People's Republic of China (PRC) Law on the Protection of Minors, People's Republic of China (PRC) Law on the Prevention of Juvenile Delinquency and People's Republic of China (PRC) Law on Compulsory Education.
1. The Law of People's Republic of China (PRC) on the Protection of Minors clearly stipulates that the state guarantees that the person, property and other lawful rights and interests of minors are not infringed. Our government has always attached importance to protecting the physical and mental health of minors, promoting their all-round development in moral, intellectual and physical aspects, and striving to protect their legitimate rights and interests.
2. In order to protect the physical and mental health of minors, cultivate their good conduct and effectively prevent juvenile delinquency, the Law of People's Republic of China (PRC) on the Prevention of Juvenile Delinquency was formulated.
3. The Compulsory Education Law of People's Republic of China (PRC) is the basic law for the country to implement nine-year compulsory education. The education that all school-age children and adolescents must receive under the unified implementation of the state is a public welfare undertaking that the state must guarantee.
Second, measures to improve juvenile delinquency in China:
1. Establish an independent juvenile criminal law. At present, there is no independent juvenile criminal law in China. Considering the particularity of minors, although there are provisions on juvenile delinquency in the law, the law based on adult delinquency is not applicable to minors after all, and special juvenile laws should be formulated.
The law should clearly stipulate the age, responsibility and punishment standard of juvenile delinquency; Increase the independent crime of juvenile delinquency, clarify the principle of lenient punishment, appropriately reduce the punishment, relax the conditions of commutation and parole, and learn from foreign education-oriented concepts to protect juvenile delinquency.
2. Improve the appropriate adult presence system. We should make clear the mandatory and necessary of the proper adult presence system, and change "can be notified" into "should be notified" to avoid the situation that juvenile criminal suspects are not present. If the legal guardian of a juvenile criminal suspect cannot be present, he shall notify other suitable adults.
Change the concept of case handlers, make them aware of the importance of this system, and ensure that the rights of minors are guaranteed. Set the conditions for the presence of adults. Although some adults are on the scene according to the notice, they don't know their responsibilities and purposes, lack legal knowledge and can't help juvenile criminal suspects.
3. Make specific provisions on juvenile trial methods. According to the actual situation in our country, it is difficult to set up a special juvenile court in a short time, and relevant regulations can be made for juvenile suspects during the trial.
Legal basis:
Law of People's Republic of China (PRC) on the Protection of Minors
Article 1 This Law is formulated in accordance with the Constitution in order to protect the physical and mental health of minors, safeguard their legitimate rights and interests, promote their all-round development in morality, intelligence, physique, beauty and labor, train socialist builders and successors with ideals, morality, culture and discipline, and train new people of the times for national rejuvenation.
Article 3 The state guarantees minors' rights to subsistence, development, protection and participation.
Minors enjoy all rights equally according to law, and are not discriminated against because of nationality, race, sex, household registration, occupation, religious belief, education level, family status and physical and mental health.
People's Republic of China (PRC) Law on the Prevention of Juvenile Delinquency
Article 1 This Law is formulated in order to protect the physical and mental health of minors, cultivate their good conduct and effectively prevent juvenile delinquency.
Article 2 To prevent juvenile delinquency, we should adhere to the combination of education and protection, give priority to prevention and early intervention, and timely prevent, intervene and correct juvenile bad behaviors and serious bad behaviors at different levels.
Article 3 The prevention of juvenile delinquency shall respect the personal dignity of minors and protect their legitimate rights and interests such as reputation, privacy and personal information.
compulsory education law of the people's republic of china
Article 1 In order to guarantee the right of school-age children and adolescents to receive compulsory education, ensure the implementation of compulsory education and improve the quality of the whole nation, this Law is formulated in accordance with the Constitution and the Education Law.
Article 2 The State implements a nine-year compulsory education system.
Compulsory education is a compulsory education for all school-age children and adolescents and a public welfare undertaking that the state must guarantee.
The implementation of compulsory education, free of tuition and fees.
The state establishes a mechanism to guarantee the funds for compulsory education to ensure the implementation of the compulsory education system.