Legal education
The fire of youth, burning for the homeland; the path of youth, glamorous by struggle. Are you aware of your own legal knowledge as a new generation of youth? Please follow the editor and learn about the law for young people
How is the age of adolescents defined
First, there are no legal provisions in force in the country that refer to “juvenile” and “juvenile”, but only to minors. It is obvious that juveniles are minors。
Article 1 of the statute of the young communist league clearly defines the age of members: young chinese people aged over 14 and under 28 may apply for membership in the chinese young communist league if they recognize its statutes and are willing to participate in and actively work in the organization, implement its resolutions and pay its dues. A member who is 28 years of age or older and does not hold an in-mission position shall be required to leave. This means that ycl sets the age of youth at 14-28 years. According to the state council's regulations on the national holiday and commemorative days, “youth day (4 may) is a half-day holiday for young people over 14 years of age”, but this provision does not specify the age limit applicable to the population. In april 2008, following the unification of the state council's office of the rule of law, “youth day” was granted to persons between 14 and 28 years of age。
On 13 april 2017, the central committee of the communist party and the state council issued the medium- and long-term youth development plan (2016-2025), which defines the age range for young people as between 14 and 35 years of age, but when it comes to areas such as marriage, employment and the protection of adults, the age limit is still specified in the relevant laws and regulations. Therefore, there are no clear laws and regulations to specify the age limits for “youth” and it is recommended that businesses continue to follow the 2008 advice of the legal office of the state council to organize youth holidays at the age limit of 14 to 28. Of course, it is up to the enterprise to decide whether to extend the age of the applicable population to 35 years。
What are the laws relating to juveniles
(i) laws specifically protecting minors
1. The people of china
Republic law on the protection of minors
2. Law of the people's republic of china on the prevention of juvenile delinquency
3. Compulsory education law of the people's republic of china
(ii) legislation on minors
1. Constitution of the people's republic of china
2. Criminal law of the people's republic of china
3. Civil code of the people's republic of china
4. Criminal procedure law of the people's republic of china
Iii. What is the division of criminal responsibility for juvenile offences
Article 17 of the criminal law of the people's republic of china provides that: “a person who has reached the age of 16 years commits an offence shall be held criminally liable. Persons who have reached the age of 14 and who have not attained the age of 16 are criminally liable for wilful killing, causing serious bodily harm or death, rape, robbery, drug trafficking, arson, explosion or dropping of dangerous substances. Persons who have reached the age of 12 and who have not attained the age of 14 years and have committed intentional homicide or wounding, have caused death or have caused serious bodily injury to a person, in aggravating circumstances, causing serious disability, shall be held criminally liable for prosecution by the supreme people's procuratorate. Persons under the age of 18 who have been held criminally liable under the preceding three paragraphs shall receive a lighter or less severe penalty. Those who do not receive criminal punishment for having attained the age of 16 shall be ordered to discipline their parents or other guardians, and special corrective education shall be provided as necessary in accordance with the law.”
