condition
The current law lacks specific measures.
At the previous national "two sessions", many representatives suggested that the problem of school violence be solved through legislation. For example, Gong Hanlin, a famous sketch actor and CPPCC member, submitted a proposal on campus violence. He believes that the frequent occurrence of campus violence is mainly due to the lack of laws: the current laws do not take specific measures against campus violence.
Since then, more and more voices have been concerned by the media. For example, Fang Qing, deputy to the National People's Congress and principal of Jindong Experimental Primary School in Jinhua City, said that crimes of school violence occur from time to time, and many perpetrators of school violence have not been punished accordingly. Even minors should be responsible for their actions within the legal framework. He suggested that the legislation on school violence should redefine several key ages of juvenile delinquency to adapt to the existing laws; Hong Yi, deputy to the National People's Congress and secretary of the Party Committee of Southeast University, believes that the lack of legislation, punishment mechanism and education mechanism has made family and campus violence stay on the moral level for a long time, instead of rising to a legal issue.
Liu, the chief lawyer of Beijing Mugong Law Firm, said that last year's criminal law amendment (IX) added the crime of maltreatment of ward and caregiver after the crime of maltreatment, because the crime of maltreatment only applies to families, and the new crime applies to all people who have the responsibility of nursing, such as kindergarten and primary and secondary school teachers who maltreat underage students. However, there are no legal provisions on violence and abuse among students.
behaviour
Call for the enactment of the Anti-School Violence Law
"In fact, we have been calling for the enactment of an anti-school violence law for many years." Zong Chunshan, director of the Beijing Youth Legal and Psychological Counseling Service Center, said that the enactment of the Anti-school Violence Law is not only aimed at students, but also involves related prevention and punishment systems, responsibilities, norms and legal procedures for teachers and schools. "The purpose of making laws is not only to punish, but also to educate and protect."
In addition, Zong Chunshan believes that we can learn from the experience of Taiwan Province Province and Hongkong for school violence. In addition to criminal responsibility, there are other ways of punishment, such as letting children receive labor and education.
The picture comes from the internet.
■ point of view
1 It is not easy to use criminal law against minors.
How to prevent and solve campus violence, there are also some different voices. Shi Jie, member of the Chinese People's Political Consultative Conference and chairman of the board of supervisors of the Sichuan Lawyers Association, believes that it is not necessary to enact the Anti-School Violence Law at this stage. It is not appropriate to use criminal law easily for minors, and guidance and supervision should be given priority to. Because the law is too strict, it may have an irreversible impact on the growth of children.
Di Qi Ying, a member of the Chinese People's Political Consultative Conference (CPPCC) and a professor in henan university of economics and law, believes that it is necessary to be cautious when referring to the issue of "imprisonment" of school violence. "Moreover,' imprisonment' also involves the revision of a series of laws such as the Law on the Protection of the Rights and Interests of Women and Children, the Law on the Prevention of Juvenile Delinquency, the Law on the Protection of Minors, the Law on Public Security Administration Punishment, and the Criminal Law."
2 Prevention of school violence focuses on family education.
According to Sun Yunxiao, deputy director and researcher of China Youth Research Center, the key to prevent school violence is education, first of all, family education, and it is urgent to strengthen the main responsibility of parents. The first is to educate parents, because behind every child who commits violence or even crime, there must be a problem family. Secondly, we should improve the ability of young students to distinguish right from wrong and strengthen legal education. From 20 13 to 20 14, China Youth Research Center found that indifference to legal awareness is an important influencing factor of juvenile delinquency. 65% of juvenile offenders said that they committed crimes because they "didn't know the law". 60.5% of juvenile offenders believe that if they know the heavy price of crime in advance, they will not commit illegal and criminal acts.
Zong Chunshan, director of Beijing Youth Legal and Psychological Counseling Service Center, believes that school violence should be severely punished, but not only students, but also those responsible, such as parents and schools. "Although foreign laws are very strict, it is also a protection for minors. In view of the problem of campus violence, foreign schools will have corresponding education, such as empathy education and psychological counseling. Once campus violence occurs, relevant people will immediately intervene to solve students' psychological problems and family problems. Only when these measures are ineffective will they be punished. "Therefore, Zong Chunshan believes that the prevention and control of school violence should focus on education.