Different countries have different definitions of the age of teenagers. As far as China is concerned, teenagers refer to people aged 12-25. Because people of this age group have different physiological and psychological characteristics from adults, the study of juvenile delinquency is to study and discuss the causes of juvenile delinquency, the methods to reduce and prevent juvenile delinquency and the sentencing of juvenile offenders.
Nowadays, juvenile delinquency has become the third biggest social problem after environmental pollution, drug trafficking and drug abuse, which has aroused strong concern from all countries in the world, and China is no exception. Especially in today's socialist harmonious society, material civilization and spiritual civilization are developing together, and juvenile delinquency is the most important thing we urgently need to solve. Teenagers are the future of the motherland and the hope of mankind. As far as China is concerned, juvenile delinquency accounted for about 20%-30% of the total number of criminal offences in the country in the 1950s and 1960s, and increased to over 70% in the 1980s, which is still on the high side. According to the statistics of our province (199 1- 1995), the juvenile crime rate and the student crime rate have doubled compared with the 1980s. Especially since the 1990s, with the deepening of China's reform and opening up and the rapid development of social economy, China's juvenile delinquency has shown new characteristics such as younger age, gangdom and malignancy. Statistics show that the initial age of juvenile delinquency in the 1990s was 2-3 years earlier than that in the 1970s, and the number of crimes under 14 years old increased significantly, with the youngest 10 years old! There are 27 criminals under the age of 0/4 in our city, 1998 35, 1999 47. 75% of juvenile delinquency belongs to gangs. In recent years, in juvenile delinquency, there are more and more major criminal cases backed by violence, and the degree of violence is getting higher and higher. Moreover, minor crimes rarely consider the consequences in the process of committing crimes, and the criminal means are brutal and cruel, and the social impact is very bad. According to statistics, at present, juvenile criminal cases account for 65% of all criminal cases in China. Therefore, it is always an arduous task to study juvenile delinquency.
Different countries have different definitions of the age of teenagers. As far as China is concerned, teenagers refer to people aged 12-25. Because people of this age group have different physiological and psychological characteristics from adults, the study of juvenile delinquency is to study and discuss the causes of juvenile delinquency, the methods to reduce and prevent juvenile delinquency and the sentencing of juvenile offenders.
First, the causes of juvenile delinquency
There are many kinds of juvenile delinquency, but there are two fundamental reasons: 1. Adolescents' own psychological and physiological factors II. The influence of external social environment factors on teenagers.
1. Teenagers' own psychological and physiological factors can easily lead them to commit crimes.
(1) Adolescence is in a critical period of life development, with unbalanced physical and mental development and psychological development lagging behind physical development. Psychologically in a semi-naive and semi-mature state, with strong plasticity; Physiologically, their bodies are developing rapidly, full of energy and susceptible to suggestion. It is a period of rapid development of personality and independence. During this period, teenagers' sense of autonomy and self-reliance has been strengthened, and they have their own independent views when problems arise. They love to solve their own problems and don't want to be bound, and their sense of maturity becomes more and more prominent. Psychologically, they hope that the society and parents will treat themselves as adults and give themselves more freedom and autonomy, but they still have to rely on their parents and society in economy and life. Therefore, once the materiality of these teenagers is not satisfied, it is easy for them to transfer their attached objects, that is, "power transfer." According to their interests and personalities, they form small groups. As long as one of these small groups is influenced by bad information and has a criminal tendency, it is easy to form gang crimes, which is also the reason for the increase of gang crimes in recent years. (2) Most juvenile delinquents have reversed their morality and outlook on life, and their legal consciousness is weak. (1) With the development of social economy, most teenagers can work hard, keep pace with the times, consciously improve their own quality and become active pioneers and builders of the socialist motherland. However, unhealthy factors in the commodity economy, such as money worship, hedonism and extreme individualism, also make some teenagers lose their way. Formed the wrong life values. They mistakenly believe that the value of life lies in taking it from society. In their eyes, fighting, fighting, cheating and hooliganism are all "interesting things" and "glorious things", and those who dare to take risks and do their best are "great heroes". In the eyes of most young criminals, selflessness and self-sacrifice are hollow. Only doing everything for yourself is the most affordable, even taking it as a legitimate reason for committing a crime and mistaking crime as a proper way and way to get rich. (2) The legal concept is weak. The author found in the investigation of several primary and secondary schools. With the deepening of legal education, although students' legal concept has been enhanced, there are still quite a few students who are not interested in legal education, but only pay attention to their academic performance and whether they can be admitted to universities. Even if they engage in legal education, it is superficial and passive. Therefore, the legal awareness of these students needs to be improved urgently. For example, Feng Mou, a second-year student in a school, took advantage of the opportunity after school to rob his junior classmates of money by beating and intimidating. The policeman asked him if he knew his behavior was a crime, and the answer was: I just pay back the money, don't I? If this makes the police dumbfounded, Others committed crimes just to test the reconnaissance ability of the Public Security Bureau, and thought they were joking after being arrested. Some even regard entering the public security bureau as a "big event", and so on. A large number of facts show that most juvenile offenders are easily tempted and influenced by bad information from the outside world because of their unbalanced physical and mental development and weak legal concept, and are easy to embark on the road of breaking the law or even committing crimes.
