1. When dealing with juvenile crimes, we should focus on prevention and education, supplemented by punishment. According to the characteristics of juvenile delinquency at different ages, we should do a good job in preventing juvenile delinquency. Improve family quality and create a good family atmosphere. As soon as a child is born, the first thing he comes into contact with is the family environment. As the creators of the family environment, parents should take it seriously, pay attention to it, always pay attention to their own words and deeds, continue to learn, and improve their quality. Be a good role model for your children and help them develop good living habits from an early age. For a family, only by cultivating good living habits in children from an early age can their family education be considered successful. Otherwise, the child will develop many bad habits, and it will be too late when he discovers them when he grows up. This is the saying "one's nature is easy to change, but one's nature is hard to change." Of course, in family education, the most important thing for parents is to train their children to learn to respect and be polite to others, but this is precisely what many of us parents have ignored. Just imagine, will a person who has never known politeness or respect for others be recognized by others in life? Secondly, our parents must continue to learn and not blindly create "family democracy". They must pay attention to how to love their children and understand what true love for children is. In particular, they must promptly correct their children's mistakes and encourage them more. Don't be laissez-faire or rigid, not only let the children feel the warmth of their parents' love in the family, but also let the children feel the majesty of their parents. This is a truly harmonious and civilized family.
2. Teachers must keep pace with the times, improve their methods of educating people, and praise virtues more. Teachers must use no less means to punish students (not corporal punishment), but they must be reasonable and measured. Teachers should be good at setting an example and influencing students through good personal charm. In teaching, adversities and setbacks in life can be simulated for education. Let them realize that people will encounter many setbacks in life. The key lies in how they correctly understand and treat them. They should not cross the "moral bottom line" of being a human being at any time. They must have the courage and confidence to overcome setbacks, thereby cultivating healthy personality among young people. .
3. Schools should offer legal courses and strengthen legal training and education for primary and secondary school students and teachers. Enhance students' legal awareness through legal learning methods such as going out (observing court trials, listening to juvenile delinquents' reactions) and inviting in (legal lectures, mock courts). Educate students to report to their parents and teachers in a timely manner when they encounter illegal violations, to relax their minds, not to hide things in their hearts, to speak out, to learn to communicate with others, and not to show off. Enhance self-prevention capabilities and self-protection awareness.
4. Improve the legal system and build a social defense line. It should be said that my country’s current special laws and regulations such as the Compulsory Education Law, the Protection of Minors Law, and the Law on the Prevention of Delinquency of Minors not only fill in the gap due to the foreign “Juvenile Law” and “Juvenile Law” at a certain level. The legal gap brought about by the "Court Law" also provides a legal basis for our society as a whole to fulfill its obligation to pay attention to the growth of teenagers, and provides legal protection for the healthy growth of teenagers. However, existing laws and regulations are difficult to operate due to their thick lines and general provisions. For example, my country's "Criminal Law" stipulates that if a person is not subject to criminal punishment because he is under the age of 16, his family or guardian should be ordered to discipline him; if necessary, he can also be taken into custody by the government. When necessary, the relevant explanation is that there is no one at home, or there is someone to discipline the child but it is really impossible to discipline him, or the people have strong reactions and insist on the government to take care of him. Such regulations are obviously not conducive to practical operation. Therefore, many parents of minors and people of insight call on relevant departments to formulate practical preventive measures on the basis of further improving legislation, so that the prevention of minor crimes can truly be based on law.
5. Use a variety of measures to protect the external environment for the healthy growth of young people. To further improve the environment around schools, relevant departments must strictly manage the city's Internet cafes and electronic game room operating venues, ban "black Internet cafes" that endanger the physical and mental health of teenagers, promote a number of websites with healthy content, and purify the online space for teenagers.
Public security organs can set up security duty rooms or alarm points near schools to strengthen patrols around schools; when judicial organs try juvenile crime cases, they make full use of court trial education to guide young people to dig into the root causes of crimes, shock their moral conscience, and encourage them to plead guilty and obey the law. Juvenile courts must conduct regular visits, cooperate with multiple parties, seek ways to provide assistance and education, and consolidate trial results.
