Zang Tiewei Tradition

The withdrawal of asylum education from the historical stage is a great progress in the history of rule of law in China. The system of detention and reeducation is a compulsory administrative measure to educate and reform people who have committed crimes but have not been punished under the age of 16. The fourth paragraph of Article 17 of China's Criminal Law stipulates that those under the age of 16 who are not subject to criminal punishment shall be ordered to be disciplined by their parents or guardians; When necessary, it can also be taken in for reeducation by the government. This is undoubtedly a kind of protection for juvenile delinquency.

In recent years, violent crimes committed by minors frequently appear in newspapers, which greatly stimulates the public's nerves. Earlier, at the press conference held in early August this year, Zang Tiewei, spokesman of the the National People's Congress Standing Committee (NPCSC) (NPC) Law Committee, said that preventing juvenile delinquency is not a problem that can be solved simply by increasing punishment. Generally speaking, we should still adhere to the policy of education, probation and salvation for minors who commit crimes, and adhere to the principle of giving priority to education and supplementing punishment. Can't it be simpler for minors to commit crimes, especially minors who are not subject to criminal punishment because they are under the age of 16? Turn it off? , also won't? Let go? We should make full use of the system of detention and reeducation stipulated in the criminal law.

Since its establishment, the system of asylum and reeducation has played a positive role in the historical development, but at the same time it has exposed some defects. Because it has been implemented with reference to the reeducation-through-labor program for many years, the reeducation-through-labor has not been separated from the traditional centralized management of prison reeducation-through-labor, so there have been such problems as? Only attach importance to detention, ignoring education and correction. Are there shelters and uneducated people? And other phenomena. In addition, it has also been reported that the long-term detention of minors and juvenile offenders in custody will easily lead to cross-infection and have a negative impact on their healthy physical and mental growth. Being labeled as a criminal too early can easily make these children hate society, and it is difficult to integrate into normal social life, and it is easy to embark on the road of crime again.

Two different systems are designed for juvenile delinquents and minors with serious bad behavior: special education and compulsory education. Specifically, special education is undertaken by the education administrative department, mainly to educate and correct minors with serious bad behavior, which is decided by the education administrative department and coordinated by the judicial organs.