November 15，The 43rd issue of "Shandong University Law High-end Forum" was held in Huagangyuan, Qingdao Campus。Professor He Ting, Vice Dean of Beijing Normal University Law School, gave an academic report titled “Systematic Reflection on ‘Crime and Punishment’ of Young Minors”。Lecture by bet365 app、Professor Zhou Changjun, Dean of Law School (Weihai), presided over，bet365 appProfessor Feng Junwei、Associate Professor Dong Guiwu, Qingdao University Law School、bet365 appAssociate Professor Zhao Heng serves as the negotiator。
The beginning of the lecture，He Ting pointed out，Whether the current legislative or judicial legal measures are effective in responding to the illegal crimes of young minors is actually judged around the following three issues: 1，Is the illegal crime situation of young minors serious；Part 2，Is it serious Bet365 sportsbook reviewfor young minors to commit serious violent crimes；Part 3，Is the response to the illegal crimes of young minors effective。To this，His preliminary answer is: the current legal measures are less effective in responding to the illegal crimes of young minors。Subsequently，He Ting conducted a systematic reflection on the "crime and punishment" of young minors from the following three parts。
Bet365In this section，He Ting first analyzed the provisions and practices before the revision of the "Law on the Prevention of Juvenile Delinquency"，Point out that there are loose ends and tight ends in the intervention of delinquent minors、Relatively complete within criminal justice、Basically blank situation outside of criminal justice。He thinks，Punitive measures have limitations，The specific performance is: 1，for punishment、The applicability and deterrence of punishments whose main purpose is to deter young minors are questionable；Part 2，The punishment execution method designed with adults as samples and isolated from society is not suitable for the physical and mental characteristics of minors，It may even provide “help” for him to commit another crime in the future。After that，Punishment measures other than punishment，He introduced the protective punishment measures and graded intervention system established by the revision of the "Law on the Prevention of Juvenile Delinquency"，Specifically includes the 9 corrective education measures stipulated in Article 41，No. 43、Specialized educational measures stipulated in Article 44 and special corrective education measures stipulated in Article 45，For bad behavior、Serious bad behavior and criminal behavior，The corresponding intervention measures are different。
Second, there are practical difficulties in protective measures and graded intervention.In this section，He Ting made a detailed analysis of the practical difficulties after the revision of the "Law on the Prevention of Juvenile Delinquency"。He pointed out，There is an "idling" phenomenon in the protective measures and hierarchical intervention system，The specific performance is: 1，There is a serious shortage of resources in vocational schools，Specialized educational measures and specialized corrective educational measures “have nowhere to go”，Existing vocational schools also have low correctional standards、Classification and graded education and correction have not yet been achieved、Obviously insufficient closed-loop management area and other issues；Part 2，The public security organs lack specialized and specialized case handling personnel，Use public security penalties or criminal case filing standards as the dividing line，Only simple education for minors who cannot meet the standards for punishment or filing a case，Cannot handle professional processing；Part 3，In the procedures applicable to specialized education and specialized correctional education，There are difficulties in realizing the functions of specialized education committees，The provision in the "Law on the Prevention of Juvenile Delinquency" that the education administrative department shall jointly decide on the application of procedures with the public security organs also has practical difficulties。
Third, there are practical loopholes in the prior minor protection system.He Ting thinks，The fact that minors eventually embark on the road of illegal crimes reflects the practical loopholes in the prior minor protection system，Specifically reflected in the network protection of minors、Sex education for minors in schools、Establishment of student bullying prevention and control system、Performance of mandatory reporting obligations of schools and corresponding teachers、Family education and family responsibilities, etc.。He thinks，The growth environment has an important impact on the physical and mental health of minors，Rely only on hindsight、Downstream justice system is not enough，We must also pay attention to the prevention of minor crimes on the front end。
bet365 casino live blackjackConversation session，Feng Junwei pointed out，On the issue of illegal crimes by minors，Be aware of domain law，With open、Looking at it from a systematic perspective、Solve the problem。At the same time，He emphasized that what is outside the criminal law is still within the law，We must have the concept of prevention，Cannot only consider the post-processing judicial procedures。Dong Guiwu starts from the perspective of substantive law，Point out that in addition to the function of punishment, criminal law also has a preventive function，At the same time，He raised questions about the way correctional education is carried out。Zhao Heng pointed out，In many areas where laws intersect，We must pay special attention to the unity of legal order，He believes that in practice there is a problem of neglecting the impact of Internet development on juvenile crime，We should pay more attention to this。
Question session，He Ting discussed the juvenile justice policy proposed by the students、Responded one by one to the practical effects of the "Law on the Prevention of Juvenile Delinquency" and other issues。
Zhou Changjun finally summarized the lecture content，Emphasis on the need to pay attention to the illegal and criminal phenomena of minors，Strengthening research on legislation and justice for minors。
Speaker’s introduction:He Ting，Vice Dean of Beijing Normal University Law School and Criminal Legal Science Research Institute，Professor、Doctoral Supervisor，Beijing Normal University Juvenile Prosecution Research Center、Executive Director of the Juvenile Procuratorial Research Base of the Supreme People’s Procuratorate。Main research areas are criminal procedure law and juvenile justice，Published dozens of academic papers in journals such as "Legal Research" and "Chinese Law"，Published many academic works。Served as deputy director of the Ninth Procuratorate of the Supreme People’s Procuratorate。Concurrently serves as the executive director and deputy secretary-general of the China Criminal Procedure Law Research Association。
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