The causes of juvenile delinquency can be divided into broad and narrow senses. The broad concept refers to the various criminal factors that can cause criminal behavior according to their level, intensity and mechanism of action. and the system of crime causes for the existence and change of criminal phenomena. The concept in a narrow sense refers to phenomena and processes that have a relatively broad criminal effect in the crime cause system and can relatively independently cause changes in criminal results and criminal phenomena. But "criminal behavior is the manifestation of a series of factors, which are both individual and influenced by the surrounding environment, and are intertwined. If these factors are viewed in isolation, their essence will inevitably be distorted." "The occurrence of any crime cannot be separated from any decisive factors that cause the crime. The occurrence of crime not only depends on the existence of many decisive factors that cause crime, but also certain environmental conditions, individual personality characteristics, and most importantly, the type of crime. "The process of young people embarking on the road of crime is the result of the interaction of adverse subjective and objective factors. We must comprehensively analyze the various factors that cause juvenile crime and explore scientific and effective countermeasures to prevent juvenile crime.
Individual reasons
The reasons for juvenile delinquency can be divided into internal and external causes. The "self-causes" we talk about here are internal causes, and the reasons from family, school, and society that we will talk about later are external causes. The quality of a young person is the key to determining whether he or she will break the law or commit a crime. Some teenagers have low quality and poor resistance. One's own incorrect world outlook, outlook on life and values, idle and indolent hobbies and behaviors, one's own character flaws and naive psychology, as well as one's own life needs and personal dignity are not met, coupled with a weak concept of the rule of law, etc., once affected by external factors Under the influence and stimulation, it is easy to embark on the road of illegal crimes.
Family reasons
Parents are their children’s first teachers, and family is the first classroom in life. Defects in family education are the basis for children to develop bad personalities. The ancients said: "It is the father's fault to raise children if they fail to teach them." This is mainly due to the following situations: First, the parents are not well educated and do not know how to take care of them. If something goes wrong, they often beat them to death with a stick and lack the patience and meticulous persuasion and education; second, the parents cannot take care of the bad habits that the children have developed for a long time. Because they did not start with early education and take care of their children until later stages; third, parents have lost confidence in their children and do not want to take care of them; they just let nature take its course and let things take their own course; fourth, parents are divorced and their children have no one to take care of them, and they do not care about themselves or have no time to do so. If you take care of your children, your children will have no time to take care of themselves. Not caring about or having no time to care about their children, causing them to wander in society; fifth, parents' own bad behavior directly affects their children, causing them to follow their parents, commit petty theft, and fight. People have summed up the saying "problem families have problem boys", which is indeed true! I mentioned earlier the three rape cases of minors that I handled. The families of the three defendants were all divorced families. The essence of the problem was the lack of care for the children. During the court education, all three parents cried, saying that I could not apologize to their children, and that they would strengthen their care and education for their children in the future.
School reasons
School education is crucial to the growth of teenagers. Improper school education methods are an important factor that leads some teenagers to stray into society and embark on a criminal path. Currently, the main problems existing in school education are: 1. The guiding ideology of one-sided pursuit of enrollment rates.
Although our country has long established an educational policy of comprehensive development of "morality, intelligence, and physical fitness" and has a fine tradition of "teaching and educating people"; however, many schools still have a serious phenomenon of one-sided pursuit of enrollment rates. . The quality of education in a place, the quality of education in a school, the performance of a school leader, and the level of a teacher are all measured by the "admission rate." Schools are divided into fast classes and slow classes. Students who are good at studying are often favored and can take advantage of them, while students who study poorly are discriminated against and excluded. As a result, the gap widens.
Once good students fail in exams, they will feel hopeless and afraid of being ruined; while poor students will break down, become tired of studying, drop out of school, and are prone to problems. Once it flows into society and is induced and influenced by bad factors, illegal and criminal behavior will occur.
2. There is a lack of careful consideration of students’ disciplinary violations, and they give up educating the disciplinary students after the violation.
Punishment of students who violate school rules and disciplines is a means of educating and saving students. If used well, it can serve as a warning and deterrent to students with bad behavior, so that they dare not , will not commit the crime again; if used improperly, it will make the students being punished feel pessimistic and negative, and they will give up on themselves and go further and further down the road of crime, thus slipping into the quagmire of crime. An 18-year-old gang "boss", Wang Hai, said in his own words: "One time I was late for class and the teacher punished me by raising a brick in the corner of the classroom. I mentally slapped the brick on the desk. The teacher came up and kicked me, and I started fighting with him. Just like that, I was punished by the school. My days of serious study were over. I hung out with those naughty students and caused trouble."