2. The external environment is the main factor to promote juvenile delinquency.
No one's growth and life are isolated, and they are inseparable from society and the surrounding environment. Teenagers are no exception, they grow up in the reality of society. The physical and mental characteristics of teenagers determine the importance of their growth environment for their healthy growth. There is a proverb in our country: If you are near Zhu Zhechi, you will be black, if you are near Mexico. It shows that the environment has a great influence on people. (1) The negative influence of family environment and education on teenagers. Family is not only the basic unit of society, but also the first class for children, and parents are the first teachers for children. Family education has a profound influence on the formation of children's outlook on life and morality, and is the most direct and main reason for juvenile delinquency. The defect of family education is the foundation of children's bad personality, which lurks the crisis that teenagers embark on the road of illegal crime. The investigation on the family situation of juvenile criminals is generally biased, and most of them are deformed. Some parents are at odds, some parents are divorced, some are poorly educated and managed, and some live with their elders and indulge in debauchery. Xiao Xin, a boy of 17 years old, hacked to death his grandmother, chopped his grandfather and stole money from the Internet. The lack of parental education and the overindulgence of grandparents made him addicted to the Internet after dropping out of school, and finally entered the abyss of crime, which is a typical case. Teenagers are innocent. Such a shocking and unethical case has sounded the alarm for family education. (2) The defect of school education is an important reason for juvenile delinquency. The period of school education is a crucial period for the formation of teenagers' outlook on life and world, and it is the only way for teenagers to grow up healthily. But today, there are still many schools that only focus on exam-oriented education and unilaterally pursue the enrollment rate. They think that legal and moral education is only the need of the situation, so they ignore moral education, lack legal education and deal with it passively. In name, some activities have been carried out, such as offering mental health education courses and lectures on legal education for students. Due to the lack of correct understanding, the transformation and renewal of educators' own ideas are ignored. Finally,
This is just a formality. Some teachers often punish students in disguise, discriminate against poor students, especially double poor students, let themselves drift, and even push them out of their homes to the society. These practices have increased the reserve of juvenile delinquency to a certain extent and become an important reason for juvenile delinquency. (3) In the process of establishing China's market economy system, some factors that are not conducive to the healthy growth of teenagers are another major reason for juvenile delinquency. With the in-depth development of reform and opening up, the invasion of various social evils abroad, and the emergence of some spiritual and cultural dross in the history of our country, it has played an extremely corrosive role in the healthy growth of teenagers. Such as pornography, gambling and drugs; The proliferation of unhealthy movies, videos, books and periodicals that promote sex, love and murder; Illegal Internet cafes, game halls, video halls and other places around schools and communities; They are all important social factors that induce the rise of juvenile delinquency. According to statistics, 14. 1% schools have unhealthy books and periodicals for sale, 26. 1% schools have video halls nearby, 19.2% crimes are caused by pornography, violence and other books, audio-visual products, and juvenile crimes induced by bad information spread on the internet have increased. Teenagers gradually mature in sexual development, like to contact the opposite sex and are full of curiosity about the opposite sex. If they are induced by bad information from outside at this time, they will commit crimes because of puppy love, poor sexual desire control and uncontrolled greed. Example: Zang, a student of Class 3 (1) in a junior high school in a county, raped a female classmate. According to his own confession, he watched pornographic videos and books, and committed a crime. There are also teenagers who regard fugitives in movies and TV as heroes, and regard the means of committing crimes as skills, and the means of committing crimes are cruel. For example, a young man, Yan XX, took a 12-year-old child to Shanghai to play and took out all 600 yuan from his family. They planned to rent a car by deception and hit the driver on the head with a prepared wine bottle on the way home. The robbery failed. Asked why he did it, he replied, "I saw in the movie that it can rob money."
