Enlightenment from the analysis of middle school students' criminal cases One night, four students from a middle school in a county, after eating and drinking at the same table at school, broke into the male dormitory of a middle school in the suburbs at night. Three of them blocked the road, and one shouted to the students, "Brothers, hand over your money and goods quickly. Whoever stubbornly resists escape will be killed. " He grabbed 1 student, knocked him to the ground, took out a dagger and pointed it at his neck. The other students present were so scared that they didn't know what to do, so they had to take out the money. That night, they took this compulsory measure. A total of more than 480 yuan was collected. Because the victim reported the case in time, he was arrested 40 minutes later. In this case, the actor "objectively showed that he used violence, coercion or other methods to force the custodian, owner and guardian of the property to spend the property; In terms of methods, violence is openly "attacking or coercing the victim's body, such as binding, beating, confinement, injury, etc." , seriously threatening the life and health of others; Subjectively, it is for the purpose of illegal possession, deliberately using violent means to rob money. Therefore, the actions of the four students have violated the criminal law. China's criminal law also clearly stipulates the age of criminal responsibility: "(1) A person who has reached the age of 16 at the time of committing a crime is considered as the period of full criminal responsibility. Because their intelligence has the ability to distinguish right from wrong, good and evil as they grow older, they should be required to bear criminal responsibility for all their criminal acts. (2) A person who has reached the age of 65,438+04 and is under the age of 65,438+06 at the time of committing a crime is in a period of relative criminal responsibility, and only bears criminal responsibility for several crimes with great social harm, such as murder, serious injury, robbery, arson, habitual theft or other serious sabotage crimes. Although people of this age have certain recognition ability, they are still young, lack social knowledge, and do not have the ability to fully recognize and control themselves for many criminal acts. Therefore, it is appropriate to control their criminal responsibility within several major crimes. " Four students were 3 16 years old, 1 person 15 years old when they committed the crime. They should be investigated for legal responsibility according to the age of criminal responsibility. They deserve it. Middle school students are the future of the motherland. As educators, we should strengthen their legal education, nip middle school students' crimes in the bud, and train every student to be a good citizen who abides by the law. The enlightenment of this case is: first, as a class teacher, you can't just discipline and not guide. The above example is a good lesson. It is necessary to educate students to abide by the law in peacetime and carry out more activities according to this theme, so that students can develop morally, intellectually, physically, aesthetically and laboriously. Second, the school should organize young students to learn the usage of law in a planned way, so that students can understand what is prohibited by law, what is required by law and what is encouraged to do. By learning the usage of law, we can improve our legal consciousness and concept. Third, the political and educational department of the school should organize students to carry out various forms of legal education activities. For example, lectures on the legal system, organizing and guiding the watching of legal movies and TV series, and organizing students to participate in public trials. Let students intuitively realize the sanctity and majesty of the law. Fourth, the faculty and staff of the whole school should take the education of students' behavior norms as their common task, and don't mistakenly think that standardized education is the business of the Political Affairs Office, the class teacher and the political teacher, and has nothing to do with themselves. Students should be strictly prohibited from smoking, drinking, falling in love, fighting and other bad behaviors. Starting from daily behavior and starting from small things, we can control the generation of bad tendencies and avoid the occurrence of violations of law and discipline. Case Analysis of Middle School Students' Crime Zhu of Luyuan Middle School did not embark on the road of crime overnight. As the saying goes, the embankment of a thousand miles collapses in the ant nest. If you develop all kinds of bad habits from childhood, it will be difficult to correct them later. If you don't pay attention to learning scientific and cultural knowledge, defining your words and deeds, and observing various rules and regulations, you will eventually make a big mistake. The following are some real cases: one is a poisoning case of a middle school student aged 14 in 2002. This happened on an afternoon in April 2002. The student took a bite of the ice pack he bought and didn't eat it. Then he poured some rat poison into it and put it on a nearby classmate's desk. The next day, the classmate sitting at the desk drank a poisonous ice pack and died soon. After the case was detected, the middle school student who poisoned him regretted it. He said he didn't want to kill anyone, just wanted to give his classmates diarrhea. But the serious consequences have been caused, and students' regret can't replace the legal punishment. According to the criminal law, anyone who causes serious injury or death by poisoning shall be sentenced to fixed-term imprisonment of not less than 10, life imprisonment or death. Later, that classmate was sentenced to 10 years in prison. This is also a case in 2002. Defendant Liu Nian is only 15 years old. He is a student in a middle school. He accidentally went to the Internet cafe to play for a while and found it very interesting. He often went to Internet cafes to play, and later became addicted to playing Internet cafes and video games. But his parents won't pay. What should I do? He thought of asking his classmates for money. One day, when he was playing in the playground of middle school, he saw his classmates. And threatened to say that you had a fight with others before, and the person who was beaten asked me to get the medical expenses. I know many people in society. If I don't give you the money, I'll have someone kill you. Fang was afraid and gave Liu the only five yuan. Later, Liu asked Fang for it three times, totaling more than 60 yuan. The last time, the defendant Liu forced Fang to take 50 yuan, but Fang refused, and Liu took Fang to a remote place. And asked Fang to hand over the money to Liu at noon the next day. In this case, Fang told his father about it. Fang's father immediately reported the case to the public security organ and cooperated with the public security personnel to arrest the defendant Liu. Liu said in court: "I thought it was fun to rob my classmates." I didn't know there would be such serious consequences. " Liu was sentenced to two years and six months in prison. Then there was a case that happened in the summer of 200 1: Du was fourteen years old and had been doing well. During the summer vacation, when he was playing with his classmates, he met a group of people who were mixed up in society like Li. He saw that Li was two years older than himself, but much more handsome than himself: Li was generous and often took Du to Internet cafes, game halls and other places to play. He envies Li, so he plays with Li every day. Li said to Du, "We don't have money to play now, so we must make money if we want to play." As soon as they agreed to rob a classmate who thought he was rich, Du took Li and others, robbed the classmate's home while his parents were at work and the classmate was alone at home, and at the same time seriously injured the classmate. The public security organs quickly solved the case and arrested Li, Du and others. On September 1 day, Du Mou sat in his cell, regretting. He cried bitterly. "Today is the day of school. How I want to go to school with my schoolbag on my back. I just thought it was fun. I didn't expect my behavior to be illegal. I regret it. " But the law is ruthless, and whoever breaks the law will be punished. Analysis of middle school students' criminal cases Source: Administrator time: 2009-12-117: 40: 35 Visits: 2,372 times.

