Abstract: The juvenile criminal trial court of Yunlong District People's Court in Xuzhou City, Jiangsu Province fully embodies the trial characteristics of "combining education with trial" in the trial work, and gradually explores a set of trial methods that adapt to the psychological and physiological characteristics of minors. They insist on emphasizing "investigation" before trial, "teaching" in court and "help" after trial, and put the theme of "finding probation points and awakening probation" throughout the whole process of trial activities, providing comprehensive judicial protection for minors, effectively protecting their legitimate rights and interests, and striving to save every juvenile who has slipped. The Juvenile Criminal Court of Yunlong District People's Court in Xuzhou City, Jiangsu Province (hereinafter referred to as "Juvenile Court") has been exploring and applying what it has learned in many years of trial practice. While strengthening the concept of law enforcement, we have carefully studied and profoundly understood the requirements of juvenile criminal policy with "education, probation and salvation" as its main content and purpose, effectively protecting the legitimate rights and interests of juvenile defendants, and enabling vulnerable juvenile defendants to get the most real care and protection within the legal scope, thus realizing the educational function of the law. They insist on interpreting the principle of combining punishment with education with a brand-new judicial concept, and carry out juvenile justice for this purpose, providing comprehensive judicial protection for minors, so that they will not be pessimistic and disappointed because of crimes and ruin their future. Education will run through the whole juvenile justice work, preventing every minor from committing crimes again, which is closely related to directly benefiting society and thousands of families in Qian Qian. From 1987 to the end of 2003, * * a total of 65,438 juvenile criminal cases (including criminal cases infringing on the legitimate rights and interests of minors) were concluded and juvenile defendants were sentenced to 1208. After a return visit, none of them committed crimes again and achieved positive social and legal effects. The juvenile court fully embodies the trial characteristics of "combining education with trial" in the trial work, and gradually explores a set of trial methods that adapt to the psychological and physical characteristics of minors. They put the working theme of "finding the probation point and awakening the probation heart" throughout the whole process of trial activities, extended the post-trial education and tried to save every juvenile who slipped. First, pay attention to pre-trial "investigation" and prepare for pre-trial education. First, after the case is accepted, it is required to fill in "two forms". That is to say, each minor defendant is required to fill in the minor personal situation test form, and his parents are required to fill in the minor family situation questionnaire, so as to understand the defendant's growth experience, psychological state, growth environment, past performance, criminal reasons and so on. In order to facilitate the study of the court trial education program. The second is to invite the parents of minor defendants to participate in the proceedings as legal representatives. Some minors commit crimes, and parents' thoughts fluctuate greatly. Some of them hate iron and don't produce steel, some don't ask, some are in conflict with the investigators of the public security law and have a quarrel with the investigators. Judges always patiently do their ideological work and strive for their cooperation, so as to achieve the purpose of educating juvenile defendants. The third is to recommend good defenders for juvenile defendants and protect their litigation rights. Due to the limitation of age and intelligence, juvenile defendants are at a disadvantage in litigation, so the judge recommends lawyers with practical experience and good at dealing with teenagers as defenders. For some defendants whose parents are in other places and cannot appear in court or cannot afford to hire a defender due to financial difficulties, the court will appoint a defender for them according to law. The fourth is to implement the "judicial expert clinic" trial method for juvenile cases. Aiming at the special group of juvenile defendants, the juvenile court has established a special institution in the trial mechanism, made a special breakthrough in the trial mode, and made great efforts to solve the difficulties. In consultation with the procuratorial organs and relevant law firms, a juvenile case procuratorial group and a juvenile case defense group were established respectively to give full play to the overall function of juvenile criminal cases. The fifth is to hold a "pre-trial consultation meeting". For some minor defendants with deep bad habits or serious crimes, the presiding judge or the sole judge is responsible for convening a "pre-trial consultation meeting". The purpose is to analyze the causes of crime and study the court trial education program. The contents of court trial education are clearly divided by judges, prosecutors, agents ad litem, educators and defenders. Sixth, strictly control the age of juvenile defendants. The age of juvenile defendants is an important fact that should be ascertained when trying a case, which is not only