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The author:(作者)qqpublished in(发表于) 2014/6/4 9:37:18 Experts say the juvenile criminal gangs， most likely into the underworld
Non-Beijing citizen minors, now more generally known as Beijing "the immigrant second generation" of teenagers, is the absolute majority of juvenile delinquency in Beijing
Law weekend reporter Chen Xiao
3 non-light background of the Jing nationality juveniles make brutally beat another teenager, related video being circulated on the Internet and turn red, the Beijing police for 30 hours to solve the case.
Almost simultaneously with the fermentation with interesting networking events, the Beijing Municipal higher people's Court (hereinafter referred to as Beijing high people's Court) held a press conference, issued the 2013 Beijing Municipal Court case report on General trials of minors (also known as the white paper), juvenile crime over the past year of relevant statistical data, analysis and relevant proposals for the detailed presentation.
Launches full network events not mentioned above, not of Jing nationality of juvenile delinquency, that should be the next annual report focuses on objects. However, relevance is clearly not just the two diverging reports show that non-of the Jing nationality of juvenile delinquency problem, also attracted special attention from the Justice Department.
Non-Beijing citizen minors, now more generally known as Beijing "the immigrant second generation" of teenagers, is the absolute majority of juvenile delinquency in Beijing. And this is nothing new, recent data has been repeatedly confirmed.
According to the Beijing high people's Court presiding judge of the Trial Division in minor cases Zhao Deyun introduced over the past year, a minor decline in the number of offenders sentenced by the Court, a total of 1053, declined by about 15%.
"On the whole, in five years, the city's juvenile court convicted juvenile offenders is on the decline. ”
Zhao Deyun said in Beijing last year before a court properly according to the law of a number of major sensitive cases. He specifically referred to the concern of five rape cases such as Li, "as part of the special status of the accused, case sensitive, it became the online reviews rate ranks first in the country in cases", two levels of courts insist on equality before the law, according to, "are Internet users generally agree that making good legal and social effects".
Law reporter over the weekend to get the white paper said that in the past year, Beijing juvenile convicts, "four high" features still apparent: male offenders, and offenders aged 16 to 18 years of age is more than 90%, offenders closer to 80% junior high literacy, high percentage of juvenile delinquency not of Jing nationality, 65.3%.
The report made no mention of the type of crime is concentrated. According to the Beijing grass-roots Court juvenile court judges to rule of law reporter over the weekend, year crime is more common, such as assault, theft, robbery, stirring up fights and cases.
Zhao Deyun specifically said that 2013 tough crimes against the interests of minors, which are all about one-third of the total number of juvenile criminal cases.
"Statistics displayed, against minor humanity interests of criminal cases main rendering following features: a is 14 age following minor people suffered sexual against of proportion high, about accounted for 80%; II is field to Beijing workers personnel children easy suffered sexual against; three is harm people and victims became acquainted with degree high, often uses student, and fellow, and neighborhood, relationship, near victims implementation modus operandi; four is crime means comparison hidden, more used spoofing, and intimidation, and threat, means, on minor people for spirit control. ”
From the "problem family"
Beijing high people's Court research found that almost every "problem child" behind a "problem family".
Report says most minor violations or excessive Coddling, pampering criminals family or guardians and their children together to commit a tort. Furthermore, single parents, divorced restructuring structural instability of the family who are more prone to extreme, contradictory, disappointment, emotions such as hatred, severe cases will be on the road to delinquency.
"The movement of foreign minors usually work, living and housing instability, once stuck in schooling, employment disadvantage, such as failure or lack of security, usually increases the chances of delinquency. ”
Not report pays special attention to the Jing nationality, "problem child" loss of custody.
Especially living minors to the capital alone, they prematurely separated from their parents ' custody, away from home, "the huge economic gap and material temptations tend to get lost in and embark on offences led astray".
Judges hearing the case found that they often struggle to get in touch with the parents of those accused, because the parents themselves have year round out of, or are divorced, separated, isn't willing to accept custody.
"It affected both the interests of minors-related lawsuits, is not conducive to education and treatment for minors. "Zhao Deyun said.
CUPL Professor Pi Yijun, Director of juvenile delinquency and Juvenile Justice Research Center, leading to two major causes of the floating population crime: one big city crime greater opportunities; the second is discrimination against immigrants develop a sense of imbalance.
Pi Yi for the rule of law told reporters over the weekend, while the prevention and control of the city is much stronger than the countryside, but because of the big economic disparity, crime opportunity too much; and migrant population will be subjected to a series of social discrimination, such as lack of local urban household registration did not enjoy equal treatment, discrimination faced by economic status, for example caused by a miscarriage of Justice, as well as the reality of discrimination.