3. Legal education is missing or becomes a mere formality.
The lack of ideological and moral education and legal education for teenagers in schools is an important factor that cannot be ignored for teenagers' illegal crimes. Many young students do not know what illegal crimes are, lack general legal knowledge, do not know or understand the law, let alone abide by the law. Some time ago, in the robbery case handled by the author, Liu ×, the defendant Liu × forcibly demanded money from other students at the school and Internet cafe gates to satisfy their online consumption. He felt that these were trivial matters and had nothing to do with crime.
Social reasons
The impact of social phenomena on young people cannot be ignored. What people now call "yellow", "gray", "black" and "three-color pollution" are particularly harmful to young people! It is particularly harmful to young people! 1. "Yellow pollution" in the cultural market.
Vulgar and vulgar culture will infringe and corrode the human soul. Currently, in the cultural market, books, newspapers, magazines, and audio-visual products are filled with a large amount of unhealthy content such as feudal superstition, murderous violence, obscenity, and pornography, which has caused serious pollution to social culture. Among them, "yellow pollution" is the most corrosive to young people. Article 23 of my country's "Law on the Protection of Minors" clearly stipulates that "the competent departments and operators of commercial dance halls and other places that are not suitable for minors' activities shall take measures to prevent minors from entering." However, some owners of game arcades, song and dance halls, video halls, and Internet cafes are only profit-seeking and greedy for immediate benefits, causing some teenagers to indulge in it, their souls are poisoned, and their ideals are seriously distorted. In order to satisfy their overdraft and sensory stimulation, they gradually turn to crime . The author once handled a case of Zhao XX raping a young girl. Zhao XX was only 15 years old. He was "spoiled" and raped 8 young girls. All of these girls were only 4 years old, the oldest was only 11 years old. Zhao XX was not very old. But he has new tricks and cruel methods, which he learned from watching pornographic videos. In this case, the owner of the video parlor he frequented was also sentenced. As a middle school principal said with emotion: "A bell for classroom education is not worth a shot in the video hall." "A teacher's earnest talk for a day is not worth a tour of the student's bookstore."
2. "Gray pollution" represented by corruption.
The impact of corruption on the next generation cannot be underestimated. Abusing power for personal gain, taking corruption and bribery, and seeking connections through the back door have also affected some young people. Affected by their family environment, they believe in "power is greater than the law" and rely on their family power to break laws and disciplines. Some do whatever they want and are unscrupulous!
3. "Black pollution", a violent crime with a gangland nature.
In recent years, there have been an increasing number of cases with a "triad" nature in our country (called "black cases"). Although some relatively specific propaganda reports have a positive effect on legal education, the overly detailed propaganda and descriptions have caused some young people to imitate "buddy loyalty", kneel down to form alliances, fight and kill, and endanger society. In this regard, some people have given examples. Some experts say, "As they grow older, these youth gangs are very likely to develop into underworld forces."
Judicial reasons
What we mainly talk about here are the flaws in the criminal legal system and problems in implementation, as well as the reform of criminals and other factors. 1. Problems existing in the criminal procedure system and its implementation.
It should be said that my country’s revised Criminal Procedure Law has taken a big step towards the process of democratization and legalization, but there are still some shortcomings and problems that still need to be further improved. For example, the issue of "right to silence", the restriction and improvement of detention measures, etc. There are also "difficult problems" such as "torture to extract confessions", "difficulties in meeting lawyers", "extended detention" and other "difficult problems" in the implementation of the Criminal Procedure Law. "These problems will lead to unfair treatment. These may cause people who are unfairly treated or prosecuted in violation of the law to have a rebellious criminal mentality, and then resist or even hate society. Teenagers are more likely to develop this kind of mentality. Therefore, strengthen the prevention and control of juvenile crimes. It is even more important to protect the rights of suspects and defendants and to minimize their detention.
2. "Cross-infection" in prisons
About "prison". After long-term research and discussion by criminologists on the issue of criminality, the conclusion should be affirmative. As a contemporary French criminologist pointed out: "It is certain that prison sentences in some countries, including France and the United States, are very different." The tragic conditions of execution have verified the conclusion that prison is criminal." Japanese criminologists pointed out after research: "The current prison labor in our country uses a very small amount of bonuses to restrain the body of the sentenced... . Its actual purpose is nothing more than to avoid and prevent prisoners from escaping. Under such circumstances, it is simply impossible to improve and rehabilitate criminals. Now, two-thirds of those released from prison will still become habitual offenders and return to prison. "The "cross-infection" effect of prisons on juvenile crime is more prominent because their resistance is weaker and their ability to imitate is stronger. This It should attract our full attention.