Experts talk about sin and error minor hierarchical intervention: to change education correction measures to implement a soft situation

Recently, Ying Yong, the prosecutor of the Supreme People’s Procuratorate, mentioned in Ningxia’s investigation in Ningxia that serious crimes such as intentional homicide, intentional injury, and death of people’s deaths were in accordance with the law of approval, and criminal responsibility shall be investigated in accordance with the law.Although this is only a small part of the shoulder investigation process, it immediately attracted widespread attention.


However, Ying Yong’s speech is also worthy of attention.”Significant sin and errors, the rated intervention mechanism, increase education and correction, and work together to resolutely curb the high incidence of crimes of minors.” He said.


my country adheres to the principle of “education -oriented, supplemented by punishment” for minors’ illegal crimes.The graded intervention of the crime errors is to prevent crimes or avoid crimes by adopting minors with bad behaviors and serious bad behaviors to prevent crimes.


At the press conference held on March 1st on March 1st, Miyamoto Miyuki, the vice prosecutor of the Supreme Procuratorate, proposed that the crime and wrong behavior of minors usually have a process of light and gradual evolution.Improper intervention measures, some minors may implement more serious criminal acts.


The director of the Ninth Procuratorate (Procuratorate of the Minor) of the Supreme Prosecution Procuratorate recently pointed out that data on the country showed that the crime of minors showed an upward trend, and the proportion of minors in the low age increased.The non -adult crime error -level intervention measures are not perfect, which is one of the main causes of minors’ crimes.”Before minors perform criminal acts, there are many bad behaviors. Because they have not been intervened and corrected in a timely manner, they have gradually developed into crimes.” Jie Jie said.


From this point of view, the establishment and sound of sin errors and juvenile hierarchical intervention mechanisms have extensive and profound social significance.


Luo Haimin, a professor at the School of Law Law of China University of Political Science and Law and a member of the Junior Judicial Committee of the China Criminal Procedure Law Research Association, believes that my country is not scientific and clear enough for the current crime and wrong behavior of minors, and it is necessary to further improve.”Acts that constitute a crime but do not give criminal punishment because of dissatisfaction with the age of criminal responsibility”, and set more targeted and more effective intervention and correction measures.


“The current intervention and disposal measures for minors and errors include punishment measures and educational correction measures. Educational correction measures and punishment measures lack a sufficient transition and connection.The situation of insufficient connection also makes it easy to appear in practice ‘one penalty to the end’ and ‘one of the polarization. “Luo Haimin pointed out.


In this regard, she proposed that it shouldFocus on improving the coordination and connection of the intervention systemIt is necessary to formulate various intervention measures by formulating the implementation measures and other supporting regulations.Refine with specific procedures, Strengthen the practical operation of the intervention system, increase the implementation of intervention measures, andEstablish a clear specific accountability mechanism.


Professor Luo Haimin, a professor at the School of Litigation Law of China University of Political Science and Law and a member of the Junior Judicial Committee of the China Criminal Procedure Law Research Association.Interviewee confession

The following is an exclusive interview with the reporter of the Beijing News on Luo Haimin:


my country has initially established a crime error -oriented minor class intervention system


Beijing News: When did my country start to clarify the concept of class intervention of minors?What do you think is the need for the implementation of crime and wrong hierarchical intervention?


Luo Haimin:In December 2018, the Supreme People’s Procuratorate incorporated the “Exploring the Establishment of Crime, Family Education, Tiered Division and Protection System” into the “2018-2022 Procuratorate Reform Work Plan”.Hot issues in the field of minors.Article 2 after the revised prevention of the Minor Crime Law in June 2021 stipulates that “adhere to prevention of prevention and intervention in advance, and timely grading prevention, intervention, and correction of bad behaviors and serious bad behaviors of minors.”As a result, the principle of hierarchical intervention on criminal errors is clarified in legislation.


The implementation of graded intervention on the crime and wrong minor is an inevitable requirement for the further improvement and fine development of the minor’s judicial system.Only at the beginning of the underage or illegal acts, they should be graded and targeted with targeted intervention and correction measures.Harmful criminal acts stretched to the bud stage.


Beijing News: At present, what is the current status of criminal intervention construction in my country?Has the system?