Case 1:

One night, four students from a middle school in a county broke into the male dormitory of a middle school in the suburbs at night, took out daggers, threatened and beat the dormitory students and robbed more than 200 yuan. Because the victim students reported the case in time, they were arrested at the same time after returning home for 40 minutes.

Case analysis: in this case, the actor "objectively shows that he uses violence, coercion or other methods to force the custodian, owner and guardian of the property to hand over the property"; In terms of methods, violence is openly "attacking or coercing the victim's body, such as binding, beating, confinement, injury, etc." , seriously threatening the life and health of others; Subjectively, for the purpose of illegal possession, they deliberately used violent means to rob money, so the behavior of four students has violated the criminal law. China's criminal law also clearly stipulates the age of criminal responsibility: "(1) A person who has reached the age of 16 at the time of committing a crime is considered as the period of full criminal responsibility. Because their intelligence has the ability to distinguish right from wrong, good and evil as they grow older, they should be required to bear criminal responsibility for all their criminal acts. (2) A person who has reached the age of 14 and is under the age of 16 at the time of committing a crime is in a period of relative criminal responsibility, and bears criminal responsibility for crimes that endanger society, such as intentional homicide, intentional injury, rape, robbery, drug trafficking, arson, blasting and poisoning. Three of the four students were 16 years old when they committed the crime, and 1 person was 15 years old, so they should be investigated for legal responsibility according to the age of criminal responsibility.

