On Prevention of Juvenile Delinquency
Content summary:
This paper discusses the prevention of juvenile delinquency from three parts. The first part briefly outlines the causes and characteristics of juvenile delinquency. In the second part, I think the prevention of juvenile delinquency should be divided into four points: self-prevention, family prevention, school prevention and social prevention, with emphasis on school prevention and social prevention. In the preventive work of schools and society, schools should pay attention to all-round education, and quality education and cultural education are equally important. Schools should not only pursue the enrollment rate unilaterally, but ignore students' outlook on life and values, resulting in poor education in other aspects. The society should pay close attention to prevention to minimize the possibility of juvenile delinquency. The third part, juvenile delinquency has become a concern of the whole society. Local governments and judicial organs have issued many policies in various aspects, hoping to crack down on juvenile delinquency through various units and collectives.
Keywords: juvenile, crime, juvenile delinquency, prevention
First, the causes and characteristics of juvenile delinquency
Juvenile delinquency refers to crimes committed by people who are over 14 and under 18. In recent years, due to the particularity of the physical and mental development of minors and the complexity of the causes of juvenile delinquency, we should adopt the policy of "prevention first, supplemented by crackdown, combining crackdown with prevention, and treating both the symptoms and the root causes", and urge families, schools and society to form a joint force to curb juvenile delinquency, so that all people can participate in the war, pay close attention to juvenile delinquency, and prevent and reduce juvenile delinquency from the source.
Why the number of juvenile delinquency will increase year by year, we should speak from four aspects:
1, minors have low quality, low cognitive ability and poor resistance. For example, Wang and Huang are both 15-and 16-year-old teenagers, attending junior high school in a middle school, and being good children and obedient students of their parents in primary school and junior high school. Since they met Zhu Yiquan, their academic performance began to decline, they often played truant and ran away from home many times. Zhu Yiquan, a 22-year-old, was sentenced to two years' imprisonment for theft and released after 1997. In order to find help, he met Wang and Huang through others. Under his guidance, Wang and Huang had evil thoughts and embarked on the road of crime.
2. The lack of family education and care leads to teenagers being influenced by bad external atmosphere prematurely. For example, in the case of Yang Moumou and robbery tried by Wuhua District Court in Kunming in 2003, when the judge met with the defendant Yang Moumou before the trial, he learned that his parents divorced when they were young, and his father died of illness soon, and his mother never cared about him, so that his usual life was taken care of by the neighborhood Committee. Feeling lonely because of the lack of parents' care, he met some people his age in the street, fought, drank and smoked with them, and finally embarked on the road of crime. The judges hope that parents will earnestly assume the responsibility of guardians and do their best for the healthy growth of their children.
3. The school's political and ideological education and legal education for teenagers are weak, and there are weak links in moral education, outlook on life, world outlook and values. For example, Huang is a vocational high school student in a school, and his grades have not been very good. Because he didn't finish his holiday homework, the teacher was afraid that his class performance and honor would be affected. When school started, he was not allowed to register, so he dropped out. Later, because I had nothing to do, I went to play in the society, met some peers with bad behavior, and even embarked on the road of crime. In this case, Gu's crime was due to the incorrect educational methods adopted by the school and teachers, which pushed him out of the school and made him finally embark on the road of crime.
4. Bad social environment has more and more influence on teenagers. For example, Cao, female, 14 years old, is a very obedient girl with excellent grades. 10-year-old neighbor Lin always takes her as an example. During the holidays, they often study and play together, but one day, Lin went to Cao's house to play as usual, but Cao hacked him to death. When the police investigated the case, Cao claimed: "I saw the killing scene on TV, so I wanted to try." In this case, Cao was influenced by the outside world and finally embarked on the road of crime.
The court analysis of juvenile criminal cases shows the following three characteristics:
1. The proportion of juvenile delinquency in all criminal cases is increasing year by year, and the number of juvenile defendants involved is also increasing significantly. For example, the crime rate of college students in a university, 200 1, increased by 300% over the previous year, and increased by120% in 2002; The number of juvenile crimes sentenced by a county court in 0 1 year increased by 4. 15 times, and increased by 1.98 times in 2002. Among them, juvenile defendants accounted for more than 80%.
2. The outstanding manifestations of juvenile delinquency are: property crime and violent crime;
3. The main form of juvenile delinquency is gang crime; For example, in the book "Cases and Analysis of Student Injury Compensation", the cases of juvenile gang crimes account for more than 70% of the cases in this book.
Second, prevent juvenile delinquency.