Luo Haimin:In 2020, my country has revised two special laws of the Protection Law of the Minor Protection and Preventing Minor Crime Law.Different from the protection of the legal rights and interests of minors to protect the legitimate rights and interests of minors, preventing minor criminal laws as a special legislation that solves the problem of education correction of minors and errors.The intervention system is in the core position.The prevention of minors’ crime law clearly proposes to divide the crime and wrong behavior of minors into three different levels: bad behavior, serious bad behavior and criminal behavior, and set up corresponding intervention measures.Through this hierarchical settings, the “self -harm” behavior that is not conducive to the physical and mental health of minors but does not harm others and society is the starting point of the hierarchical intervention system.Full coverage.


In terms of specific measures and its implementation guarantee, the prevention of the crime law of minors stipulates the intervention methods of crimes and wrong behaviors at all levels, highlighting the importance of special education as a major adverse behavior, and through stipulated family, schools, government, judicial justice,The responsibilities of agencies and social groups in all aspects have established the basic framework for preventing minors’ criminal intervention systems.


In addition, laws such as public security management punishment law, criminal law, criminal procedural law, community correction law, and prison law also include many contents that give special law enforcement judicial offices for sin and errors, and are also an important part of the hierarchical intervention system.Overall, the laws of the current crime and wrong intervention and the laws of the crime and error in my country covers the education, correction, punishment of minor behavior of minors in different ages to serious harm to social behavior. Primary systems that intervene in and hierarchically encounter with different applicable objects, age division and behavioral nature.


However, at present, this decentralized legislative model has made more obvious connection misplace between the hierarchy and intervention measures, and there is still a certain gap with the formation of a coordinated and systematic crime error.


The grading of minors and misunderstandings is not scientific and clear enough, and the definition is still too general


Beijing News: From the perspective of intervention hierarchy, is the current grading of minors and errors sufficiently scientific and clear?Is the definition of bad behaviors and serious bad behaviors specific?


Luo Haimin:my country is currently not scientific and clear about the grading of minors’ wrong behaviors, and it is still necessary to further improve.In particular, the definition of “severe bad behavior” for the prevention of minors’ crime law is still too general and mixed. Among them, it not only covers the fight against law, chasing and intercepting others, and strengthening laws.Criminal responsibility and no criminal punishment.


In fact, there are significant differences in these two types of behaviors in terms of the severity, social harm, and the difficulty of the correction of the minor.The boundaries between the intercourse can not only cause the problem of severity and excessive span in classification of sin and errors, but also make the serious and wrong behavior that does not give criminal penalties due to dissatisfaction with the age of criminal liability without criminal punishment.


Beijing News: Do you think that “a criminal but not being punished for criminal responsibility for criminal liability” should be rated separately?Set separate intervention measures?


Luo Haimin:I agree that it will constitute a crime but not be graded separately because of dissatisfaction with the age of criminal liability.The purpose of this kind of behavior alone is to set up more targeted and more effective intervention and correction measures based on the psychological behavior of this type of minor parties.


At present, the prevention of the criminal law of the prevention of minors has tied such acts with other illegal acts that violate public security management as serious bad behaviors. There are obvious problems with excessive span, which can easily bring contradictions and conflicts to the practice of hierarchical intervention measures.According to the current criminal law, a minor who is less than 12 years old is less than 14 years old, and the crime of intentional homicide and intentional injury will cause serious injuries or severe disability or severe disability. The circumstances are bad.It also belongs to a behavior that does not give criminal punishment due to dissatisfaction with the age of criminal responsibility, and has also been included in the scope of serious bad behaviors.However, minors in such cases even surpassing some minors who have been convicted and punished by some of them in terms of psychological, behavioral frequency, and personal risk.In addition, the same procedure of the “Special Education Guidance Committee’s evaluation and approval, and the education administrative department and the public security organ decide”, which is obviously a basic criterion for the scientific classification of crime and wrong behavior and discipline.


Beijing News: What impact will it bring if there is a problem of imbalance and unscientific definition of classification and behavior?


Luo Haimin:If there are problems with unbalanced and unscientific behavior definitions, it is actually difficult to provide sufficient accurate and targeted education correction measures for minors and errors.It may even have negative effects.


