. "
2. Students who commit bullying are punished differently according to the seriousness of the case. Schools can strengthen education through criticism and education, disciplinary action and warning education. Students who adhere to the implementation of school bullying will be transferred to special (work-study) schools for education and correction in accordance with relevant state regulations; If the implementation of school bullying constitutes a violation of public security administration, the public security organ shall impose administrative penalties on public security according to law;
3. Define school bullying's behavior in two ways: induction and enumeration, and define school bullying from the aspects of subjective intention or malice, consequences caused by behavior, and behavior mode, so as to distinguish the general fighting and frolicking behaviors between school bullying and students. Discrimination, isolation and exclusion in classes and other collectives; Intimidating, insulting or mocking specific students many times; Ask for property many times; Repeatedly damaging or defacing the stationery, clothes and other articles of specific students; The implementation of beatings, corporal punishment, defacing the body and other acts; Anyone who records, records or disseminates text, audio, video and other information in the process of bullying is regarded as school bullying.
It can be seen that the age stage of reducing criminal responsibility is that the person is over 14 years old but under 18 years old. This is a statutory circumstance to give a lighter or mitigated punishment to juvenile delinquency, which embodies the spirit of criminal policy of combining leniency with severity in China's criminal law.