As can be seen from the above-mentioned article, the minimum age of criminal responsibility has been lowered to 12 years, subject to conditions. In 2019, a 13-year-old boy in dalian attempted to rape a 10-year-old girl in the same district, attempted to kill her with a knife and threw her body into the bush. As he had reached the legal age of criminal responsibility under the act at the time, he had finally decided not to hold him criminally responsible, with a three-year custodial sentence. This case has given rise to considerable social attention and has given rise to major discussions on the crime of minors. The criminal law amendment (xi) act, which was in force since 1 march 2021, provides for criminal liability under “specific circumstances, special procedures” for minors under the age of 12 and under the age of 14, if they commit a serious violent offence, as well as for parents and guardians, and adds provisions for special corrective education of the minor, if necessary, in accordance with the law. This change responds to the public interest。
Article 17 of the criminal law of the people's republic of china defines the criminal liability of young persons for offences committed primarily by minors:
1. A person who has attained the age of sixteen years commits an offence for which he or she is criminally liable. Any person who has reached the age of 16 and has committed any criminal act under the penal code shall be held criminally liable。
2. Persons who have attained the age of fourteen years and have not attained the age of sixteen years shall be held criminally liable for the commission of eight criminal acts: wilful killing, wilful wounding or causing serious injury or death, rape, robbery, drug trafficking, arson, explosion and placement of dangerous substances。
3. A person who has reached the age of 12 and has not attained the age of 14 years commits the following offences and is subject to prosecution by the supreme people's procuratorate: he or she commits the offence of wilful killing, intentional wounding, causing death or causing serious bodily harm to a person by particularly cruel means, causing serious disability。
Iv. Principle of juvenile justice
(i) the principle of leniency
According to article 17, paragraph 4, of the criminal code of the people's republic of china, “a person who has not attained the age of eighteen years and has been held criminally responsible in accordance with the provisions of the preceding three paragraphs shall be liable to a lighter or lesser penalty”. In other words, being under the age of 18 is an aggravating circumstance. Whether to be light or light is determined on a case-by-case basis。
(ii) principle of non-application of the death penalty
According to article 49 of the criminal code of the people's republic of china, the death penalty shall not be applied to persons under the age of 18 at the time of the commission of the offence and to women who are pregnant at the time of the trial. The offence is committed when it is committed. This article shall apply even if the person has reached the age of 18 at the time of the offence。
(iii) the principles of education, correction and rescue
Article 38 of the law of the people's republic of china on the protection of minors provides that: “according to minors who have committed an offence, a policy of education, correction and rehabilitation shall be applied. To uphold the principle that education is primary and that punishment is complementary.” article 44 of the law of the people's republic of china on the prevention of juvenile delinquency also clearly states: “criminal responsibility is imposed on minors who commit crimes, in accordance with the principles of education, reformation and rescue, and in keeping with the principle that education is the main and that punishment is complementary.” this sets out in law the basic principles to be followed by the judiciary in dealing with criminal cases involving minors. The principles of education, reformation and rescue require that the judiciary properly deal with the relationship between punishment and education in cases involving minors. Education must be given a prominent place, in keeping with the principle of the predominance of education and the complementary nature of punishment, and in dealing with cases of minors, care must be taken to ascertain the facts and to educate and reform them in a timely manner. Education and corrections are important at all stages of the proceedings。
(iv) case-by-case principle
The division of cases refers to the separation of proceedings between cases of minors and those of adults, their separate detention and their separate execution。
Separation of proceedings refers to cases where the minor has committed or is implicated in a crime with an adult, and is dealt with on a case-by-case basis, provided that the proceedings are not impeded. Article 40 of the law of the people's republic of china on the protection of minors clearly states: “the public security organs, the people's procuratorates and the people's courts shall deal with cases of crimes committed by minors, taking into account the physical and psychological characteristics of minors, and may establish specialized agencies or designate persons as necessary”. Article 20 of the regulations of the supreme people's procuratorate on the handling of criminal cases involving minors by the people's procuratorate clearly states that: “the cases of minors who have been prosecuted by the people's procuratorate in connection with crimes committed by adults shall be dealt with separately, without prejudice to the consideration of such cases.”
Separate detention refers to the separation of minors from adults when coercive measures such as detention, arrest and so forth are applied to minors. Article 41 of the law of the people's republic of china on the protection of minors clearly states: “the public security organs, the people's procuratorates and the people's courts shall supervise minors in pre-trial detention separately from the adult detainees.” article 46 of the law of the people's republic of china on the prevention of juvenile delinquency also clearly states: “a minor and an adult who is detained, arrested and punished shall be held separately, administered separately and educated separately.”
Separate execution refers to the enforcement of sentences and decisions in force against minors, which are separated from adults and cannot be placed in the same premises in order to prevent adult offenders from having a negative impact on juvenile offenders. Article 41, paragraph 2, of the law of the people's republic of china on the protection of minors clearly states: “a minor who has been sentenced by a people's court to serve a sentence shall be held and administered separately from an adult who has served the sentence.” article 46 of the law of the people's republic of china on the prevention of juvenile delinquency clearly states: “when juvenile offenders are subject to punishment, the executive organs shall strengthen legal education for juvenile offenders and provide them with vocational and technical education. For juvenile offenders who have not completed compulsory education, the executive body shall ensure that they continue to receive compulsory education.”
