Essays academic service


Chinas should government should have preventive measures of juvenile crimes

The government departments concerned, judicial organs, people's organizations, relevant public organizations, schools, families, neighborhood committees in cities and villagers committees in the countryside, etc. Juveniles who have reached the age of receiving compulsory education shall, while receiving the education mentioned above, be educated for prevention of crimes. Education for prevention of juvenile delinquency is for the purpose of enhancing juveniles' legal conceptions, helping them heed the harm done to themselves, their families and the community by their violations of law and criminal actions and become aware of the legal responsibilities incurred by such violations and actions and of the importance of obeying rules of discipline and laws and preventing themselves from breaking laws and committing crimes.

Schools shall, in light of specific conditions, hold activities with education for prevention of juvenile delinquency as the main content.

The administrative departments for education shall take the results of education for prevention of juvenile delinquency as an important part of assessment of school work.

Laws of the People's Republic of China

Schools may engage after-school legal counselors, where conditions permit. Schools that conduct education among students in prevention of crimes, shall make their plans for such education known to the parents and other guardians of the juveniles, who shall carry out the education in combination with the school plans and according to specific conditions.

  • The administrative departments for radio, film and television and the administrative departments for culture shall strengthen administration of the programs of radio, film, TV and drama and the various showplaces;
  • A person aged from fourteen to sixteen bears criminal responsibility in intentionally committing serious criminal offenses spelled out in the Criminal Law, including homicide, rape, and robbery;
  • The question is whether the suspended decision may be eventually applied.

No business places may sell cigarettes or alcoholic drinks to juveniles. Where juveniles stay out at night without permission, their parents or other guardians, or the boarding school concerned shall look for them without delay, or approach a public security organ for help. Whoever allows a juvenile to stay at his or her place at night shall obtain permission of the juvenile's parents or other guardians in advance, or inform them or the school concerned of the matter within 24 hours, or report to a public security organ without delay.

Raccourcis

When they find that the gangs have violated laws or committed criminal offences, they shall report the matter to public security organs. When the public security organs receive the reports, they shall immediately investigate and deal with the cases in accordance with law and, where the personal safety of juveniles is endangered, they shall promptly take effective measures to protect them. Where juveniles run away from home, their parents and other guardians shall look for them without delay, or approach public security organs for help.

The neighborhood committees in cities and villagers' committees in the countryside shall assist public security organs in successfully maintaining public security around middle and primary schools. With regard to juveniles among temporary resident populations who perpetrate misbehavior, they shall urge the parents and other guardians of the juveniles to educate the juveniles effectively and to stop their misbehavior. No unit or individual may, by means of telecommunications, computer network, etc.

The administrative departments for radio, film and television and the administrative departments for culture shall strengthen administration of the programs of radio, film, TV and drama and the various showplaces.

When juveniles are found to perpetrate serious misbehavior as prescribed by this Law, their parents or other guardians and the schools concerned shall coordinate their efforts and take measures to subject them to strict discipline, or may send them to work-study schools for rectification or treatment, and for education. To send juveniles to work-study schools for rectification or treatment, and for education, their parents or other guardians or their former schools shall submit applications for approval to the administrative departments for education.

  • The neighborhood committees in cities or villagers' committees in the countryside may engage retired persons or other persons who are exemplary in their ideology and moral character, honest and upright and enthusiastic about educational work among juveniles, to assist them in doing a good job of educating and reform the juveniles mentioned in the preceding paragraph;
  • For cases involving criminal offenses committed by juveniles, no names, dwelling places, photos nor materials from which people can tell who the juveniles are may be disclosed in news reports, film and television programs and publications;
  • Under a second view, if a lighter punishment or a mitigated punishment below life imprisonment is further applicable according to Article 17, Paragraph 3 of the Criminal Law, the statutory requirement of leniency for juveniles will be twice applied;
  • Therefore, it is not "unconventional and unorthodox" to lower the minimum age of bearing the criminal responsibility.