related to whether they have reached the age of criminal responsibility, but also a problem that should be fully considered when sentencing. Because the management of rural household registration is not standardized, household registration often cannot truly reflect the age of minors. After the implementation of the designated jurisdiction, judges sometimes need one day to investigate in the remote Tongshan county to determine the age of minors. In July, 2003, when the juvenile court tried the case of the defendant Yuan's theft, the judge found out that according to the household registration certificate issued by the public security organ, Yuan was over 18 years old when he committed the crime, and his parents claimed that Yuan was a super-born child, and his age was stated in the household registration, that is, he was under 18 years old when he committed the crime. In a serious and responsible manner, the judges went to the Fourth People's Hospital of Xuzhou, Yuan's birthplace, to investigate. Upon arrival at the hospital, the staff informed that the original birth medical record had been bundled and packaged and could not be found because it was nearly 20 years since the defendant was born. After the judge explained the situation to them, the hospital reluctantly agreed to rummage. It took the organizer nearly a day to finally find the discharge certificate of Yuan's mother 18 years ago from several bundles of medical records, and confirmed that the delivery time was consistent with the age provided by her parents. On this basis, the judge confirmed that the defendant was a minor and gave him a lighter punishment according to law. Second, emphasizing "teaching" in court will make the court trial education get the best effect. First of all, it will play a common role in court trial education. According to the comprehensive situation of juvenile defendants, the trial is centered on judges, and the enthusiasm of prosecutors, defenders and legal representatives is fully mobilized. Educate the defendant in legal system, morality, outlook on life, family, confession and future from different angles of law, reason and emotion, and educate and influence the juvenile defendant from different angles. On June 5438+065438+ 10, 2003, the juvenile court held that the defendant Mou did not like learning since childhood. He dropped out of school in the third grade, made some bad friends in the society, and often stopped students from robbing money at the school gate. After being arrested, Mou still holds the attitude of breaking the jar. After the case was prosecuted, the case-handling personnel contacted their parents in time and asked them to participate in the trial as legal representatives. By holding pre-trial consultation meeting, study the education plan. During the court investigation, Mou was still extremely uncooperative and had no remorse. In order to save this stubborn juvenile delinquent, in the trial education, everyone started education from different angles, especially the defendant's father. He told the court sensibly that even if his son did not plead guilty, he still believed that the criminal facts accused by the public prosecution agency were established, and seriously educated the defendant, saying things like "My son refused to teach, my father was guilty, and my son's crime was my fault". After hearing these words, Mou finally changed his attitude, cried bitterly in court, and knelt down many times, asking his father to forgive his mistakes and asking the court to give him a chance to turn over a new leaf. This experiment has achieved good results. The second is to adopt educational methods suitable for minors. Judges always treat juvenile defendants patiently and meticulously. They try to use easy-to-understand and acceptable language in the trial, and pay attention to inspiring and persuading minors to truthfully confess their crimes; Their tone is calm, so as to offset the defendant's fear of trial, shorten their psychological distance from the judge and make the trial in a relaxed atmosphere; They consciously integrate the knowledge of juvenile psychology, criminology and other fields into the education work, and choose the most appropriate method for education according to the defendant's physical and mental condition, criminal reasons, personality characteristics, family environment and other comprehensive conditions before the court. Thirdly, in education, people are moved by things and emotions, which makes minors deeply shocked and influenced. In April 2004, when the juvenile court tried the theft case of Guo Moumou (female, 17 years old), it was learned that Guo Moumou was a student of a normal school in Luoyang and his parents were educators. Usually they are very strict with him, but there is little communication between the two sides. On June 5438+065438+ 10, 2003, Guo left home and went to Xuzhou to work in the teahouse of the victim Xia Moumou. Driven by money and interests, he stole jewelry worth more than 40 thousand yuan in summer, thus embarking on the road of crime. Before the trial, his mother gave a letter to her daughter to the judge and asked her to give it to her daughter. The undertaker thinks this letter is very touching, and it will be very effective if it can be read to her during the trial education. Sure enough, in the process of education, when Guo heard from his mother's heart, "Mom and Dad's screaming daughter, happy little angel, I can't see