当前位置：首页 > News > Campus statement
Lecture notes on juvenile legal knowledge
Today I'm going to teach you some general knowledge of law so that you can play a role in your future study and life.
We know that our time is an information age, students can receive a variety of new things through a variety of channels, including healthy, there are some unhealthy things, can you distinguish clearly? Have you ever thought that your daily words and deeds must be bound by the law, the law is supreme, inviolable, who violates the law will be punished by the law.
Then, what behavior is a crime? To avoid crime, this is the first thing that students should know clearly.
All property endangering the sovereignty, territorial integrity and integrity of the state, splitting the state, subverting the people's democratic dictatorship and overturning the socialist system, undermining social and economic order, infringing on state-owned property or collectively owned property of the working people, infringing on private property of citizens, infringing on personal rights, democratic rights and the rights of citizens Other rights, as well as other acts endangering society, which should be punished in accordance with the law, are crimes, but if the circumstances are minor and do not cause much harm, they are not considered crimes.
There are three basic characteristics of crime:
(1) crime is a kind of behavior that endangers society, that is, crime has social harmfulness.
(two) crime is a violation of the criminal law, that is, the crime has criminal illegality.
(three) crime is a punishment that should be punished, that is, it should be punished.
You are all minors. Juvenile delinquency is an act that minors endanger society, violate criminal law and should be punished. It is noteworthy that Article 17 of the Criminal Law of China limits the age and types of juvenile delinquency. Article 17, paragraph 1, of the Criminal Law stipulates that a person who has reached the age of sixteen shall bear criminal responsibility for a crime, which means that any person who has reached the age of sixteen who commits any of the criminal acts stipulated in the Criminal Law shall bear criminal responsibility. This stipulation is based on the actual situation in China and has reached the age of sixteen in China. People, because of their considerable physical and intellectual development, and a certain degree of social knowledge, have the ability to distinguish between right and wrong, good and evil, therefore, they should be required to bear criminal responsibility for all their criminal acts.
Article 17, paragraph 2, of the Criminal Law stipulates that "a person who has reached the age of fourteen or under the age of sixteen shall bear criminal responsibility for the crime of intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion or poisoning." In this way, people who have reached the age of fourteen and under the age of sixteen have generally acquired the ability to recognize in fact, but because of their younger age, their intellectual development is still imperfect, their lack of social knowledge and their inability to recognize and control their own behaviour, they are therefore unable to do so. The scope of criminal responsibility should be limited by their ability to bear criminal responsibility, and they can not be required to bear criminal responsibility for all crimes. Therefore, China's criminal law stipulates that "people who have reached the age of fourteen and under the age of sixteen shall bear criminal responsibility only if they commit the eight crimes stipulated above". It can be seen that the law also protects the minors and punishes them.
Then some students will say that I am not yet fourteen years old, here I want to tell you, if you commit a crime when the age is not up to the boundaries of criminal responsibility, the national law or punishment measures, such as public security penalties, sent to reeducation through labor, sent to school correction, and so on. At the same time, I don't think a person's path to crime is formed overnight, as the saying goes: a thousand miles of dike, collapse in the ant nest. If we have developed all kinds of bad habits since childhood, it will be very difficult to correct them later. Normally, we do not pay attention to learning scientific and cultural knowledge, do not pay attention to stipulating our own words and deeds, do not do things according to various rules and regulations, and will eventually lead to great mistakes. Here, I give my classmates a few real cases of minors who made a big mistake because they didn't know how to regulate their behavior with the law and didn't understand the concept of crime. One was a 14-year-old high school student's drug addiction case in 2006, which happened one afternoon in April last year and the student himself. The next day, the pupil at a nearby elementary school drank the poisonous ice bag and died soon. After the case was solved, the poisoned middle school student regretted it. He said he had no intention of killing people and thought that the pupils would only have diarrhea if they ate it. However, serious consequences had already been caused. The pupil's regret could not replace the punishment of the law. According to the provisions of the Criminal Law, the poisoning caused serious injury and death was punished for more than 10 years. Imprisonment, life imprisonment or death penalty. The student was sentenced to ten years' imprisonment.