Crime, especially juvenile delinquency, is a very complicated social phenomenon. The occurrence and change of crime, the causes and harmful consequences of crime are social and comprehensive, and it is the result of the comprehensive effect of various negative factors, adverse effects and bad environment on minors in society. In a sense, crime is actually a "syndrome" of negative aspects of society. Judging from the causes of juvenile delinquency, there are both subjective and objective reasons. Objectively speaking, there are some reasons, such as low quality, poor cognitive ability and low defense ability to the outside world; Some are family reasons, such as parents' divorce, poor education and supervision, bad behavior or illegal and criminal behavior of parents and guardians; There are school reasons, such as inadequate political and ideological education and legal education, one-sided pursuit of enrollment rate, neglect of education and management of students, especially neglect or discrimination against "double poor students"; There are some social reasons, such as bad books and periodicals or the adverse effects of film and television works and publications that exaggerate violence, pornography, gambling and terrorist activities; It can be seen that the causes of juvenile delinquency are various and multi-level, and they are a comprehensive reflection of social problems. Because juvenile delinquency is a comprehensive reflection of a complex social problem. It is impossible to solve the problem by one department or one way. Instead, we should rely on the strength of the whole society, pay close attention to the governance of * *, and conduct comprehensive governance through political, economic, administrative, legal, cultural and educational means. Only in this way can we treat both the symptoms and root causes and effectively prevent juvenile delinquency.
Self-prevention
At the age of juvenile delinquency, it is often because of their poor cognitive ability, poor defense ability and insufficient ability. We should conscientiously study the Law on the Prevention of Juvenile Delinquency, abide by laws and regulations and social ethics, establish a sense of self-esteem, self-discipline and self-improvement, enhance our ability to distinguish right from wrong and protect ourselves, and consciously resist the temptation and infringement of various bad behaviors and illegal and criminal acts. In the process of self-prevention, we should raise and help those minors who have committed crimes and help those minors who have committed crimes; Take the lead in seriously studying the Law on the Prevention of Juvenile Delinquency; If there are signs of illegal crimes, we should recognize the seriousness of the matter in time, find out our own shortcomings, and put an end to illegal crimes in the fastest way.
Family prevention
The imbalance of family structure, the influence of parents' bad words and deeds, and improper educational methods all easily lead to juvenile delinquency. Family members are the first to find clues about juvenile delinquency. Especially in the first offense stage, if parents can stop and educate in time; Get twice the result with half the effort. So family stability is social stability, and family harmony is social harmony. Grasping the link of family education is to grasp the source of juvenile delinquency. I think the relevant departments can sign the responsibility book for crime prevention and control with the families of teenagers, clarify the responsibility of parents for their children's education, strengthen the fortress of families by implementing the contract responsibility system, and urge parents who are busy with business and career all day and neglect their children's education to pay attention to it ideologically and put it into action. If parents often communicate with their children and have feelings, children will be caring, compassionate and responsible ... all of which require the correct guidance of parents. Home is the harbor where children stop every day, the outlet of emotions, and the place where they can heal, relieve pain and replenish energy when they fall. Parents who are ill-educated, overindulgent, indulgent or stick-educated should be given necessary training by holding parent schools and other forms to urge them to abandon bad educational habits, so that every family can really play the role of education and prevention. In fact, children are very tolerant and have low requirements for their parents. Giving them a close hug, a happy smile, a caring look, a heartfelt conversation and even a timely criticism will make them feel that their parents are paying attention to him and love him. Parents' love will send a blue sky to their children and bring a fragrance to family life.
School prevention
In school prevention, the school first preaches and teaches students the truth of being a man and how to be a man, followed by the teaching of cultural knowledge. Schools should change the existing improper moral education mode, give full play to the role of the classroom as the main channel, strengthen students' ideological and moral education, and actively explore the reasons for school moral education and its illegality under the new situation. There is nothing wrong with moral education itself. What is wrong is that the content and method of education are improper and one-sided pursuit. Moral education is still the initial and most powerful barrier to prevent juvenile delinquency. Therefore, while preventing the probability of juvenile delinquency, we must play an effective role in moral education itself. To close the door of juvenile delinquency instead of opening it, we must correct the problems existing in moral education, return to the true nature of education, and seriously study and explore effective ways of moral education in schools under the new situation. Education administrative departments at all levels and schools at all levels should attach great importance to the prevention of juvenile delinquency, provide lively legal education to students, offer legal courses in schools, equip professional legal teachers, and increase legal education so that students can have a legal class every week. At the same time, it is necessary to establish an assessment system for teachers' teaching methods and students' learning methods, so that teachers can seriously teach students to study hard and implement students' learning, understanding and abiding by the law. To fully implement education laws and regulations, schools and teachers should conscientiously perform their due duties.