3. The juvenile legislation system is not perfect, and the overall lack of enforceability.
Although China has enacted the Law on the Prevention of Juvenile Delinquency and the Law on the Protection of Minors, these laws lack corresponding punishment measures for offenders, and there is an embarrassing situation of "laws to follow" in the judicial work of some cases. In addition, the social legal education and moral propaganda for teenagers are a mere formality, and the lack of help and education for juvenile delinquents is also an important social reason for juvenile delinquency. As can be seen from the above, bad social environment (including network environment) and wrong family education methods are encouraging and even directly promoting juvenile delinquency.
Second, prevent juvenile delinquency.
To sum up, we can see that juvenile delinquency is a complex social problem, which has both internal and external objective reasons. Therefore, the author believes that the prevention of juvenile delinquency should start from the following aspects:
1. Establish and improve the juvenile legislation system, strengthen social responsibility and increase publicity, so that juvenile protection is not just a form. 1) Law, as a social norm to regulate people's behavior, clearly defines people's rights and obligations according to law and provides people with a code of conduct or model. The psychological and physiological characteristics of teenagers determine their vulnerability to temptation and poor self-protection ability. Therefore, relevant departments should, on the basis of further perfecting legislation, formulate practical targeted and preventive legal measures, standardize the behavior of teenagers, optimize their living environment, and truly legalize the prevention of juvenile delinquency. 2) Although juvenile delinquency is a serious social problem, which has aroused strong concern from all walks of life, some moral and legal propaganda in society is often not in place for one reason or another, so it is necessary to further strengthen the research and propaganda of juvenile law popularization. A) All units should give full play to their functions, especially in areas with poor social security, regularly analyze and study the situation of preventing juvenile delinquency, sum up and popularize typical experiences in time, find and solve existing problems, and promote the in-depth development of juvenile delinquency prevention. B) work methods should be innovative. Pay attention to the use of modern means such as informationization and networking to carry out prevention work and improve work level and efficiency. For example, innovative activity carrier, psychological consultation, skills training, employment guidance, follow-up and education of youth community cultural and recreational activities. We will continuously meet the needs of young people's healthy growth and truly prevent juvenile delinquency.
2. Intensify efforts to purify the growth environment of teenagers and create a good environment for their healthy growth. Unhealthy growth environment is a hotbed of juvenile criminal activities. Optimizing the growth environment will play a positive role in preventing juvenile delinquency. Therefore, we will vigorously clean up the cultural market, carry out special rectification on newspapers, audio-visual products that promote obscenity and pornography, and resolutely ban illegal internet cafes and game halls on campus and around. The film, television, radio, press and publication departments at all levels of society and all kinds of broadcasting places should adhere to the correct guidance of public opinion and severely punish illegal and criminal acts of providing content and information that endanger the physical and mental health of young people according to law.
3. Family, school and society should take their own responsibilities and integrate with each other to jointly build a solid defense line to prevent juvenile delinquency. (1) family. Family is the basic point of preventing juvenile delinquency, family education is the first educational position of teenagers, and parents are the most direct teachers of children, so we must give full play to the role of family education. On the one hand, we should educate teenagers with scientific and healthy educational methods, starting from childhood and starting from small things. We should not only be strict with them, but also be patient with them. When children get grades, we should remind them not to be satisfied and not to increase their pride. When there are shortcomings, don't rush to reprimand. It is necessary to analyze the reasons, identify the starting point of education, and then guide them to recognize and correct their mistakes. Let them experience the love of their parents and the warmth of their families from education. On the other hand, parents should lead by example. Parents' words and deeds have a great influence on their children's growth. Improper parents' behavior and educational methods will bring bad consequences to the physical and mental health of teenagers. Therefore, it is necessary to strengthen the legal awareness of parents of students, not to do illegal things, to set an example, and to be bosom friends of children in life, but not to tolerate or go to extremes. Only in this way can teenagers grow up healthily. (2) school. School education is an important measure to prevent juvenile delinquency and cultivate their healthy growth. A) Improve the disadvantages of the education system and reform it. It is necessary to carry out legal education, frustration education and ideological and moral education for young people, and incorporate them into regular teaching courses, so that young people can receive the enlightenment education of legal concepts from an early age, establish correct values of life, enhance their ability to distinguish right from wrong and resist the erosion of bad information, and form the habit of obeying the law when they were students. When they enter the society, they can correctly exercise their rights and consciously fulfill their obligations in the family, the collective and the society, which has a far-reaching impact on