Case 2:

Liu, a middle school student of grade 16, is a sophomore in a middle school. His family conditions are very good. Liu was spoiled from childhood and didn't make progress at school. He went to Internet cafes almost every day and got into the bad habit of gambling. After a long time, his parents learned about his bad habits and strictly controlled his financial resources. One day, while his parents were away, he stole 5000 yuan in cash from home. More than a month later, Liu's parents found that 5000 yuan in cash was stolen. They soon suspected him, so they asked their son if he had taken money from home. At this time, 5000 yuan was almost squandered by him. Liu was afraid that his parents would blame him and repeatedly said that he didn't take it. His father reported the case to the public security organ. After careful investigation, the public security organs locked Liu. In the face of a large number of facts, Liu had to admit that he stole the money, so the public security organs criminally detained him and later arrested him. After parents knew that the thief was their son, they thought that it was not a crime for his son to steal money from his parents and did not want to be held accountable. They asked the public security organs to release Liu, but the public security organs thought that Liu had been suspected of committing a crime, so they did not allow Liu's parents' request.

Case analysis: stealing the property of parents or close relatives has its particularity in whether it constitutes a crime and punishment. The law stipulates: "Whoever steals the property of his own family or close relatives is generally not treated as a crime; If criminal responsibility needs to be investigated, punishment should also be different from committing crimes in society. " Liu stole his own money as much as 5,000 yuan, a large amount, and refused to admit it when questioned by his parents, and used the stolen money for gambling and extravagance. Combined with these circumstances, Liu should belong to the situation of "it is really necessary to investigate criminal responsibility". The judicial authorities criminally detained Liu on suspicion of theft, which fully complied with relevant laws and regulations. However, the property stolen by Liu belongs to his own family after all, and its social harm is obviously less than committing crimes in society. In addition, he is a minor, so when the court convicts him, he will generally be given a greatly reduced punishment.

Case 3:

One night in July 2002, three students from a middle school sneaked into the school and went straight to a classroom without the guard's attention. One student kicked a few feet at the door of the classroom, and then two other students kicked it and broke a piece of the classroom door. The three of them took this opportunity to enter the classroom, began to destroy other things, and then walked away.

Case study: Article 72 of the Education Law of the People's Republic of China stipulates: "Those who gather people to fight, stir up trouble, disrupt the education and teaching order of schools and other educational institutions, or destroy school buildings, venues and other property shall be punished by public security organs; If it constitutes a crime, criminal responsibility shall be investigated according to law. " The public security organ shall, in accordance with the relevant provisions of the regulations on administrative penalties for public security, punish three students for damaging school buildings and other property.

Case 4:

Li (male, 19 years old), Wang (male, 19 years old) and Xu (male, 15 years old) conspired to kidnap Liu and Zhang, middle school students in a township, and extorted cash from their families. At 6 o'clock on the evening of May 8, 2005, the suspects Li and Wang arrived at the third spillway at the east end of a township bridge ahead of time with two weapons, three ropes, an iron bar and a roll of tape prepared in advance. Another suspect Xu took Liu (male, 16 years old) and Zhang (male, 6544) to play computer games in Hexi. Xu pretended to go to the dock to get the money hidden there in advance and tricked the victim into the third dock at the east end of the West Bridge. At this time, Li and Wang, who were hiding in the dock, held two victims hostage with a circlip knife. Li slammed Liu's head with an iron bar and counted the number of people. After Liu fell to the ground, Wang and Xu strangled Liu with a rope prepared in advance. About a minute later, seeing Liu motionless, he knocked down the victim Zhang by the same means, thinking that the two victims were dead. The suspect called Zhang's house for money the next day, asking for 50 thousand yuan.

Case analysis: Li, Wang and Xu premeditated to commit the crime of kidnapping, but in the process of committing the crime, they not only committed the crime of kidnapping, but also committed the crime of intentional homicide. According to the criminal law of our country, whoever kidnaps or kills the kidnapped person shall be punished as kidnapping. This kind of kidnapping crime essentially contains two specific acts: one is kidnapping and the other is killing the kidnapped person. These two situations can constitute independent charges in China's criminal law, namely, the crime of kidnapping and intentional homicide in general. In this case, Li and Wang have reached legal age and should bear full criminal responsibility. Xu was under the age of 16 at the time of the crime. According to article 17 of the Criminal Law, he should not be investigated for criminal responsibility for kidnapping, but for intentional homicide.

As the saying goes, "Rome was not built in a day". Juvenile delinquency is not an overnight event, but an accumulation and gradual process from quantitative change to qualitative change. Let each of our classmates respect themselves, obey the rules and discipline, and be a good student with excellent academic performance.

Office of Legal Safety (Xuan 091204) June 5438, 2009+February