"It is not difficult to observe, in reality if the case occurs, children from rural and urban children, often from rural children are more likely to be suspected, are more likely to be caught the detention center, are more likely to be sentenced. "Art Army says.
"A sense of relative deprivation, they (rural children) think they have a hand also work hard, yet with a difference in the lives of the local people, a series of discrimination and lack of sense of balance scales makes them more vulnerable to crime. "Yi said," they think that this (crime), they can't lose anything more. ”
In fact, juvenile crime overwhelming not of Jing nationality, not just discovered by the Beijing high people's Court.
As a long-standing expert on juvenile delinquency, Yi told law reporter over the weekend, three city of North Canton, floating population crime accounted for more than 70% to 80%, has become the norm for many years.
Chaoyang District, Beijing people's Procuratorate statistics from 2008 to 2011, 4 cases of juvenile delinquency, also found the percentage of non-Beijing citizen closer to 70%. In 2012, the Daxing District people's Procuratorate disclosed data also said the Prosecutor's Office in the handling of juvenile criminal cases, not of Jing nationality at 70%.
Compared to previous years ' data, not 2013 Beijing nationality of juvenile delinquency ratio declined slightly, but still occupy Beijing juvenile delinquency of an absolute majority.
Beijing high people's Court in this year's report is also concerned that an easily overlooked problem, namely field in Beijing for migrant children are more vulnerable to sexual assault.
This is also associated with custody of missing. Reports indicate that being subjected to sexual abuse of minors, mostly children of migrant workers, because their parents are busy with their livelihood, immaculate care of children, criminals can take advantage of it. And they are the cause of delinquency-prone groups here--working parents spend little time on them.
Sentencing inequalities are also present, but in the past two years there has been a gradual improvement.
Mentougou district people's Court Juvenile Court presiding judge Yang Chang explained to the media said that Beijing's caution to the minor criminals sentenced by the Court in the past, mainly because of Beijing's community corrections Agency does not accept the correction of non-Beijing citizen objects, while the juvenile defendant's domicile does not have the correct conditions. In 2012, Beijing issued a series of dense on juvenile delinquency criminal policy in education, probation, save, this changed.
In 2010, the Beijing high people's Court of juvenile Chambers of three judges wrote an article mentioned this issue. Articles said, by limited to various causes, then City Court in criminal cases in the carried out social investigation (refers to on is not adults character features, and family situation, and social dating, and growth experience, and in school situation and implementation was allegations crime before and after of performance, situation of investigation) of object main limited Yu Beijing household of minor people, and due to social investigation report may became on is not adults sentencing of important reference pursuant to, this a defects will indirect led to on Beijing household and field household minor people sentencing, and In particular the application of non-custodial sentence is not balanced.
By 2012, media survey found that this phenomenon has been changed, such as when Beijing men-TOU Vallely probation juvenile delinquency Court non-Beijing citizen has reached two-thirds, Xicheng District Court that ratio by more than half.
Household equity cure
In the survey, Beijing high people's Court found that the inward movement of minors of information management in Beijing has not yet been fully achieved a shared collection, use, sharing, there is still a certain degree of statistical discrepancies, the bases are not clear.
For an existing record of bad behavior, and on the brink of crime flows of foreign minors, Beijing also without early intervention and effective supervision and management and control measures. In addition, due to lack of guidance and help, ex-exotic flow minors easy recidivism.
In this connection, the Beijing high people's Court suggested that strengthening supervision and management of rental housing in the community of the floating population, minor foreign flows into the scope of information stewardship, helping and supporting early intervention and placement. For example, in communities, street units for inward movement of minors register filing, recording their schooling, employment status, and so on.
Minors vulnerable to violations of rights and interests, Beijing high people's Court also recommended exploring the establishment of prevent child abuse against minors "mandatory reporting" system, that is, when you know or have sufficient reason to suspect child abuse, corporal punishment by parents, teachers or others hurt, must be reported in a timely manner or alarm failure should be punished.
There are judicial interpretation of obligations provides for mandatory reporting of sexual abuse of minors, but Beijing high people's Court of juvenile court judges held that the mandatory reporting obligations to abuses such as child abuse is inevitable.
Pi Yi believes that in the process of urbanization, high crime rates of immigrants are inevitable phenomena. Essentia is nothing more than promoting equality between household; root-cure need to pay more attention to educating the children of migrants into the city after the employment and equal treatment issues, elimination of all forms of discrimination.
"I expect (big city crime rates of immigrants) 70% above this ratio will still continue for some time, also have the potential to increase. Real momentum for minor offenses had occurred, adding, the last may go toward, and should be taken seriously. "Art Army says.
(Original title: milk Nishimura juvenile joy of sorrow)
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