<br>16-year-old Li Qing (a pseudonym),, and four classmates at a gas station robbed money and goods worth nearly 700 yuan.<br> <br>If there is no subsequent judgment,, this is an ordinary robbery together. Chongqing Shapingba District People's Court sentenced them before were investigated, with voluntary labor substitution quantify their criminal fine.<br> <br>This is the first in the country since, and so far only together.<br> <br>Voluntary labor substitution penalty<br> <br>Lee Ching decided to start stealing money at the gas station when only 16 years old.<br> <br>He is Guizhou, Chongqing, a mechanic at the school. Children this age the first time away from home, holding steady living expenses do not know, ten days of school, have spent all the money.<br> <br>September 19, 2007 morning, Li Ching in the proposal, he and four classmates waiting at a nearby gas station. They stole a bag, which has a mobile phone, 200 dollars, and some daily necessities. In the escape process, a classmate of Li Ching was caught, after four others were also apprehended.<br> <br>Five children are from rural areas in Guizhou, the family can not afford even the full amount of tuition. When the 2008 case the respondent to Shapingba District of Chongqing City People's Court, their parents can not afford to play Chongqing tolls, can not appear in court.<br> <br>"If this case is similar to the case in accordance with the magnitude of the penalty penalty process, that there will be 'justice IOUs'." Shapingba District People's Court trial full-time committee members said Yang snow, these children can not afford to pay the fine home for them.<br> <br>They are not an adult, still in school. Doctrine sentenced to how to achieve the juvenile suspects education, rescue, transformation, to make them successfully return to society in the future?<br> <br>Snow Yang said that this is indeed a problem. They are home to study abroad, the regulatory conditions are not perfect. If a non-custodial sentence, unable to consider what effect. For example, these children are not sincere repentance, is not no social harm, which are unable to comment.<br> <br>Juvenile crime criminal penalties, is to strike a balance between indoctrination, punishment and relief. But for minors to take non-custodial measures, the trend is already widespread in the world today. As opposed to the execution and imprisonment correct way, minors crime has become a community correction basic academic and practical sectors consensus.<br> <br>"We have been repeatedly discussed,GJ2W0wg6vU, that can put a certain amount of volunteer work into judgment before the inspection." Said Yang snow, their performance in the process of voluntary labor to make examine the contents of specific, quantifiable and volunteer work can also be an alternative penalty,nike air max pas cher, "Put on the verdict before the study period, they would have expected the decision, will try to do."<br> <br>Suitable for harsh conditions,, still the solitary case<br> <br>Between March and April 2008,, setting a good 30 days of the study period, which will be in five students after school by a teacher with a "volunteer" status to community volunteer work, community every day someone recording their performance situation.<br> <br>"They change very, very polite," said Yang snow,p32VTEK148, teachers and community residents for their impressions are very good, "in addition to investigation officers, who do not know their identity, thought it was a volunteer."<br> <br>During the investigation, the prosecution is responsible for supervision. "Prosecutors will not notice in the case of schools and students, quietly look at their performance." Said Yang snow, after the expiry investigation, the prosecutor will evaluate the comments and told the court sentencing recommendations.<br> <br>In general, Lee Ching similar cases such fines in the range of about 2000 yuan. However, they volunteer work during the mission is "capitation", "according to the nature of work they are engaged, according to the Chongqing Municipal similar wage industries, to replace part of the penalty." Said Yang snow.<br> <br>"They study the case of labor procedures and obligations is also written into the judgment in detail." Said Yang snow. In June 2008, Li Ching was convicted of robbery and sentenced to 1 year, probation for one year and six months and fined 800 yuan.<br> <br>In fact, a similar manner of execution in many countries have applied. In the United States, for the community correction of juvenile delinquents, there is a center for juvenile delinquents sanctions, including compensation and social services. In New Zealand, juvenile delinquency in the community to participate in paid services, the use of a rest day to earn money to compensate victims.<br> <br>However, more than three years have passed, until today, Shapingba judicial practice was a solitary case, the same does not apply to criminal punishment again.<br> <br>"Mainly because the applicable conditions are harsh." Yang snow that require concerted effort with all kinds of social resources, such as schools to meet teachers, community workers and the community to have professional assistance, prosecutors want to be involved in monitoring visits, "to find a suitable community it is not easy, but also arranged for them to work to ensure that minors under the premise of the completion of their studies, of course, but also to find the child in this age group in the labor suitable way. "<br> <br>"Below" brains, "upper" breakthrough limited<br> <br>Yang snow with the "brains" to describe the trial Lee Ching's case, however, the existing legal framework, so there is no express provision alternative punishment.<br> <br>July 2003, the Supreme People's Procuratorate, Ministry of Public Security, the Ministry of Justice issued the "Notice on community correction work pilot", clearly will minor offense, subjective vicious little juvenile offenders as the focus of Community Correction .<br> <br>This was seen as the legal basis for Community Correction System.<br> <br>In the pilot areas of community correction,louboutin soldes, the correction distinctive way, some emphasize psychological intervention mechanism, some focusing on skills training, career guidance, as well as concerns legal education. As for how to use, there is no applicable order and rule, and there is no more specific legal norms and supporting systems support.<br> <br>This is one of the juvenile criminal law process of long-standing abuse. Currently, the judiciary in various parts of the country are based on "education, probation and saving" approach to the handling of juvenile delinquency cases, investigators explore system characteristics suitable for minors in criminal cases, but the existing legal system concerned, provisions for dealing with juvenile delinquency are very scattered, "the Constitution", "Criminal Law", "Criminal Procedure", "Protection of Minors Act" and relevant judicial interpretations are involved, but neither stable nor complete.<br> <br>"The biggest breakthrough is the" Code of Criminal Procedure Amendment (Draft) "in the addition of special handling juvenile criminal cases of special procedures." Said Yang snow.<br> <br>"Code of Criminal Procedure Amendment (Draft)" Article 263, paragraph 2, states: "The people's courts, people's procuratorates and public security organs for minor crimes, protection of minors should exercise their legal rights, legal protection of minors helped by the familiar physical and psychological characteristics of minors judges,indian remy hair, prosecutors, investigators conduct. "<br> <br>The draft also stipulates that during the trial, the defendant is under 18 years of age cases heard in public.<br> <br>"Breakthrough reflected in the draft program," said Yang snow, a lot of exploration is to the entity both. From not detected at the prosecution, the trial court's small court, to suspend prosecution, to suspend judgment system,YlfIMGkbfe,piumini moncler outlet,M5TAh3oGNq, to the community correction system, eliminate criminal record systems, also have a physical content of these experiences both procedural,doudoune moncler pas cher, "but revision does not absorb the contents frontier. "<br> <br>Southwest University of Political Science Professor dimensional Jian said that China now exploring the juvenile justice system is "under hot, cold above", has not been from the national level for an effective system of juvenile justice in the creation of practice to perfect the legislation.<br> <br> Share: welcome to comment I want to comment<br> Microblogging Recommended | today's hot microblogging (edit: SN034)<br>
DavidCadogan.ca Forums » DavidCadogan.ca
Bvy79LfF4v
(1 post)-
Posted 10 years ago #
Reply
You must log in to post.