Teachers and students: Hello everyone!
Today, I am very happy to attend the lecture on legal education in our school. It is necessary and timely to hold this lecture on legal education. The purpose of this lecture is to let students know more about the law, enhance their awareness of the legal system and be good teenagers who abide by the law. Today, I will focus on four issues:
First, why do minors have to learn legal knowledge?
Second, the overview and difference between "illegal" and "crime".
Third, the causes of juvenile delinquency.
Fourth, how can minors strengthen their awareness of self-prevention.
First, why should minors learn legal knowledge?
In recent years, juvenile delinquency has become increasingly prominent. Juvenile delinquency not only increases sharply in the number of cases, but also the proportion of criminal members in the total number of crimes, and the age of crime is relatively early. Judging from the actual situation in our district, most of the juvenile cases we handle are theft, robbery, fighting and other cases, and most of the perpetrators say that they have no idea that their actions are criminal. Therefore, minors must strengthen the study of legal knowledge, let them know what is illegal and what constitutes illegal and criminal acts (that is, let them know what they can and cannot do), and at the same time know how to take up legal weapons to safeguard their legitimate rights and interests.
Second, the "illegal" and "crime" overview and differences
The words "illegal" and "criminal" are certainly not unfamiliar to students, but the relationship and difference between them may not be well understood by students. According to our investigation and analysis, a very important reason for juvenile delinquency at present is that minors don't understand the law. What is illegal? What we usually say about juvenile delinquency mainly refers to the serious bad behavior that seriously endangers society and is not enough for criminal punishment as stipulated in Article 34 of the Law of People's Republic of China (PRC) on the Prevention of Juvenile Delinquency, namely: gathering people to make trouble and disturbing public order; Carry controlled knives and refuse to change after repeated instruction; Repeatedly intercepting and beating others or forcibly demanding other people's property; Spreading obscene reading materials or audio-visual products; Engage in promiscuity or pornographic prostitution; Multiple thefts; Participate in gambling and refuse to change after repeated education; Taking or injecting drugs; Other acts that seriously endanger society. Among the acts listed above, it is illegal to carry a controlled knife and refuse to change it after repeated instruction, but it is also illegal; There are also many illegal acts of intercepting and beating others or forcibly demanding other people's property, which often occur in schools. As far as we know, it is illegal for some senior students to force money from junior students. Students should not be afraid, but dare to expose and crack down on these illegal acts. So what should be done with minors who have committed the above-mentioned illegal acts? On the one hand, minors with minor violations of the law are generally coordinated by their parents or guardians and the school to take measures to strictly discipline them. Minors who commit the above-mentioned illegal acts constitute violations of public security administration shall be punished by public security organs according to law. The types of punishment include warning, fine and administrative detention. According to Article 12 of the Law of People's Republic of China (PRC) on Public Security Administration Punishment, if a person who has reached the age of 14 and is under the age of 18 violates public security administration, he shall be given a lighter or mitigated punishment; People below 14 who violate the administration of public security will not be punished, but their guardians will be ordered to strictly discipline them.
What is a crime? Article 13 of China's Criminal Law stipulates that all acts endangering national sovereignty, territorial integrity, splitting the country, subverting the people's democratic dictatorship and overthrowing the socialist system, disrupting social and economic order, infringing on state-owned property or property collectively owned by working people, infringing on citizens' personal rights, democratic rights and other rights, and other acts endangering society are crimes, but the circumstances are minor and the harm is not great. Crime has three basic characteristics:
(1) Crime is an act that endangers society, that is, the harmfulness of crime to society.
(2) A crime is a violation of criminal law, that is, a crime has criminal illegality.