their lives. B) Improve teachers' moral quality and legal awareness, make up for the lack of family education, and reduce the risk groups of juvenile delinquency. The study of moral quality and laws and regulations is not only a matter for students, but also a matter for teachers to some extent. The survey shows that reprimanding and scolding students who have made mistakes will only make students feel disgusted, form rebellious psychology, give up on themselves and even have adverse consequences. In particular, children from single-parent families and estranged families need to be summoned by teachers' heartfelt and unspeakable love, set sail in adversity, have a sound personality and become useful people to the people and society. (3) society. A) Give full play to the advantages of social environment, create a relaxed employment environment for young people, and avoid the disorderly flow of unemployed youth. According to the survey, many people who embark on the road of crime are unemployed. They have nothing to do all day and have no food and clothing, so they are bound to steal and rob. Therefore, while expanding employment opportunities, we should strengthen the communication and coordination of employment information between regions, and the relevant government departments should allocate and manage the flow of migrant workers, rationally allocate human resources, so as to produce the greatest social and economic benefits and avoid the imbalance of the number of migrant workers and the blind and disorderly flow of personnel. (two) do a good job in the reform of juvenile offenders and severely crack down on all kinds of crimes that endanger the growth of juvenile offenders. Juvenile delinquency is both a victim and a victim, and most of them have the desire to turn over a new leaf. Therefore, strengthening and doing a good job in the reform of juvenile offenders and returning to society after serving their sentences is the basis for preventing juvenile delinquency again. Political and legal departments, social departments and families of young people who have lost their footing should care for and care for the reformed youth in their lives and work. And actively contact with the labor department, provide information and employment opportunities for unemployed youth, and cooperate with the reeducation-through-labor department to consolidate the results of assistance and education. C) Give the delinquent teenagers enough respect and trust, so that they will not be discriminated against, and let them have confidence in the future, a sense of belonging to society and love life and society, which will be more conducive to continuing education and reform.
Sentencing of juvenile delinquency
China's law belongs to the continental law system, with strong clauses. At present, some legal systems for teenagers are not perfect, and there is no set of laws and regulations that are compatible with the Law on the Prevention of Juvenile Delinquency and the Law on the Protection of Minors and have strong enforceability. In addition, due to the lack of coordination among various departments within the judiciary on the transformation education of juvenile offenders. Therefore, the sentencing of teenagers in China needs a process from practice to theory. However, Article 44 1 of the Law on the Prevention of Juvenile Delinquency in China stipulates: "Minors who commit crimes shall be investigated for criminal responsibility, and the policy of education, probation and salvation shall be implemented, and the principle of giving priority to education and supplementing punishment shall be adhered to." It sets a big tone for the sentencing of juvenile offenders.
The author believes that although juvenile offenders are criminals, their particularity determines that their punishment methods are different from those of adults. Therefore, the following suggestions are put forward: (1) Under the principle of education, rescue and probation, it is necessary to follow up minors who need to be sentenced, and it is necessary to set up social investigation institutions with reference to advanced foreign experience to allow social investigators to appear in court, so as to minimize the sentencing harm to minors. (2) Not only set up juvenile courts, but also help and save juvenile criminals who have been sentenced, and conduct irregular inspections and return visits to juveniles who have been released from prison, so as to promote their self-reliance and positive behavior and prevent them from committing crimes again. For example, the second paragraph of Article 152 of the Criminal Procedure Law stipulates that all cases of crimes committed by minors over the age of 14 but under the age of 16 shall not be heard in public. /kloc-cases of crimes committed by minors over 0/6 and under 0/8 are generally not heard in public. The purpose of this regulation is to protect the personal privacy of minors, reduce the pressure that may be exerted on them from all sides, and help them build up confidence in re-learning and re-living. For example, the Rules for Fast Trial of Juvenile Cases promulgated by Fengtai District Procuratorate in Beijing is in the forefront in safeguarding the legitimate rights and interests of juvenile suspects. Thirdly, in terms of detention places, it is necessary to distinguish them from adults, avoid mutual infection, and set up special detention and reform places for minors. All these reflect the special treatment of teenagers in our criminal law.
In a word, preventing and reducing juvenile delinquency is a major event related to the national economy and people's livelihood, which needs the care and protection of schools, families and society. The prevention system and reform system of juvenile delinquency is still a work that needs the attention of the whole society and is a major event related to the national economy and people's livelihood. This is not only the responsibility of the judicial administrative system, but also the obligation of the whole society. We need to make further improvements in our future work to truly achieve the goal of reducing and preventing juvenile delinquency.
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