On May 14, 2023, Nanchang, Jiangxi, Mother’s Day, Jiangxi Provincial Minestyle Criminal Disciplinary Institute held a prison opening day and a “hundred mothers enter the prison park” affectionate activity.The picture shows the family members understand the reality of the transformation of the prisoners and have lunch with their children.Figure/IC Photo

Intervention measures have the problem of less types, lack of distinction, and insufficient connection


Beijing News: Recently, the main cause of the highest prosecution was proposed when analyzing the crime of minor crimes that the incomplete crime and class intervention measures of minors are one of the main causes.What are the main current intervention measures?What do you think of “the measures are not perfect”?


Luo Haimin:my country’s current intervention disposal measures for sin and errors include punishment measures such as applicable punishment, giving administrative public security punishment, etc., as well as ordering strict education, guidance, training, ordering special education, receiving special education, and conducting special education and education correction. measure.


Among these measures, punishment measures often reflect their “tolerance” only in the way of adult penalties or administrative penalties to minimum.Sexual and protective functions; educational correction measures also have weak defects in protective function, and at the same time, most of them have problems with insufficient compulsory and not restrained.Connect.


At present, the types of intervention measures at all levels are small, different, and insufficient connection, which also makes it easy to occur in practice.


It is necessary to introduce specific implementation opinions and refine the provisions to better use the efficacy of the mechanism


Beijing News: In addition to the principles of the single line method, do you think it should be promptly introduced to the implementation opinions of the specific minor crime and error hierarchical intervention?The implementation opinions should focus on what are the aspects to better guide practice?


Luo Haimin:The current laws of the current crime and error of minor intervention mechanisms are still in principle and general. Many specific mechanisms are scattered in various types of laws and regulations and policy documents. They not only have poor practical operation, but also lack a sound connection mechanism.From the perspective of better player and error -oriented minor hierarchical intervention mechanism, it is necessary to introduce more specific implementation opinions.


On the one hand, implementation opinions should focus on refining the principles of hierarchical intervention in the crime law of minors, and to make specific detailed regulations on the implementation procedures of the implementation of intervention measures such as correction education, special education and specialized education.For example, the functional settings, personnel composition, evaluation mechanism of the special education guidance committee, the specific measures for the implementation and special education implementation of specialized school construction and specialized education, and so on.On the other hand, we should focus on clarifying the connection mechanism between different measures and different functional departments.For example, the connection mechanism between the criminal diversion system and the special education should be refined, and the crime and error of being convicted during the trial phase of the prosecution and being convicted during the trial stage are not prosecuted.After receiving the specific connection path of education and correction measures, the effective integration of the graded intervention mechanism and the criminal judicial system of the crime error and the criminal error.In addition, the implementation opinions also need to make necessary regulations on the supporting measures of hierarchical intervention, such as supervision measures for home monitoring, and support measures to introduce social forces.


Beijing News: Many public believes that no punishment is accepted after the crime of minors. Even if the education of correction is equivalent to “one of them”, does this mean that the system’s effectiveness of the rated intervention of minors is not fully exerted?


Luo Haimin:The public often has excessive expectations for punishment, and lacks enough understanding and trust in non -punitive education measures.Of course, this also reflects to a certain extent that the efficiency of the institutional effectiveness of the rated intervention of minors in my country, especially the effectiveness of early prevention and early intervention in the early stage, has not been fully exerted. No full recognition and recognition at the social level.


On February 2, 2023, on the occasion of the Lantern Festival, the Prison Open Day and New Year’s Family Teaching Campaign held by the Chengdu Under -adult Criminal Disciplinary Institute in Sichuan Province.The picture shows the event site.Anyuan Photo/IC Photo

It should be established a clear specific accountability mechanism to force the hierarchical intervention work to better implement


Beijing News: What do you think is that the restriction of the hierarchical intervention system plays a role. In addition to the system design level, is there any problem with the implementation level?Is it necessary to establish a liability mechanism for the lack of work due to the inadequate work of the relevant staff, which eventually leads to tragedy?


Luo Haimin:“The law of apprentices is not enough.”To truly play a certain role in crime errors, not only requires scientific system design, complete institutional content, but also strict implementation of the implementation level.