(3) Crime is an act that should be punished by penalty, that is, it should be punished by penalty. It is worth noting that article 17 1 of the Criminal Law stipulates: "A person who has reached the age of 16 shall bear criminal responsibility for committing a crime, that is to say, any person who has reached the age of 16 shall bear criminal responsibility for committing any criminal act stipulated in the Criminal Law. This provision is based on the actual situation in China. In China, people who have reached the age of 16 should bear the criminal responsibility of physical strength and intelligence. Paragraph 2 of Article 17 of the Criminal Law also stipulates: "A person who has reached the age of 14 and is under the age of 16 shall bear criminal responsibility if he commits the crime of intentional injury and causes serious injury, death, rape, robbery, drug trafficking, arson, explosion and poisoning. "This regulation fully considers their intellectual development. People who are over 14 years old but under 16 years old generally have de facto recognition ability. However, because they are still young, mentally underdeveloped and lack social knowledge, they do not have the ability to fully identify and control their own behavior. Therefore, their criminal responsibility should be limited to their criminal responsibility ability, and they cannot be required to bear criminal responsibility for all crimes. Here, I will give you a case: Last year, a case happened in Wuqiao Village. Five students from a school for children of migrant workers agreed to play in the fields. When it rained, they went to a factory to take shelter from the rain. When they saw the idle motor in this factory, they went home to get pliers, knives, wrenches and other tools, smashed the motor and sold the copper wire inside, which was later seized by the public security organs. In this case, three suspects are just over 15 years old but under 16 years old, and the other two students are only nine years old. The students said, did their behavior constitute a crime? Obviously, the actions of the five of them have constituted theft, and according to the criminal law, they should be criminally detained or even sentenced. However, because they are under 16 years old, they can only be supervised by their parents, but they always leave criminal records on their life path. If they want to rely on the university, join the army or work in the company in the future, they will be greatly restricted. At the same time, their parents will compensate others for their losses. Student: What is the harm caused by illegal crime? Let's not talk about the harm that crime brings to the victims. Their parents have worked hard for half their lives to bring up adults. Why? This is a dream come true. That's great. This dragonfly has gone to prison. Their hearts are bleeding. The most important thing is to hurt yourself. Their ideal future, personal dignity and free life are gone. When they lose their freedom, they know the value of freedom, the beauty of life and the value of life. Facing the guards behind bars, they think of late remorse and deep remorse.
I know that some students are actually very smart, but they don't have to study, but they use them as pranks. They like to be brave and beat others. For example, when others were walking, he suddenly put out a foot and tripped them. Some students like to fight and hurt other students; Some students don't care about public property, and deliberately destroy items in public places; Some students bully the small, have no money to buy things to eat, and force the weak students who have no money to enter the game room. If the circumstances are serious, you will be punished by law, which means you may play with yourself in your cell because you are brave. So here I want to tell my classmates that we must listen to teachers and parents and abide by the law. Students should never go to places like game rooms, Internet cafes and dance halls, because they are easily exposed to some unhealthy things. From our case-handling practice, we found many such cases: some students who usually perform well went astray because they met some irresponsible people in game halls, internet cafes and dance halls, and finally went to crime. Our town just sentenced a case a few days ago. One of the two main suspects was sentenced to life imprisonment and the other was sentenced to 12 years. In fact, they can't swallow this tone because of a little contradiction in their lives, so they must stand up. As a result, I ended my opposite life with one knife and ruined my life. The suspect sentenced to life is about 20 years old, not much older than his classmates.
Third, the causes of juvenile delinquency
1. Strong sense of self-centeredness and poor sense of social responsibility. Most juvenile delinquents used to be "little emperors" at home and lived in a family environment of "people all around" for a long time. Parents are in a subordinate position and try their best to meet their various wishes and demands. As a result, they gradually formed a self-centered consciousness, doing whatever they want, being very willful, selfish, greedy and overbearing. They only pay attention to their own enjoyment. They just want to eat well, dress well, use well and play well, but they don't care about the interests of others or society, let alone what social responsibilities they have to do for the society, what help the poor and help the needy, and be brave. Love has nothing to do with this. Such people advocate money, pursue their own interests, pursue high consumption, strive for strength and lack enterprising spirit, and even do whatever it takes to achieve their goals.
2. Strong sense of independence and poor ability to bear setbacks. Teenagers are always surrounded, protected and held by others. They want to be independent, do things by themselves, and dominate the world by themselves, but they have never tasted adversity and don't know the hardships of the world. In daily life, they can't control their bad behavior habits, or even cope with some minor setbacks, and their psychological endurance is very fragile. When they encounter setbacks, they often show excessive disappointment, anxiety, depression and even depression, giving up on themselves, unable to objectively analyze their own reasons and objective conditions, so that the negative impact of setbacks is very obvious to them. Under the temptation of bad stimulation or the instigation of criminals in society, they breed crimes and embark on the road of crime.
3. Rich feelings and poor self-control. Nowadays, most teenagers are only children and have no brothers or sisters. Under the excessive care and strict supervision of their parents, they study hard day after day and year after year. They are eager for friends, communication, understanding and contact with society. However, due to their lack of ability to distinguish right from wrong, poor self-control, emotional impulsiveness, daring to love and hate, daring to do and dare to do, they often do some "love-hate" things in their daily lives. Influenced by them, their outlook on life and values have deviated. They pay attention to eating, drinking and having fun. They only pay attention to their own needs and seldom consider the feelings of others and the interests of society. When they can't get respect from others and their needs can't be met, they oppose each other, hate each other, fight, even retaliate, hurt and intentionally kill.
