Release date: August 8, 2009 at 08:20.
On the Mid-Autumn Festival, the judge sent two Mid-Autumn Festival moon cakes and a special "letter of encouragement" to each of the 1000 children in the reformatory. Photo by Yang Guangdong
The Intermediate People's Court of Taiyuan City, Shanxi Province has great judicial protection for minors, with many means and a wide range. "Judicial protection into the campus" focuses on prevention, and the lecture "The judge's mother" builds a base for education, probation and salvation with emotional people.
"Corrective trial", as an innovative topic in the trial mode and punishment mode of Taiyuan Intermediate People's Court, embodies the trial concept of combining leniency with severity and combining emotion with law from the setting of "U" trial platform to the introduction of psychological intervention mechanism in the trial, from the warm message in the judgment to the real concern of the "resident judge". Practice has proved that this kind of corrective trial is a good repair to the distorted psychology and behavior of juvenile defendants, which reduces their subjective motivation to commit crimes again and adds vitality and hope to their future lives.
10 10/2, Taiyuan Intermediate People's Court of Shanxi Province tried two cases in the Grand Court, and 400 "special listeners" came to attend. On the morning of the same day, there were 186 junior two students in Taiyuan No.19 Middle School, who attended a criminal case of intentional injury and death. What was heard that afternoon was a civil case about personal injury compensation. More than 200 teachers and students from Grade One of Taiyuan No.21 Middle School attended the audit. Since March 2, 19, the activities of "Taiyuan judicial protection" have been carried out, and the judges of this hospital have "presented their opinions" to the teachers and students through trial.
Prevention first: help the young tree before it bends.
On March 12, Taiyuan Intermediate People's Court and Taiyuan Education Bureau jointly launched the activity of "Judicial Protection on Campus". The main contents of this activity include: conscientiously implementing the provisions of the Law on the Protection of Minors on strengthening judicial protection through various forms; Organize a group of judges with high service awareness and strong professional ability to form a volunteer team to provide voluntary publicity services for the school. At the press conference of the launching ceremony, Feng Shaoyong, president of the hospital, said: "Judicial protection into the campus is the source project of preventing juvenile delinquency in our city, and it is also a century-old project to cultivate contributions to today and benefit future generations." Ma Zhaoxing, director of Taiyuan Education Bureau, also said that campus judicial protection has drawn a beautiful blueprint for creatively carrying out publicity and education on law popularization.
The first batch of 20 volunteer judges formed a professional team of volunteer legal publicity services, and they were affectionately called "campus judges". "I deeply feel the great responsibility on my shoulders. As a volunteer, I am very willing to complete this task." Ma Rong, a judge of Taiyuan Intermediate People's Court, said in an interview.
Ma Rong's comprehensive quality is outstanding. She is also a psychological counselor and obtained the teacher qualification certificate. Ma Rong is good at integrating relevant theories of psychology into legal publicity. When she gave lectures to teachers and students in a primary school, she not only explained the legal knowledge, but also explained the orientation of "parental role" from a psychological point of view, guiding students to correctly adjust negative emotions, which won unanimous praise from teachers, students and parents. Ma Rong devoted himself to the work of "campus judge". She said: "The growth of minors is like the growth of a small tree. It needs sunshine and help. When the small tree is not bent, we should help it; Otherwise, it may be much more difficult to help small trees when they have long bends. Judicial protection into the campus is to help children go straight on their own life path. "
In just over two months, 29 primary and secondary schools, 1 colleges, 1 public, private and deaf-mute schools and kindergartens in six urban areas of Taiyuan have applied for legal services. Twenty "campus judges" have given voluntary lectures in more than ten primary and secondary schools in Taiyuan, and more than 3,000 students have been educated. Every time a "campus judge" gives a lecture at school, he will carefully prepare the lecture content according to the requirements of the school and the problems that need to be solved, and strive to innovate the lecture methods so that children, teachers and parents can gain something. Li Yanhong, president of Taiyuan Wanbailin Experimental Primary School, lamented: "At present, schools and students are in great need of legal knowledge, and strengthening their awareness of self-protection can not only solve the contradictions caused by injuries in schools, but also master the solutions to contradictions outside schools and establish contacts with judges. If you have anything, you can consult at any time. It is good to have judicial protection on campus! "
In addition to "campus judges" giving lectures on the legal system, organizing students to attend the trial of cases and setting up mock trials is also an important form of "justice entering the campus" in Taiyuan Intermediate People's Court, so that underage students can get more vivid and intuitive legal education. On May 22nd, Taiyuan Intermediate People's Court heard a case of "Gotham Street was violently beaten", and students from the middle school attached to Taiyuan Radio and TV University and Yujie Middle School in Bao Tong, Shanxi Province 120 were invited to attend. The cause of the case was just an ordinary traffic rear-end accident, but it caused Zhu Dangjie, who was qualified as a second-class Sanda athlete, to beat Zhao, the "brother", and eventually Zhao died after being rescued. After more than three hours of trial, the presiding judge explained and communicated with the students on the process of criminal trial, the establishment of the court and the thinking and enlightenment caused by this case. A boy said: "Through this hearing, I must remind myself to face the friction in my life rationally in the future." Other students also told reporters that it is easier for them to receive legal education with real-life cases than simply preaching.
As of September this year, Taiyuan Intermediate People's Court has organized students to attend the trial of the case and set up mock trial 16 times, which was warmly welcomed by the majority of students. Many students said excitedly after listening: "Today, we are in court!" "
Trial reform: start the "juvenile delinquency correction trial".
