Legal class notes

The legal aid center of Shanxian County Wang Zhaoyang lawyer

The teacher and classmates, hello:

Today, I came to the alma mater Shanxian County East High School and teachers, students explore learning how to prevent juvenile delinquency and crime subject,I feel satisfied.

The students daily life in the sun, your life is happiness, not only has the superior learning environment, at home by parents and relatives and loved, but you know what? In the sun to the corner, there are still some with you children of the same age do not like you have free and happy, he have become abuse others, harm of young offenders to others, and some become criminal violations of target, became victims innocent. So, what are the reasons for some young people took to the road of crime, what is the reason that some young people are often innocent harm? After practice, deep thinking and work we found, some of them because of the legal ignorance, do not know what is the crime, or to ignore deliberately defy the law and law, fall into a wrong path, either because of the lack of awareness of self-protection and become criminals.

Today, I will in some cases combined with my practice to the students focus on how to prevent the juvenile delinquency and youth from how the unhealthy social harm, to protect their own safety.

First, to me to talk aboutThe legal system of the protection of minors,The age of criminal responsibilityAnd legal educationThe problem.

Its a,The legal system of the protection of minors.

"Minor protection law" the provisions of article second defines the minors, namely minors refers to persons under the age of eighteen. As we all know, youth is "the sun at eight or nine in the morning", are the future and hope of the motherland, are the future builders. Mr. Liang Qichao said: "young Chi Chi, junior strong guoqiang". The party and the government has always attached great importance to education and training, in the fundamental law of the state "constitution" and the basic law "," criminal law "Criminal Procedure Law" and other laws, have special provisions section, the legitimate rights and interests of minors to provide legal protection. The state also separately in1991Years,1999Years of the promulgation and implementation of the "law on the protection of minors" and "law on the prevention of juvenile delinquency" and other special laws to protect the physical and mental health of minors, safeguard the legitimate rights and interests of minors, cultivate good conduct of minors, effective prevention of juvenile crime. In order to build the legal system to protect the multi-directional, multi-level minor.

Second, the age of criminal responsibility. We middle school students are mostly12Years to15Years old? Some students may ask: so much for our students, if breaking the law will not be subject to criminal penalties So our legal punishment for minors have what provisions? The provisions of the criminal law, to the full14With the age of16Years of age, the crime of intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion, poisoning crime, criminal responsibility shall be borne.Under sixteen years of age are not subject to criminal punishment, his parents or guardian shall be ordered to discipline;When necessary, can also be taken in by the government.So, do not said, discontent14Minors can do as one pleases, without restriction.

The purpose of the legal education, some with science may say, we are good children, not to do evil, that we Is it right? Will not need a legal education? We conduct legal education for students, one of the purposes, is to let your child know how to enhance the sense of law, crime prevention, do a good student of the law, the purpose of two, is to teach you to enhance protective consciousness of their own, learn how to He Yuan from harm, to protect their own safety, healthy growth.

Second then to teenagers, and how to keep away from the harm and prevention of juvenile crime? The following combination of law and case analysis

With the development of China's opening policy, unceasingly thorough, the socialist market economy continues to improve, our comprehensive national strength increasing. However, with some negative effects become more and more, eroding the various Western decadent ideas, some adverse impact on the social culture and other subjective factors, caused by the high rate of crime in our country, especially some juvenile (minor) crime is a thermal head rises year by year. According to the statistics and analysis of relevant data, the current juvenile crime shows "Wuduoliang", "Five" property crime in the majority, crime, gang crime increased continuously increased, increased crime, crime and more students. "Two" is the subject of crime of younger, more adult crime.

Whenever I see in the case of juvenile defendant that little face, full of confused eyes and mixed feelings of remorse and shame tears, my heart is heavy as their parents and teachers. At the same time also prompted me to think deeply about how to prevent the juvenile delinquency.

Juvenile delinquency is a special social phenomenon, it is a comprehensive reflection of various subjective and objective factors. The inner and outer dialectical materialism as theory is applied to the study of juvenile delinquency problem, we summed up the following conclusions: juvenile bad behavior, violation, illegal behavior experience, often become the inducement after illegal crime. Analysis on the causes of juvenile crime, not only has the effect of three aspects of family, school, society and causes, but also should never adults itself, physiological, psychological analysis of minors, analyze their status in society and their main experience, on this basis to the comprehensive evaluation of other factors impact on juvenile delinquency. Only in this way, can we find why the same environment, some students excellent in character and learning, become useful to our country, but some jailed on a criminal.