4. Strong imitation ability and poor ability to distinguish right from wrong. Most minor only children have a strong sense of self, and they have a thirst for knowledge to explore the unknown, learn new things and imitate others' behavior in social communication. But because they are young, they lack the ability to distinguish between right and wrong, treat the bad as good and the decadent as magic. Take fighting as courage, drinking as generosity, doing bad things together as loyalty, profligacy as chic, and drug abuse as exploration. These people are easily dragged down by people with ulterior motives in society and thus embark on the road of crime.
5. Love leisure and hate work are outstanding, and the spirit of hard work and hard work is poor. Most teenagers grow up in a superior family environment, and many parents spoil and indulge their children too much, giving them as much money as possible for them to squander. They don't know the hardships of their parents, the difficulty of making money, the frugality and the difficulty of starting a business. It has developed the bad qualities of enjoying success, laziness, selfishness, cruelty, surliness, rudeness, grumpiness, contempt and hatred of labor. With the growth of age, their desire for material enjoyment continues to expand. When the economic resources they rely on can't meet their insatiable needs, they will take risks, use illegal and criminal acts to maintain the habit of relaxing and hating work, and embark on the road of illegal and criminal activities.
Fourth, how can minors strengthen their self-prevention against crime?
According to Article 40 of the Law on the Prevention of Juvenile Delinquency, the self-prevention consciousness of juvenile delinquency mainly includes two aspects: on the one hand, it means that minors consciously resist the temptation and infringement of various bad behaviors and illegal and criminal behaviors by strengthening their own cultural literacy and legal knowledge; On the other hand, it means that minors should protect their legitimate rights and interests through legal channels in time after being infringed by crimes. Specifically, it mainly includes four aspects:
(1) Minors shall abide by national laws and regulations and social public norms.
Practice has proved that once minors have developed various bad habits, it is not easy to correct them, and more efforts are needed. Therefore, minors should abide by national laws and regulations and social public norms everywhere in their daily life and study, respect social morality, form good habits from an early age, strengthen self-cultivation, self-adjustment and self-improvement, and consciously resist the temptation of illegal and criminal acts.
(two) to establish a sense of self-esteem, self-reliance and self-improvement.
Self-esteem, self-discipline and self-improvement are a positive attitude towards life, and also a way for minors to defend themselves and win social protection. If minors indulge themselves, no matter how much help the outside world can give, it will be useless.
(3) Enhance the ability of distinguishing right from wrong and self-protection.
Only by learning knowledge well, enriching social life experience and exercising various abilities can minors have a clear understanding of illegal and criminal acts. Only in this way can we distinguish right from wrong. Minors should strengthen physical exercise and strengthen their physique, which will help minors escape or defend themselves in time when they are subjected to violence and will not be wantonly violated by criminal acts.
(four) to strengthen the awareness of minors to protect their legitimate rights and interests according to law.
In addition to the above, underage children must also know what measures should be taken to crack down on illegal and criminal acts. According to practical experience, we suggest that students should remember two things when they are infringed by illegal and criminal acts:
First, students should take avoiding being infringed by illegal and criminal acts as their primary task, and do not encourage you to fight face-to-face with criminals. It is wise not to panic when something happens, and then try to get rid of it or ask adults around you for help, or call the police "1 10".
Second, if students find that they are being or have been illegally violated, they should take the right way to solve it. If you report to classmates, parents or other guardians in time, parents, teachers or schools will come forward to stop illegal infringement, or they can report to public security organs or government departments. Don't be afraid of retaliation after reporting their illegal behavior. The more timid you are, the bolder they are. At the same time, when you start playing with your partner and find that he has criminal intentions, you should stop him. If you can't stop him, you should try to stay away from him as soon as possible. Never follow your partner for friendship's sake, because once you follow, even if you don't do it, you can't get rid of it. Because the victim, regardless of your specific behavior, only said how many people committed crimes, and you people who went helped Wei even if you didn't do it. Therefore, if our classmates encounter such a situation in the future, they must keep a clear head and have a sense of self-protection to avoid getting into trouble. In short, students should not be afraid of illegal infringement. They must be calm, witty and brave, dare to report and expose, and actively fight against illegal and criminal acts. We must firmly believe that evil can't be suppressed, and the hearts that do bad things are always empty, and they should be afraid.
Students, today you are students at school, and tomorrow you will be the pillars of the motherland's construction. As a student, you are lucky to have such a beautiful school, such a high-quality teacher and such a good education quality. You should cherish time and work hard. The motherland needs you, tomorrow is yours!
Thank you all