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Juvenile law amendments focus on protection not punishment

By WANG YIQING | CHINA DAILY | Updated: 2020-08-13 00:00
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The draft amendment to the Law on the Prevention of Juvenile Delinquency, which was reviewed by the Standing Committee of the National People's Congress on Tuesday, says that the country should enhance construction of specialized schools for educating juvenile delinquents.

Under China's existing laws, no matter how serious the charge, suspects below 14 cannot be arrested as they are below the age of criminal responsibility. However, with the media frequently exposing serious crimes committed by some juveniles, there have been increasing demands to reduce the age of criminal responsibility. Some others worry that juvenile delinquents will harm their peers if they return to school.

Addressing the public concern, the draft amendment to the Law on the Prevention of Juvenile Delinquency makes several changes to the law. However, instead of lowering the age for criminal responsibility, the draft amendment proposes education in specialized schools for the juveniles who have committed serious offenses. The lawmakers are giving top priority to safeguarding minors' rights and interests rather than punishing them.

The draft amendment suggests specialized schools be built for juveniles who have committed serious offenses as a part of the national education system. Provincial-level governments are expected to incorporate construction of such specialized schools into the overall planning of economic and social development.

The draft amendment also suggests setting up a special education advisory committee to evaluate whether the juvenile offenders should be sent to specialized schools, demonstrating the inclusive and prudent principle in the process of legislation.

Juvenile delinquency is a complicated issue in almost every society, affecting not only the juveniles and their families, but also social harmony. It is good to see the draft amendment giving priority to educating rather than punishing the juvenile offenders. Such specialized schools might help some juvenile offenders to return to the right track.

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