Children have always been the future of the motherland. At the 14th meeting of the Standing Committee of the 13th National People’s Congress, China proposed to review <the law on the protection of minors>. The revised draft proposed for deliberation will focus on campus security, student bullying, sexual abuse of minors, minors’ addiction to the Internet and other issues. The hope of the Chinese people is to close the loopholes in the protection law. Because recently, a minor homicide in Dalian, China, pushed the law on the protection of minors to the forefront of the wave. Everyone deplored it and hoped that China would meet problems and solve them.
In Dalian, China, a 13-year-old minor cheated a 10-year-old girl into her home in an attempt to rape and brutalize the victim, then brutally killed her afterwards. The whole crime was astonishing and angry. The murderer has been identified, but there are still several doubts about the case itself. In the process of swindling the victim home, the parents of the perpetrator are all at home. It’s impossible for the girl not to call for help in the whole process. Don’t the parents of the perpetrator react at all? With the amount of bleeding seen at the scene and the blood drenched on the whole throwing Road, how did his parents completely not know? And a week after the case, no apologies of any kind have been shown by the big criminals. The appeal of the victim may not be realized for a lifetime, because “under the age of 14, legal liability shall not be investigated in accordance with the <law on the protection of minors> in China.
Before the murder, the perpetrator had a “criminal record”. Several women living in the same community voiced their real names, saying that they had been followed by this person, and even directly followed home, asking if anyone had. The characteristics of the juvenile murderer are 170 in height and 140kg in weight. Let alone the girl who is only 10 years old. Even if he is going to attack the adult women, even the adult men, he cannot be prevented. Why should he be exonerated because he is still two months away from the age of 14? Who is protected by the law on the protection of minors?
Last year, there was still a horrific “12-year-old minor killed his mother” incident in China. After the cruel killing of his own mother, the murderer left a chilling sentence in the police station: I killed my own mother. It’s impossible for the school not to let me go back to school, right? In the shadow of the law on the protection of minors, such indignant and helpless events have almost become the norm.
The fatal loophole of the juvenile protection law makes some minors know the law and break the law. Each of these vicious events has its own cruelty, but the results are the same: if a minor commits a crime, he only needs to criticize education, and his guardian will pay for it at most. One side of the victim can’t tell. Some children have lost their lives. Some children have to live in the shadow all their lives.
Of course, we can’t blame the juvenile protection law because the juvenile protection law is the major law of China to protect minors, and we can’t blame it because of the individual cases. We hope that the juvenile law should give full consideration to the punishment of some juvenile crimes, and according to the constantly changing new situation, we should innovate more and protect the minors in an all-round way.
After the exposure of the case, the netizens once again had a heated discussion, saying that we should reduce the criminal law, apply age, and strengthen education. But even if we reduce the applicable age, can we really reduce the incidence of juvenile violence? Can we really do justice to the victims? What if the age of crime gets smaller again and again in the future? From 14 to 12 to 10? Let alone the impossibility, there have been cases in the United States, where a 10-year-old girl murdered a six-month-old baby and is now charged with first-degree murder as an adult, and has to appear in court every time. American netizens have the same judgment on the 10-year-old killer: she is 10 years old, not 10 months old. She knows what she is doing and what the consequences are. The point is “whether we know the consequences of the murders”. Referring to the practice of common law system, we can judge whether the murderer knows the danger of his behavior subjectively by evidence. For example, judge whether the murder is premeditated, whether the place of throwing the corpse is suspicious, whether there is concealing evidence, handling evidence, hindering the investigation and other behaviors. This concept is not new for a long time. It is called “malicious complement age rule” in academia. At the same time, the guardian also has the inescapable responsibility.
Fortunately, the members of the Standing Committee of the Chinese people’s Congress are in the initial deliberation on the revised draft of the <law on the protection of minors>, and the <law on the prevention of juvenile delinquency> is also being revised. When similar things happen again, I hope that every minor can be treated more justly, because it is life.