you at once, I miss you so much ..." My eyes filled with tears, and everyone present was moved, and my attempt at education received unexpected results. Third, focus on "helping" after the trial and extend education to the post-trial stage. First, correct conviction and sentencing from the perspective of educational reform that is beneficial to juvenile defendants. For minors who have minor crimes and meet the conditions of probation, especially school students, probation should be applied as much as possible to enable them to return to school to repeat their studies, so as to prevent some juvenile offenders from deepening their bad habits because they do not have a good reform environment. The second is to implement regulatory measures to consolidate the trial effect. The juvenile court has established a return visit file for every juvenile sentenced to probation, detention or exemption from punishment, arranged a special person to take charge of this work, implemented the supervision personnel, formulated supervision measures and assistance and education plans, implemented regular return visits, and required juvenile offenders with probation to make a written report on their thoughts every quarter to keep abreast of the ideological transformation. Taking advantage of the nationwide popularity of the film "Judge Mom", the juvenile court organized some suspended prisoners to visit the "national court pacesetter", the national "March 8th" red flag bearer, the national "Top Ten" female judges and "Judge Mom" Comrade Shang in Haidian District People's Court in Beijing in 2003 1 month, and "Shang Mom" communicated with each suspended prisoner to understand their mistakes. "Shang Mama" also presented books to each of them and wrote an inscription on the title page to encourage them. After personally listening to the instructions of the "judge's mother", the probationers have said that they will take this "close contact" with the "judge's mother" as the driving force for reform and take every step of their future life. This activity has also deepened the juvenile court's assistance and education for juvenile offenders on probation. The third is to help underage students who have been sentenced to probation, detention and exemption from punishment return to school to prevent them from committing crimes again. At present, because the comprehensive evaluation of social security in schools is a one-vote veto system, as long as students have criminal cases, schools cannot be rated as advanced collectives for comprehensive management. Therefore, some schools have adopted the practice of expelling illegal and criminal students, which makes it quite difficult to contact the work of returning to school to repeat studies. Judges always try their best to give them a chance to go back to school. Defendant Zhang was originally a student of Xuzhou Technical School. Through the pre-trial visit to his school, I learned that the student's academic performance has been good, but his personality is relatively withdrawn and unsociable. Because he made bad friends, he was confused and embarked on the road of theft. After the trial of the case, the undertaker thought that Zhang did show repentance, and he himself expressed his hope to return to school in court. His father also contacted and negotiated with the school many times, hoping to give his children a chance to continue their studies. To this end, the undertaker went to the school to negotiate with the school leaders, requesting to continue to accept Zhang, let him complete his studies, and cooperate with the court to implement regulatory measures against Zhang. The school made it clear at that time that the only way to deal with such students was to expel them. The undertaker went to the school three times to publicize the law on the protection of minors and other relevant laws and regulations. Finally, the school leaders were moved by the sincerity of the judges, and saw that they really thought about Zhang's future, and finally decided to let him go back to school to repeat his studies. Since 1987, more than 60 minors have returned to school. Fourth, visit the juvenile offenders who have been sentenced to actual punishment in the juvenile detention center and help them build up their confidence in reform. From June 5, 2003 to 10, judges traveled more than 700 kilometers to jurong city Juvenile Correctional Institution, Jiangsu Province, and visited 27 prisoners sentenced in the past three years. The leaders of the juvie held a grand ceremony and arranged 27 prisoners in the auditorium. The judges inquired about their life, study and work in detail, and encouraged them to reform well and master labor skills, so as to lay the foundation for their return to society in the future. Li Moumou is a girl who just turned 16 years old. He was sentenced to four years and six months in prison for participating in theft with his boyfriend. Her father was disappointed in this disappointing daughter. In the nearly two months since Li Moumou went to Jurong Juvenile Home, her family has never visited her, and her mood has been very sad. When she saw the familiar judges visiting, she was prone on the table and burst into tears. The judge told her that when she returned to Xuzhou, she must inform her father to visit her, so that she could feel at ease and not be burdened with thoughts. Li Moumou cried and said, "You are closer than my relatives."
Source: China Court Network