A large number of facts prove, "bad behavior--Illegal activities--Criminal behavior "is often the three step offenders experience. Bad behavior is a slight illegal or contrary to the social morality behavior. Bad behavior is negative behavior, does not constitute a crime, but the malignant development of bad behavior is likely to lead to crime, the implementation of bad behavior is the beginning of the minor to the road of crime, crime prevention, prevention of crime must eliminate micro Dujian nip in the bud. "The prevention of juvenile delinquency law" article fourteenth lists the nine kinds of bad minors illegal action (a) truancy, night not marriage; (two) carrying knives; (three) fight; (four) forced others to ask for money; (five) theft, deliberate destruction of property; (six) participation gambling or disguised Saibo; (seven) watch listen to pornographic, obscene books audio and video products, etc.; (eight) into the legal, regulations are not suitable for juveniles into commercial singing and dancing halls and other places; (nine) other seriously violates the social morality is not good behavior. The existence of different levels of the action part of the students in the part of the school of our county, more attention should be paid to the students. If you allow someone to continue, the deterioration of the development, may become serious bad behavior, although not subject to criminal punishment, but punishment, because of its serious harm to society, bring misfortune their family to disrupt the normal social order and public safety, but also to the minors, become a factor affecting social stability. "The prevention of juvenile delinquency law" thirty-fourth article lists nine categories of seriously adverse acts carried out minors method: (a) gathering people to create trouble, disturb public order; (two) carrying knives, incorrigible; (three) several times to intercept the assault or forcing the cable to the property of others; (four) disseminating obscene books or audio-video products; (five) are promiscuous or pornography, prostitution; (six) repeatedly stealing; (seven) participation in gambling, incorrigible; (eight) smoking, injecting drug use; (nine) other acts of serious harm to society. With the above seriously adverse acts of minors is close to the edge of crime, if not reined in, will fall into the abyss of crime.

Practice case below I combined with laws, regulations and the trial, the common multiple of juvenile crime, harm to individual, family, society caused by the illegal and criminal acts, should bear the legal responsibility, respectively analyzing:

(a) gathering people to create disturbance, beating the consequences

In this case, assault causing slight injury, but not serious enough for criminal punishment, the public security organ according to the "Public Security Management Punishment Law" provisions of article forty-third:[To beat or deliberately hurt others body punishment]Beating others, deliberately hurt others identity, place the following more than five days to ten days in jail, and200Yuan500Yuan fine, if the circumstances are relatively minor, five days detention or500Yuan fine. Any of the following circumstances, department for more than ten days to fifteen days detention, fine500Yuan1000Yuan fine.

1Beaten, gang, harm to others;

2The disabled, pregnant women, assault, injury, people under eighteen years of age or over the age of sixty people;

3, repeatedly beaten, hurt others an assault, fraud people. Penalties should compensate the loss. If the cause of injury, serious injury, death, according to the different situation, will be in accordance with the "PRC Criminal Law" the provisions of article 230th of the crime of intentional injury or the provisions of article 231st of the manslaughter conviction and punishment.

"Criminal law" the 232nd stipulation: the murderer, sentenced to death, life imprisonment, or more than ten years; if the circumstances are relatively minor, three to ten years in prison.

"Criminal law" the 234Th stipulation: deliberately hurt others body, causing minor injuries, was sentenced to three years, criminal detention or control of serious injuries, three to ten years in prison; causing death or by especially cruel means that lead to serious injuries resulting in severe disability, ten years imprisonment, life imprisonment or death.

The above situation in our county school students have occurred.1999Years1In the Shanxian County people's court Chen of the crime of intentional injury. Chen16Years old, the former Department of Shanxian County No.2 Middle school students, and the school female students fall in love, and the same is the second student to other schools students Lee heard after the conflict, Lu Mou to their disadvantage, so both sides gathered their classmates, friends, standby brawl. In the1998Years10Month20On the afternoon of5When Xu, Chen invited students5People, at the time of the evening in Shanxian County Dongguan electronic game hall and Lu Mou invited students to meet, as the saying goes Meeting enemies open old wounds., both full of smell of gunpowder. So they came to Shanxian County in south of the T-junction, later Lu Mou invited people first started it, cuff and kick the accused Chen, Lu Mou invited students to beat Zhang Chen, Chen did not suffer, Zhang Chen will be broken in a lime pile, Chen grabbed a lime on Lu Mou's face, see this situation, and continue to chase after Chen Chen, a fruit knife to carry, Zhang's tattoo to be center, dirty, died on the way to hospital. After the mediation, the Chen family compensation Zhang7Million yuan. This is the civil compensation, after hearing the law, Chen was sentenced to the crime of intentional injury.