In fact, the legislative level has provided a basic basis for the hierarchical intervention of minors and errors.For example, in terms of discovery reports of bad behaviors, some units and personnel are not aware of the rule of law and lack the sense of responsibility of implementing the obligations of compulsory reporting.Minors miss the best time to correct education.


At the same time, no matter what level of intervention measures are used for sin and errors, the connection and collaboration between different institutions, departments and personnel will be involved.With less coordination and linkage, it is often difficult to form an effective collaboration and cooperation situation when the lack of clear operation processes and execution standards.While strengthening standardization and institutionalization, strict implementation of relevant legal responsibilities shall be strictly implemented.If the problem is seriously caused by the inadequate work of relevant staff, and eventually leads to tragedy, a clear and specific accounting mechanism shall be established.


Beijing News: The ultimate goal of intervention is to prevent crimes or avoid re -offenders. In terms of long -term tracking after the intervention effect assessment and intervention, do you think the design and execution are in place?


Luo Haimin:Indeed, the long -term tracking of intervention effect assessment and intervention measures is also very important.In early 2023, the national standards of the Supreme People’s Procuratorate and the Central Committee of the Communist Youth League and the Central Committee of the Communist Youth League, etc., proposed specific standards for the “service quality evaluation and continuous improvement” of minors ‘judicial social workers’ work “service quality evaluation and continuous improvement”, which reflects the reflectionPay attention to the issue of effect.


However, the current legislation is still blank in the evaluation of the effects of minors’ hierarchical intervention system and long -term tracking.From the perspective of practical perspective, specialized schools in various places have several explores of evaluation mechanisms and evaluation methods in specific implementation, but they have not yet formed a mature and unified approach.In this regard, there are still many tasks that need to be advanced.


Should deepen the understanding of the laws and misunderstanding of minors


Beijing News: What specific suggestions do you have?


Luo Haimin:First, we should deepen the understanding of the laws and disposal of minors.There are no long time for judicial development of minors in my country, and there are still many unsolved problems in the understanding of the internal disposal of minors and wrong behaviors. Whether adults should implement the concept of protecting the protection, administrative disposal or judicial disposal is more in line with the requirements of “maximization of children’s interests”, and so on.The exploration of these basic issues clearly is the prerequisite for the further improvement of the hierarchical intervention system in my country.


Second, the coordination and connectivity of the intervention system should be improved.On the one hand, we should further refine crime and wrong behavior and intervention measures.For a single -level behavior that has violated punishment but not criminal punishment because it does not reach the age of criminal liability, it will make clearer boundary scores with other serious bad behaviors in dealing with other serious bad behaviors.Increase the mandatoryness of educational measures, and add punishment measures such as protection sanctions. Through richer, diverse, and heavy, there are other intervention measures to achieve the goal of improving system coordination and connectivity.On the other hand, the necessary classification can be made.It can combine the setting standards for the establishment of the minor people’s ability and criminal responsibility in my country to exclude the possibility of applying forced compulsory intervention measures under 8 years of age, and to intervene in the family environment in principle under 12 years of age, thereby a better way Limited and coordinated the application of various measures.


Third, the practical operation of the intervention system should be strengthened.It is necessary to refine the specific procedures for applying various intervention measures by formulating supporting provisions such as implementation measures.For example, for the application of two important intervention measures for special education and special correction education, it should be further clarified to further clarify the specific procedures and periods of their personal freedom of minor freedom, and determine the specifics of public security organs, judicial administrative agencies and education administrative departments.The division of labor and connection process, clear the work responsibilities and operating methods of the special education guidance committee, especially the specific working methods of case evaluation.At the same time, the specific operating mechanism of other social forces participating in the crime and wrong behavior intervention of minors should also be clarified through legislative methods.


Fourth, the implementation of intervention measures at all levels should be strengthened.Compared to the final punishment measures, the actual implementation of the correction education of bad behaviors and serious bad behaviors, special education and specialized education, is the key to the implementation of the implementation of the hierarchical intervention system.On the basis of neglecting the consequences of responsibility, further strengthen supervision and sanctions, and change the implementation of educational correction measures that are too soft and lack of compulsory.


Beijing News reporter’s ocean