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Jun 08, 2024 02:14 PM
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The Dilemma of Rising Juvenile Crime Rate (AI Translation)

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2024年3月16日,受害人生前就读的邯郸市肥乡区旧店中学。
2024年3月16日,受害人生前就读的邯郸市肥乡区旧店中学。

文|财新周刊 黄雨馨

By Caixin Weekly’s Huang Yuxin

  “邯郸事件过后,电话被打爆了,方方面面都问我怎么看。”谈及三个月前发生在河北邯郸的三名初中生杀害同学事件,一位研究青少年犯罪问题的学者如是说。

"After the Handan incident, my phone wouldn't stop ringing. Everyone was asking for my opinion from all sides," said a scholar who researches juvenile delinquency, referring to the case three months ago in Handan, Hebei, where three middle school students murdered a classmate.

  如何治理未成年人特别是低龄未成年人犯罪,观点各异。一种主张是严惩。事实上,立法对此已有回应。2021年3月1日开始施行的《刑法修正案(十一)》增加规定:已满12周岁不满14周岁的人,犯故意杀人、故意伤害罪,致人死亡或者以特别残忍手段致人重伤造成严重残疾,情节恶劣,经最高检察院核准追诉的,应当负刑事责任。这一条款打破了几十年来以14周岁为法定最低刑事责任年龄的传统,将特定情形下追究刑事责任年龄的下限调整至12周岁,成为邯郸三名初中生被追诉的法律依据。

How to address juvenile delinquency, particularly among younger minors, has sparked divergent viewpoints. One school of thought advocates for severe punishment. In fact, legislation has already responded to this perspective. The "Criminal Law Amendment (XI)," which came into effect on March 1, 2021, stipulates: individuals who are 12 years old but not yet 14, who commit intentional homicide or intentional injury resulting in death or causing severe disability through especially cruel means, and whose cases are approved for prosecution by the Supreme People's Procuratorate, shall bear criminal responsibility. This clause breaks from the decades-long tradition of setting 14 years old as the minimum legal age for criminal responsibility, lowering it to 12 years old under specific circumstances, and serves as the legal basis for the prosecution of three middle school students in Handan.

  也有意见认为,比起吸引眼球的极端个案,更重要的是低龄犯罪整体形势,应全面研判、系统治理。“现在有种倾向,对于未成年人犯罪力图严厉打击。难道打击得越狠,对未成年人的保护力度就越大吗?”华东政法大学刑事法学院教授高维俭提醒,“过度迷信、偏重惩治手段的运用,可能无法实现最佳的犯罪防治效果。”

Some opinions suggest that it is more important to assess and systematically address the overall situation of juvenile delinquency than to focus on extreme cases that attract attention. "There is a current trend towards harshly cracking down on juvenile crime. Does harsher punishment equate to greater protection for minors?" cautions Gao Weijian, professor at East China University of Political Science and Law's School of Criminal Justice. "Over-reliance on and emphasis on punitive measures may not achieve the best results in crime prevention."

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Caixin is acclaimed for its high-quality, investigative journalism. This section offers you a glimpse into Caixin’s flagship Chinese-language magazine, Caixin Weekly, via AI translation. The English translation may contain inaccuracies.
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The Dilemma of Rising Juvenile Crime Rate (AI Translation)
Explore the story in 30 seconds
  • The Handan case, where three middle school students murdered a classmate, sparked intense debate on handling juvenile delinquency, with punitive measures gaining traction.
  • The Supreme People's Procuratorate data shows a fluctuating trend in juvenile crimes, peaking at 97,000 cases in 2023 from a low of 55,000 in 2020.
  • Juvenile crimes often reflect broader societal, familial, and educational failings, necessitating comprehensive prevention and intervention strategies.
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After the Handan incident, where three middle school students murdered a classmate in Hebei, China, public discourse on juvenile delinquency intensified. A scholar specializing in juvenile delinquency reported being inundated with requests for commentary. The debate on how to manage juvenile crime, particularly involving younger minors, has two main perspectives: one that calls for severe punishment and another that questions the efficacy of punitive measures alone [para. 1].

The "Criminal Law Amendment (XI)" of March 1, 2021, allows individuals aged 12 but not yet 14 to be criminally liable for severe crimes, a shift from the previous minimum age of 14. This legislation underpins the legal framework for prosecuting the students involved in the Handan case [para. 2]. Notably, Professor Gao Weijian of East China University voiced concern that harsher punishment might not effectively protect minors or prevent crime [para. 3].

According to the "White Paper on Juvenile Prosecution Work (2023)" by the Supreme People's Procuratorate, juvenile crime rates first declined, hitting a low in 2020, before rising again. In 2023, there were 97,000 juvenile crime cases reviewed, up from 55,000 in 2020 [para. 4]. Data highlights that crimes such as theft, rape, group fighting, robbery, and fraud are prevalent among juveniles, with theft remaining the most common [para. 5][para. 6].

Public data on juvenile crime is incomplete, with insiders attributing this to limitations in statistical methods and recent enforcement measures. This obscurity raises challenges in accurately assessing trends [para. 8]. The reduction in violent crimes among minors, such as intentional homicide, suggests rarity in severe acts; however, younger individuals committing crimes are increasing [para. 9].

The national prosecutor's office reports a growing number of criminal cases among younger juveniles, especially those aged 14 to 16. In 2023, over 10,000 cases were noted among this age group, a 15.5% year-over-year increase [para. 10]. Multiple factors contribute to the rise in juvenile crimes, including the aftereffects of the COVID-19 pandemic and delayed judicial processes [para. 11].

A critical analysis of the nature of juvenile crimes reveals that theft has consistently been a predominant offense, driven by financial needs and consumerist desires among minors. Collective criminal activities and repeat offenses are notable characteristics. The increasing incidence of rape among juveniles correlates with early sexual development and awareness, coupled with both improved reporting mechanisms and increased legal awareness [para. 12][para. 13].

Experts urge the need for judicial flexibility and proper educational interventions for minors. For instance, non-prosecution initiatives for minor offenses help keep youths out of the criminal justice system, though this varies depending on the severity of the crime [para. 14].

Large-scale community, familial, and societal interventions are critical to addressing juvenile delinquency proactively. For example, in the case of the Handan murder, lacked preventive measures. Enhanced adherence to regulations, like restricting minors from internet cafes, might have averted the situation [para. 24][para. 25].

Schools are identified as vital in preventing juvenile crime, with experts suggesting improved monitoring for early signs of delinquent behavior, such as truancy. Investigations reveal that most juvenile offenders come from troubled backgrounds, indicating a breakdown in support systems [para. 31]. Data shows that minors who commit crimes often have lower education levels and come from dysfunctional families [para. 36].

To effect meaningful change, comprehensive community involvement, including better judicial education and effective implementation of specialized educational measures, is essential. For minors who are not criminally liable due to their age, specialized corrective educational institutions play a significant role, but their effectiveness depends on proper enforcement of these systems [para. 39][para. 40][para. 41].

In summary, juvenile delinquency in China demands an integrated approach involving legal reforms, educational intervention, and stronger community and family support systems to address the multifaceted issues leading to such behavior.

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