(v) principles guaranteeing the procedural rights of minors under the law
In the course of criminal proceedings, a minor is guaranteed, in addition to his or her procedural rights as a criminal suspect and as an accused person under the code of criminal procedure, the special rights he or she enjoys as a minor are carefully implemented:
1. Right to be present at the meetings of legal representatives。
2. The right to be assigned a defence。
(vi) principle of closed hearings
Article 152, paragraph 2, of the code of criminal procedure of the people's republic of china provides that: “all cases of crimes committed by minors over 14 years of age and under 16 years of age shall be heard in camera. Cases of crimes committed by minors over 16 years of age and under 18 years of age are generally not heard in public.” article 45, paragraph 2, of the law of the people's republic of china on the protection of minors provides that: “all cases of crimes committed by minors who have reached the age of 14 and have not reached the age of 16 shall be heard in public. Cases of crimes committed by minors who have reached the age of 16 and have not reached the age of 18 are generally not heard in public.” paragraph 3 also provides that “in cases of crime committed against a minor, the name of the minor, the domicile, the photograph and any information that may be inferred from the minor shall not be disclosed in news reports, video programmes, public publications”
The principle of closed trial means only that the proceedings are not public and that the pronouncement of the judgement shall be public. However, according to article 31 of the certain provisions on the trial of criminal cases of minors: “the judgement in criminal cases of minors shall be pronounced in public, but may not take the form of a general assembly”
(vii) principles of comprehensive investigation
The principle of full investigation means that when dealing with cases of minors, judicial officials cannot be satisfied with the investigation of the facts and evidence of the case solely for the purpose of punishment. A thorough examination of the physical and psychological condition of the minor and his or her living conditions, as well as medical examinations and psychological and psychiatric judgements, are also required for educational and rescue purposes。
The principle of full investigation extends throughout criminal proceedings and is not limited to court investigations. The principle of comprehensive investigation allows for a comprehensive understanding of the lives, development, personality, quality, etc. Of those who have not achieved it, as well as the causes and conditions of the crime. This not only facilitates the proper handling of cases, but also is necessary to educate and rehabilitate them in the right ways and means。
V. How should adolescents defend themselves when they are harmed
Relevant provisions of the civil code of the people's republic of china:
Article 1779 [scope of compensation for damages to persons]: in the event of injury to another person, compensation shall be paid for reasonable expenses incurred for treatment and rehabilitation, such as medical, nursing, transportation, nutrition, hospital feeding, etc., as well as for reduced income due to lost work. Compensation should also be paid for the cost of assistive devices and for disability; in the event of death, for funeral expenses and death。
Article 118 [responsibility of the guardian]: a person who is incapable of civil action or who restricts the capacity of civil action to cause damage to another person shall be held liable for infringement by the guardian. A guardian who has exercised his or her guardianship may be relieved of his or her responsibility for violations。
A person who is incompetent with property, or who restricts the civil capacity to cause damage to another person, shall pay compensation from his or her own property; the insufficient portion shall be compensated by the guardian。
Article 1 889 [delegation of custody]: a person who is incapable of civil action, a person who restricts civil capacity to cause damage to another person, a guardian who entrusts custody to another person, shall bear responsibility for the infringement of rights; a trustee who is guilty of an error shall bear responsibility accordingly。
[presumed liability of educational institutions for personal injury to persons incapable of civil action] article 1999: if a person who has no civil capacity is physically harmed during his or her studies or life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall bear responsibility for the violation; however, if it can be proved that he or she has fulfilled his or her educational or administrative duties, he or she shall not be liable for the violation。
[the responsibility of educational institutions for personal injury to persons with limited civil capacity] article 1,200: persons who restrict their civil capacity to suffer personal injury during their studies and life in schools or other educational institutions and who fail to perform their educational or managerial duties in schools or other educational institutions shall be held liable for violations。
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