The case is in the fight process, others will hurt to death, was convicted of the crime of intentional injury. In real life, some students and socially illegal law collusion, in defiance of state law and social morality, fighting activities through the crowd to seek stimulation or pursue certain mean to gas meet or desire to excel over others, hegemony, the elder brother loyalty, for the female friend of affray, without causing serious injury or death. The consequences of the behavior, how to deal with? "The 292nd article of the criminal law" provisions "of affray, the chief and other active participants, three to ten years in prison: (a) many times affray of affray; (two) more people, large scale, bad social impact; (three) in a public place or traffic routes of affray, causing serious public disorder; (four) an affray". This is the criminal law of the crime of affray.

There are people who they beat the others or to minor injuries; death caused public beatings; dirt repeatedly to the person throwing stones, loss; chase intercept women cause bad effect; gang armed chase intercept women; and the vulgar language abuse others scandal; in the urban and rural markets take strong force, disrupting the normal trade, the scandal; note the loss penalty, occupied property, causing great loss caused public outrage, many times to the vehicle, residential throwing stones dirt, causing serious consequences, the scandal; in public places, creating a disturbance, causing serious disorder in public places. The above phenomenon, is because the act in defiance of the state law and social morality, aggressive pursuit of illegal activities, mental stimulation, to fill the spiritual emptiness. The destruction of the social management order, stir up trouble behavior, will be in accordance with the "criminal law" article293Provisions, to stir up trouble crime, is less than five years imprisonment, criminal detention or control. "Criminal law" article293Provisions, one of the following acts of creating trouble, is less than five years imprisonment, criminal detention or control (a) and they beat the others, if the case is serious; (two) chase intercept, abuse others, if the case is serious; (three) take strong force or intentionally damaging the possession of public or private property, if the circumstances are serious (; four) in public places, creating a disturbance caused by serious disorder in public places. If the people's Court of Shanxian County2002Years3Month trial Xing a stir up trouble crime belongs to such a situation. Mr. Xing17Years old, the original single city a middle school student. In the2000Years2January12During the month, with a Shanxian County school student Liu * * (18Years old), without beating West of Shanxian County high school students Liang Mou etc.5People, by2Minor injuries,3People slight injury. A family of compensation to the victims of Xing total economic loss12000Yu Yuan, Hou Xing by our hospital to stir up trouble crime, sentenced to.

In the above two cases can be seen, a person of a crime will be severe sanctions I shall be governed by the laws of the external, caused harm to the victim, on both sides of the family also caused varying degrees of damage. At the same time, the social governance case also caused harm. Through the above two cases, I think that the students pay attention to the following points: (a) not to trouble others, not to fight, and students and others such as conflict, can through the school, parents or report to the relevant government departments, coordinate and solve the problems, not because of a momentary anger fights, in prison, causing life-long sorry; (two) do not carry knives into the school, for the incorrigible, detention, fines by the public security organs; (three) to strengthen the concept of law, and establish a law-abiding consciousness, strictly abide by the laws, regulations and social public morality; (four) in strict accordance with the "day-to-day code of conduct for students" demands on themselves, do a qualified students.

(two) seriously adverse acts each intercept assault or forced to ask for the property of others from the crime only one step away.

In recent years, illegal acts have seriously adverse acts of minors against the interests of others increased, caused the attention of whole society, many serious misconduct juvenile frequently by its peers or younger juveniles infringed object, manifested as multiple intercept beaten or forced to ask for the minor property, and reached maturity illegal purpose.

Juvenile why minors implementation of wrongdoing? Because the minor contact each other more, physical, psychological, intellectual development is similar, the probability of success is for adults to implement behavior illegal behavior. And the victim's age is still small, easy to generate fear of them, which have seriously adverse acts of minors can oppress the weak, the implementation of illegal behavior. Many minors to commit several intercept beating others demanded others bad behavior, because the behavior of juvenile thinking is simple, the consequences for bad behavior, lack of knowledge or superficial understanding, often act will produce a kind of pleasure, the pleasure will drive them to seek stimulation, which leads to the occurrence of the for serious misconduct intensified and can easily lead to crime.

"Public Security Management Punishment Law of the people's Republic of China" (hereinafter referred to as "Public Security Management Punishment Law") forty-ninth[The theft, fraud, plunder, robbery, extortion, blackmail, damage to public and private property and punishment]Theft, fraud, plunder, robbery, extortion, blackmail, damage to public and private property and punishment is the following more than five days to ten days detention, and may concurrently impose a fine of five hundred yuan; if the circumstances are relatively serious, department for more than ten days to fifteen days detention, can impose a fine of one thousand yuan.