Then tell the students about a case that happened in 2006, the defendant Liu was only 15 years old, was originally a high school student, in an accidental situation into the Internet cafe to play, feel very amusing, then often to the Internet cafe to play, and then has been addicted to playing Internet cafes and games, but parents do not give money, how to do it, he thought One day, when he was playing in the playground of a middle school, he saw his classmate Fang Mou. Liu went up to Fang Mou to give him money and threatened Fang to say, You
The examples listed above are only a few typical cases. I know some students are actually very smart, but he does not have to study, but used in mischievous, like to play hard to win, nothing to annoy other students, such as others walking when he suddenly stumbled; some students like to hit. Some students do not care for public property, deliberately destroy public goods; some students bully small, no money to buy food to eat, no money into the game room, forced to ask for small and weak classmates and so on are not allowed by law, if the circumstances are serious, it will be punished by law, also It means that you can play yourself in the class room if you are brave. So here I want to tell the students that they must listen to the teachers and parents, abide by the law and discipline, especially in the game room, Internet cafes, dance halls and other places, students must not go in, because that kind of place is easy to come into contact with some unhealthy things, from the practice found many such cases: some usually perform better Good students, is because in the game room, Internet cafes, dance halls and other places to meet a number of people who are not three or four after being taken bad, and finally to the road to crime.
Next, I will talk to students about how to strengthen self prevention of crime.
Students in the growth process, sometimes encounter a variety of illegal violations, such as being blackmailed, beaten, robbed and so on, once encountered, how to do? We should enhance our discernment and learn to protect ourselves. National laws are made to protect all legitimate rights and interests and punish all kinds of illegal acts. That is to say, when our legitimate rights and interests are violated by criminals, we should take up the legal weapons to protect ourselves. When facing danger, students should be tactful and brave to fight against criminals. Fear of criminals, if any, encourages the arrogance of criminals and enables them to commit crimes without fear.
The so-called self-prevention of crime refers to the various measures and methods taken by individuals to reduce the possibility of victimization and protect themselves. According to the provisions of Article 40 of the Law on the Prevention of Juvenile Delinquency, the self-prevention consciousness of juvenile delinquency mainly includes two aspects: on the one hand, it refers to the juvenile through strengthening cultural accomplishment And legal knowledge, consciously resist all kinds of bad behavior and illegal and criminal acts of lure and infringement; on the other hand, refers to minors in the crime after infringement should be through legal channels, timely safeguard their legitimate rights and interests.
Specifically speaking, it mainly includes four aspects:
1. Minors should abide by national laws, regulations and social public norms.
Practice has proved that it is not easy for minors to rectify their bad habits once they have developed them, and it requires more effort. Therefore, minors should abide by national laws, regulations and social public norms everywhere in their daily life and study. They should respect social morality and form good habits from an early age. Strong self cultivation, self regulation, self improvement, consciously resist the temptation of illegal behavior.
(two) establish a sense of self respect, self-reliance and self-improvement.
Self-esteem, self-discipline, self-improvement is a positive attitude towards life, but also for minors to self-prevention and win social protection. If the minors are willing to degenerate, there is no point in helping the outside world.
(three) enhance the ability to discriminate against right and wrong and protect oneself.
Only when minors learn knowledge well, enrich social life experience and exercise various abilities, can they have a clear understanding of illegal and criminal acts. In order to distinguish right from wrong, minors should also strengthen physical exercise, strengthen the physique, so as to help minors in the case of violence, timely escape or legitimate defense, so as not to be subjected to arbitrary violations of criminal acts.
(four) to strengthen minors' awareness of safeguarding their legitimate rights and interests by law.
In addition to the above, minor children should also know what measures should be taken to combat crimes. Based on practical experience, we suggest that students should remember two points when they are encroached upon by illegal and criminal acts.
Firstly, students should take the protection from illegal and criminal acts as their primary task, do not advocate you to fight with criminals face-to-face, it is wise not to panic, and then try to get rid of or to the adults around, or dial the "110" alarm.
Secondly, if students find themselves being or have been illegally infringed, they should take the right way to solve. If timely reports are made to schools, families or other guardians, parents, teachers or schools may come forward to stop the illegal infringement, or they may report to the public security organ or the competent government department. For example, in the previous case of Fang Mou, he did not protect himself through the proper way, if he was robbed by Liu Mou for the first time immediately to his parents or teachers report, will not be robbed by Liu Mou three times and five times. In addition, fighting among students should also attract the attention of students, according to the survey, some students were beaten by classmates, not to report to parents or schools, but their own masters to seek revenge outside, to know that revenge is also illegal, serious plot is to constitute a crime, to be sentenced to prison.
I will tell my classmates another special case of self protection, which is often encountered.