Social prevention
Today's society is colorful, the national economy is developing at a high speed, social wealth is accumulated in large quantities, the affluence of most people is obviously improved, and the comprehensive national strength is obviously enhanced. While bringing us rich spiritual culture, some unhealthy things have also poured in. Even a channel with high ratings will inevitably convey the information conveyed by demonstrations such as martial arts killing and heterosexual intimacy. So some teenagers imitate while watching and even touch their family and friends around them. Internet cafes have become a paradise for teenagers, where they can play games all day and all night, chat online or watch all kinds of movies and pictures, no matter how good or bad online, noble, decadent, scientific and superstitious. They never worry about teachers or parents looking for them, because there is a boss standing guard at the door. Gradually, from playing truant to dropping out of school, crimes such as theft, robbery, rape and murder are common due to pleasure and lack of money. In the market economy society and the trend of "doing business for all", congratulations on getting rich and getting rich is no longer the shyness and taboo of China people. It has become the knowledge of some parents and students to make a lot of money without studying. It leads to the confusion of teenagers' values, the strong temptation of material enjoyment and the high pursuit of material life, which makes the weak-willed go astray and commit crimes.
In view of the above social reasons that induce juvenile delinquency, we should follow the requirements of the Central Committee for Comprehensive Management; Implement comprehensive management of social security. First, purify the social environment and improve the campus and surrounding environment. Party committees, governments and leaders at all levels should organize education administrative departments at the same level, with the strong support of the Communist Youth League, women's federations, the masses and social organizations, make up their minds to manage the social order inside and outside the school, resolutely crack down on illegal acts that endanger the healthy growth of young students, and effectively ensure that students have a quiet, harmonious and healthy learning environment. Second, strengthen legal education, carry out various forms of legal education, actively strive for the support of relevant units, establish excellent off-campus counselors or equip full-time legal teachers, and further strengthen discipline and legal education for young students; It is necessary to study the Law on the Prevention of Juvenile Delinquency in combination with the typical cases of juvenile delinquency at present, so as to prevent and reduce juvenile delinquency. Third, intensify efforts to crack down on activities that induce teenagers to commit crimes, organize extracurricular activities for teenagers, and carry out some positive, civilized and healthy activities. Implement the policy of education, probation and salvation for minors who commit crimes, adhere to the principle of giving priority to education and supplementing punishment, and enable young students to establish a correct outlook on life and values.
Three generations of gentlemen. Strengthening and improving education requires the care and support of the whole party and society. We firmly believe that with the great attention of the whole society and the comprehensive management from all walks of life, the social environment for the development of teenagers will be further optimized and the disadvantaged teenagers will be effectively protected.
Three, the local government and judicial organs to prevent and guard against juvenile delinquency.
Article 4 of the Law on the Prevention of Juvenile Delinquency: 1 Make plans to prevent juvenile delinquency; 2, organize and coordinate the public security, education, culture, press and publication, radio, film and television, industry and commerce, civil affairs, judicial administration and other social organizations to prevent juvenile delinquency; 3. Check the implementation of this Law and the implementation of the work plan; 4, summarize and popularize the experience of preventing juvenile delinquency, establish and commend advanced models.
The People's Court of Naxi District, Luzhou City, Sichuan Province has strictly enforced laws and regulations, conscientiously implemented the policy of education, probation and salvation, and taken six measures to effectively protect the legitimate rights and interests of minors, which has achieved good results.
(1) Designated defense to effectively protect the litigation rights of juvenile defendants. If the defendant is a person with limited capacity or a minor under the age of 18 at the trial has not entrusted a defender, a defender shall be appointed for him. Of the 57 people who have been dealt with since 2002, 12 minors have not entrusted defenders, and the court has appointed defenders for them. Such as theft, Chen's parents divorced and the family was in financial difficulties. After the court informed Chen's father to appear in court, although he was willing to entrust a defender for his son, he had no money. When the court was informed of this situation, it appointed a lawyer as the defender for Chen Mou.
(2) Combine education with trial, and adhere to the policy of education, probation and salvation. For example, when trying a robbery case involving five people, including Liu, the vice president of the school where the five defendants are located was specially invited as a juror to form a collegiate bench for trial. The collegial panel fully considered the fact that they are students and behave well at ordinary times when making a judgment. Except for the defendant Liu, the other four people were exempted from criminal punishment and returned to school to study. The court recently paid a return visit and learned that the four people obeyed the law and studied harder. They all said that they should "cherish learning opportunities, study hard, learn skills well and make contributions to the construction of the motherland in the future."