"Criminal law" article 263rd, article 267th, article 274th provisions of robbery, robbery, blackmail and impose exactions on crime. The three kinds of crime is for the purpose of illegal possession crime. Robbery, refers to all the people of the property, the custodian on the spot the use of violence, coercion or other methods, forced the public or private property take action; snatch crime refers to the candid, open and fly large amount of public or private property behavior; and blackmail and impose exactions on crime refers to the use of threats or threat to the solution, strong the cable is large amount of public or private property act.

In real life, the society go many teenagers, graduation of junior high school or business, some people have nothing to do all day, and the hotel, electronic game rooms or Internet cafe, a little money parents to do not satisfy the abnormal consumption desire their, unwilling to support oneself, or steal or rob or blackmail and impose exactions on. And finally reached the point of no return -- the road of crime.

For example:2007Years9In the Shanxian County people's court Huang x, Tian x x, Zhao x x, Zhang x x, Wang x with white *, Liu x robbery. The above is just over16Years old, they are fool around all day, night not marriage, and game rooms, Internet cafes. They were in2007Years3Mid night9When the,3Month21On the evening of10When the,3Month23On the evening of9Pm,3Month24On the morning5Pm,3Month28On the evening of8PM, a middle school in the surrounding crazy crime, take language threats, assault, robbery students mobile phone two, ten million yuan in cash. Caused a minor injury, one minor injury. They were each sentenced to robbery3Years6Month,3Years in prison, each person shall also be fined10000Million yuan. Compensation for the victim15000Element. This is the result of the crime, is sitting in the classroom learning time. But their several people sitting in the transformation of the prison.

Another example is the Shanxian County court2002Years8Month trial fan blackmail and impose exactions on case, discontented fan * * single town village when committing a crime17Years old, after graduating from junior high school early society, migrant workers, fear of hardship, but also not to earn money. And a bad influence, very envious of the rich life, their family life difficult very helpless. Qiao village in accounting2People go to a cash withdrawal, that the two families, dark born blackmail ideas.2002Years4Month2Day one night, fan wrote a threatening letter, loaded with "the Ministry of Radio Film and television" the people's Republic of China on the envelope, requirement village accountant two people will10Million yuan in cash on the Cun Dong Da Keng Bian Cun, accounting for two of newspaper. Some throw waste paper to the designated place. Fan is not achieved, the same month28Day, fan X and wrote a threatening letter, requirement village accountant two people will6Million yuan on the village a village hospital. Second, people still throw a pack of paper. After the public security organs investigation and timely detection, fan was sentenced to.

Give a robbery case, the defendant is certain, the21Juye County, Beiguan village. The defendant is certain after graduating from junior high school, has been followed his father self-employed business, made some a mercenary friend, he likes playing computer games, into the dance hall, to do the individual earns a are not spending their own. Then he related the big idea, he speed gold from a foreign film footage of the inspired, so together with fixed XXX (at large), in2001Years2Month10On the evening of9Xu, two people ride a Jincheng100Motorcycle license plate number is two people (paper paste live. In Shanxian County near the West Lake single town Shanxian County theatre, with trailing accelerated, take people unprepared, robbed the victim he can bag a in cash880Yuan and deposit cosmetics; two people on the morning of second July11PM, take the same way, grab the victim Zhang cloth in a nearby Shanxian County Xinguang weaving factory gate, in cash50Yuan and Philips mobile phone (value1240Yuan). In the2001Years5On the defendant Shi Shengwei by the Shanxian County court to robbery and sentenced to a fine4000Element.

Through this case, I think that students should pay attention to the following points: (1) to abide by the law, not out of the hotel, electronic game rooms, Internet cafes and other places (2) during the period of school, to learn than, than those who do good, but not wear than to eat and drink. Learning to see the good learning, and wear, look down. (3) should from set up to get rich through honest labor, people gain undesirable (concept4) when they encounter unlawful infringement, to fight, to dare to struggle. And timely report to the parents, schools, teachers, police; (five) should enhance self-protection capability, and strive to achieve "was" actively prevent the victim, effectively avoid infringement or two into light the extent of the victims in the "victim", effectively save in killed and mutual aid, and effectively prevention of victimization and repeat victimization again.

(three) influenced by yellow thought, and embark on the road of crime.

In recent years, a number of lawless elements, the forget honour at the prospect of profits from abroad, lost some publicity pornographic publications or audio-visual products, some criminals to domestic, copy the work about pornography, violence, gambling and other health hazards of juvenile books, audio and video products, electronic publications, seriously poisoned the social ethos.