They shall, in addition to the same courses offered by ordinary schools, as required by the Law on Compulsory Education, put emphasis on education in the legal system and help the juveniles to rectify or treat their serious misbehavior in light of the causes for such misbehavior and the psychological characteristics of the juveniles. Families and schools shall show concern for and take good care of the juveniles who study in work-study schools and respect their personality and dignity, and may not impose physical punishment on, maltreat, or discriminate against them.

Juveniles who are exempted from punishment because they have not reached the age of 14 or the circumstances are especially minor may be subjected to reprimand. The departments or organizations mentioned above that are request for help shall accept the request and take measures to help the juveniles immediately where necessary. The organs or departments that receive the reports shall promptly investigate and deal with the cases according to law. When handling cases involving juvenile delinquency, judicial organs shall guarantee that juveniles exercise their litigation rights and get legal assistance, and enlighten them on the legal system in accordance with the physiological and psychological characteristics of juveniles and the circumstances under which they commit the criminal offenses.

  1. Therefore, imposing of life imprisonment, which is the maximum within the statutory limits of punishment applicable to juveniles, will disobey the principle of lesser punishment and mitigated punishment applicable to juveniles. The stipulation of Article 17, Paragraph 3 of the Criminal Law, does not allow us to directly draw an absolute conclusion as to whether the life imprisonment can be applied to juveniles or not.
  2. One opinion holds that the Criminal Law has stipulated that death penalty shall not be applied to crimes committed by juveniles, even when the circumstances of the crimes are especially severe.
  3. The neighborhood committees in cities and villagers' committees in the countryside shall assist public security organs in successfully maintaining public security around middle and primary schools.

Juvenile students against whom mandatory penal measures are taken may not be struck off the school roll before the verdicts of the People's Courts go into effect.

No cases involving criminal offenses committed by juveniles who have reached the age of 14 but are under the age of 16 shall be heard in public.

Access Check

Generally, no cases involving criminal offenses committed by juveniles who have reached the age of 16 but are under the age of 18 shall be heard in public either. For cases involving criminal offenses committed by juveniles, no names, dwelling places, photos nor materials from which people can tell who the juveniles are may be disclosed in news reports, film and television programs and publications.

  1. Proportional sentencing will help to realize these aims.
  2. The law requires medical institutions to offer pre-marital healthcare service, including health instruction, consultation, and medical examination.
  3. They may not be judicial professionals.
  4. Distributing pornography to minors under age eighteen is punishable by a heavier penalty within the punishments for distributing pornography. Among the three opinions above, the first is predominant.
  5. They may not be judicial professionals.

During the period when juvenile delinquents are serving their sentences, the executing organ shall enforce legal education and conduct vocational and technical training among them. For juvenile delinquents who have not finished compulsory education, the executing organ shall ensure that they continue to receive such education.

Children's Rights: China

The neighborhood committees in cities or villagers' committees in the countryside may engage retired persons or other persons who are exemplary in their ideology and moral character, honest and upright and enthusiastic about educational work among juveniles, to assist them in doing a good job of educating and reform the juveniles mentioned in the preceding paragraph. The persons who are directly in charge and the other persons who are directly responsible shall be fined.

  • Juveniles who have reached the age of receiving compulsory education shall, while receiving the education mentioned above, be educated for prevention of crimes;
  • Thus, they are not required to bear the criminal responsibility that adults would bear;
  • They may not be judicial professionals;
  • When a person is not criminally punished because he has not reached the age of sixteen, the head of his family or guardian is to be ordered to subject him to discipline;
  • Some argue this may overly indulge severe juvenile offenders;
  • After a considerable period of probation such as one or two years , a decision of no conviction can be made for the juvenile delinquents who demonstrate true repentance.

Whoever produces or reproduces publications for juveniles which propagate obscenity or sells, loans or spreads such publications shall be punished for public security in accordance with law; if the violation constitutes a crime, he shall be investigated for criminal responsibility in accordance with law.

If any unit commits any action mentioned in the preceding paragraph, the publications, audio-video products, electronic publications and its illegal gains shall be confiscated, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible shall also be fined.