(3) Multi-party cooperation, * * * to do a good job in education and relief. Anyone who makes a guilty verdict will organize parents, village Committee cadres, prosecutors, defenders, etc. Participate in the help and education forum. This paper analyzes the subjective and objective reasons, root causes, social harmfulness, illegality and punishment of crimes, so as to help juvenile offenders improve their understanding, reflect deeply and learn lessons. Through discussion and help, juvenile offenders and their parents received a profound education, expressing their acceptance of the court's judgment, sincere repentance and a new life. For juvenile offenders sentenced to probation, the court took the initiative to contact the school and do the work of the school, so that they could return to school to study, effectively curbing the juvenile probation offenders from flowing into society and committing crimes again.
(4) according to the physical and mental characteristics of minors, determine the ways and methods of trial to prevent harm to the physical and mental health of minors. For example, when trying the robbery cases of Liao Da and Liao Er, due to Liao Da's lack of understanding of his own robbery, the court decided to adjourn the court and let the appointed defender and his parents educate Liao Da together. When he realized the seriousness of his behavior, he burst into tears, immediately admitted that his behavior constituted a crime and was determined to repent and turn over a new leaf. Accordingly, the court sentenced two people to probation. In this way, the court did not hurt his self-esteem, but also achieved the purpose of education.
⑤ Adhere to the principle of "education first, supplemented by punishment". If probation can be applied according to law, probation should be applied as far as possible. Since 2002, the hospital has tried 3/kloc-0 criminal cases, involving 57 people, including 2/kloc-0 criminal cases. Among the 57 juvenile offenders, 6 were exempted from punishment, 7 were suspended 17, 5 were fined and 0 were detained 10; 19 people were sentenced to less than three years in prison, accounting for only 33%. Appeal no 1 among 57 people.
Carry out extensive activities to send students to school. The court sent judges to primary and secondary schools as vice principals or legal advisers to help schools popularize the law. Under the guidance of judges, these schools have generally held legal exhibitions, legal conferences, lectures on learning and usage, and mock trial. The judges also selected some typical cases for trial in middle schools, which achieved good results in enabling students to learn, know, interpret, use and abide by the law.
Court enforcement must ensure "three essentials": First, safeguard the legitimate rights and interests of juvenile defendants. Inform the defendant of the relevant litigation rights at the hearing; If a defender is not invited, a defender shall be appointed according to law; Arrange special seats for guardians in the trial area, ensure their participation in litigation, defend juvenile defendants, and enjoy the rights of juvenile defendants to read trial transcripts and appeal. Arrange for the guardian to meet the minor defendant after sentencing; Second, legal education should run through the whole process of trial. In the trial activities, pay attention to the popularization of legal language, the trial language is simple and easy to understand, and never use sarcastic or sarcastic words; The court is simple in setting up and flexible in form, so that the trial is conducted in an atmosphere of combining seriousness with gentleness, the cordial language of probation is printed in the hearts of juvenile defendants, and the emotion of educational care is reflected in promoting the self-repentance and reform of juvenile offenders; Third, the correct application of punishment reflects the spirit of leniency according to law. At the time of conviction and sentencing, those who slip, commit minor crimes and perform well in repentance are generally given a lighter punishment; For those who have both heavier and lighter circumstances, they all reflect lighter punishment; Those who meet the conditions of probation will never be put in prison, relying on social and family forces to strengthen assistance and education; Generally, no additional punishment is applied to juvenile defendants, and court judgments are not made public to protect their self-esteem and confidence in repentance and rehabilitation.
To sum up, juvenile delinquency has become the focus of the whole society, but the physical and mental characteristics of minors determine their plasticity and creativity. In a sense, the social responsibility of juvenile delinquency is greater than the responsibility of juvenile delinquency itself. Strike is only low-level prevention, and prevention is the most effective means. Preventing and controlling juvenile delinquency is a comprehensive social project, involving all aspects of society. Only the close coordination, support and cooperation of all sectors of society can ensure the smooth progress of this project.
References:
① March 14, 2004, Xinhuanet Yunnan Channel.
② Liu of Peking University Law School discusses the basic principles and characteristics of preventing juvenile delinquency.
③ Law on the Prevention of Juvenile Delinquency of June 28th, 1999.
④ Article 4 of the Law on the Prevention of Juvenile Delinquency of June 28th 1999.
⑤ On April 27th, 2004, China Court Network.
⑥ Juvenile criminal cases
⑦ Cases and analysis of students' injury compensation
⑧ China Youth in July 2003.