But the bad culture in "spread by Internet of things", make people impossible to guard against.

The scientific achievements of the century, is its extensive speaking, perhaps is the "Internet". "Internet" its interactive, concealment, convenience the world into one. People suddenly found, information dissemination, has no national boundaries, language, race, as long as the mouse, all kinds of information to you come in waves, and brought great convenience to people's life and work. But "every advantage to have a harm", "the Internet" technology rapid development at the same time, it also became a breeding ground for garbage information and communication, some are called "computer heroin" yellow, bet, poison and reactionary political information and decadent lifestyle in the rapid spread of the Internet, the people thoughts, especially the influence deeply harmful teenager's mind, become the direct cause of crime under certain conditions.

In recent years, the bad culture through the online dissemination speed, range increasing rapidly, with the increase of network bandwidth, Download porn, more efficient image, content more scabrous, corrosion on people's thoughts, more harm to the youth, should cause height to take seriously,1In western countries, political at all times in the use of their own advantages in the media, to instill Chinese and other third world countries of Western values and way of life, to shake Chinese traditional cultural and moral values, as the western strategic interests, to China political, economic aspects, spread rumours to create trouble in network warfare be on the wrong track, wary the world is not random.2Online information, conduct, teems with yellow, pornographic pictures, images, according to the "Guangming Daily" report, report on a survey of Western institutions that, just click on the Internet, the average7There is a click to yellow web site, some of the business for the purpose of "Internet cafes, computer room" for teenagers to watch pornographic websites do not stop, but this as bait to attract young people at a profit.3The harm, academic, reactionary, yellow online information on young people is obviously, youth obsessed, killed the pursuit of an ideal, spirit power hard, in sensory stimulation and unable to dial. According to the report:1998Years to1999Years obsessed with yellow, violence gambling, superstition and computer games by an outstanding middle school students and the fading become criminals National hundreds of people, even if some self-control of college students, but also some of the month immersed in online yellow pictures and images, all regardless of their studies, will drop out of the home, heavy crime, criminal scholars regard the effects of yellow culture on juvenile delinquency to summarized from three aspects, one is induced by the minor curiosity, arouse the sense of mystery, easy to make them try feeling, two is instigated by, do not understand fully understand, not the will of the plenary session, day of doubt is the biggest instigator. Three is not devoid of the adult moral and legal sense, in the yellow culture are defy laws human and divine, loss of human things, minor due to identify the control force is poor, easy assimilation, identity, imperceptibly distorted their normal ideas, a good book, or maybe make a hero, a bad book, a bad video, a yellow web may create a number of criminals, in which philosophy afford much food for thought.

A court in Shanxian County every year to hear a few pieces of middle school students by pornography and embark on the road of crime cases. Such as2002Years trial of Wu Moumou rape (Wu Moumou, Zhang Ji Xiang middle school students, as a weak just over15Years, the watch yellow books, not from the dial, a five year old village) statutory rape;2001Years trial of Wei and rape (Wei x, a Heze secondary school students, crime time5Day not to16Years of age, the watch yellow information online, some have a maggot in one's head, together with others, will be a female classmate of rape);2002Years of trying, he Feng Moumou rape,2007Years of trial, Xing x Li Mou rape, is watching the yellow books, yellow video and click on a yellow website have a maggot in one's head to go the road of crime, students must take warning.

"Public Security Management Punishment Law" of the people's Republic of China sixty-eighth[The dissemination of pornographic information]Production, transport, sale, rental copy, obscene books, pictures, videos, punishment of audio and video products, obscenity or use of computer information network, telephone and other communication tools for dissemination of pornographic information, department for more than ten days to fifteen days detention, can impose a fine of three thousand yuan, if the circumstances are relatively minor, less than five days detention or a fine of five hundred yuan.

"Criminal law" the provisions of article 236th[The crime of rape]By violence, coercion or other means to rape women, three years or ten years in prison, "rape complaints14One young girl, in order to rape shall be given a heavier punishment ", several students mentioned above, technical secondary school students by the Shanxian County court sentenced, both in prison or prison release.

Through this story, students must pay attention to the following aspects:1, books, audio-visual products don't watch communication with obscene content, more not to the Internet to watch pornographic information, light shall be detained or fined, shall be investigated for criminal.2, at this stage, it is the physiological and psychological immature, self control ability is poor, don't fall in love, in the male, female behavior too early, so as not to affect the learning and healthy growth in the future.3After school, to go home as soon as possible, don't didn't come home one night, lest by external infection, to the illegal crime road.