"The court gives you a chance to turn over a new leaf on the principle of education first, punishment second, education, probation and salvation. I hope you can cherish ... the past does not mean the present, and the present does not mean the future. I believe that you will strive to create a bright future and repay the kindness of your parents and the love of society. " This is a "warm message" read by Sun Mou, a boy aged 0/6 in Loufan/Kloc, Shanxi Province, on the judgment received on 1 day.
In February 2008, Sun was sued to the court for robbing 15-year-old boy 230 yuan with others. The judge persuaded and educated Sun Jin through heart-to-heart talk and analysis. Sun said in court that he must repent and live up to the hopes of his family and society. The court lightened Sun's punishment and announced a suspended sentence. When the judge read the verdict, he also read this "warm reminder", which is an innovative link in the "juvenile delinquency correction trial" of Taiyuan Intermediate People's Court.
As early as June this year, "juvenile delinquency correction trial" was identified as one of the political and legal innovation topics in Taiyuan City. Previously, Taiyuan Intermediate People's Court conducted research on youth rights protection institutions, law firms, youth detention centers and work-study schools in the city. Later, according to the current situation and characteristics of juvenile delinquency, Taiyuan Intermediate People's Court formulated 24 guiding opinions on juvenile delinquency correction trial. Subsequently, Qingxu County People's Court, yingze district People's Court and Wanbailin District People's Court were identified as pilot courts to try juvenile criminal cases by corrective trial.
The implementation of "juvenile delinquency correction trial" in Taiyuan court mainly includes three aspects of reform and innovation. The first is to construct a trial mode that adapts to the physiological and psychological characteristics of minors. If the U-shaped trial platform is adopted, the judge, the clerk, the defendant and his defender sit at the same table, so that the juvenile defendant can sit in a relaxed environment of "discussion" for trial, and the whole trial atmosphere will remain solemn, dignified, peaceful and relaxed. Secondly, "educational probation" runs through the whole process before, during and after the trial. Before the trial, carry out social investigation, grasp the family status, social environment and factors that form crimes of minors, and formulate specific measures for education and rescue; During the trial, on the basis of finding out the facts of the case, we should carry out targeted court education; After the trial, cooperate with community correction. Third, adhere to the principle of "combining leniency with severity". The punishment of juvenile delinquency adheres to the principle of education and salvation, and is as lenient as possible. Those who should be sentenced to fixed-term imprisonment according to law should give priority to lighter punishment; For those who can be sentenced to non-imprisonment according to law, non-imprisonment should be applied as far as possible; A minor whose crime is obviously minor or does not constitute a crime according to law shall be declared innocent immediately.
By the end of August this year, the three pilot courts had tried a total of 25 juvenile criminal cases 17 cases by corrective trial. After tracking and correcting the juvenile defendants in the pilot court, it was found that after the juvenile defendants were released from prison, they all realized the harmful consequences of their actions, turned over a new leaf and achieved good social effects. On September 1, Taiyuan Intermediate People's Court held a press conference, announcing that from now on, the "juvenile delinquency correction trial" will be fully tried out in the city's courts.
Return visit to help teach: "resident judge" saves minors who have slipped.
Perfecting the return visit of juvenile offenders is also an important part of Taiyuan Intermediate People's Court's innovative "judicial protection of minors". At the beginning of April this year, Taiyuan Intermediate People's Court announced the "Opinions of Taiyuan Intermediate People's Court on Implementing the Prison (Institute) Judge System" to the public, and the first batch of six judges were sent to prison. The resident judge shall arrange for no less than two days to visit the prison every month, during which he will go deep into the prison site to work.
On April 22nd, Taiyuan Intermediate People's Court and Shanxi Juvenile Delinquency Institution jointly established the "Juvenile Delinquency Education, Probation and Rescue Base", and the resident judge system has a more specific platform. Zuo Shizhong, president of Shanxi Higher People's Court, spoke highly of the establishment of resident judges in the base: "This system has changed the single referee role of judges in the past and turned into a dual role of judging and serving, which is the embodiment of implementing Scientific Outlook on Development."
Among these resident judges, Zheng Su is the most representative. She gives more care to juvenile offenders as a "judge's mother", and the neglected children affectionately call her "Zheng's mother".
On May 14, it was the first time that Zheng Su came to Shanxi Reformatory as a "judge's mother" and had a cordial exchange with prisoners. She sat among the students, asking them about their families in detail and understanding their hearts. "How is your mental state? What is the situation in study, life and labor? ..... "When the children heard Zheng Su's mother-like inquiry, they all felt that they immediately had someone to trust and talk to, and they had a good chat with Zheng's mother. Zheng Su is very good at telling examples around prisoners and guiding children to actively correct their concept of reform. She said earnestly to the criminals: "Only by consciously abiding by the law, observing the prison regulations, actively participating in political, cultural and technical studies, actively accepting education and reform, actively participating in labor, completing production tasks, and sincerely repenting, can we get a reduced sentence. You must work hard! "
On the occasion of the 60th anniversary of the founding of People's Republic of China (PRC) and the Mid-Autumn Festival, Zheng Su presented Mid-Autumn Festival moon cakes to more than 0/000 children in the reformatory school, and sent a special "word of encouragement": Although you are inside the high wall, your family and the whole society have not abandoned you, and the party and the country are caring for you, hoping that you can study better and turn over a new leaf. The children who didn't take care of it were all in tears with moon cakes. "Judge, mom, we will study hard and reform well ..."
Our intern reporter Chen Xianglin.
Our reporter Duan Aisheng Sun Wenying
Our reporter Yang Guangdong