"Lifelong tainted" intimidation education is not advisable
2022-06-06
Recently, the Supreme People's court, the Supreme People's Procuratorate and other departments jointly issued the measures for the implementation of the sealing up of juvenile criminal records, which made it clear that materials involving juvenile cases should be sealed as much as possible. All materials in the criminal procedure of minors shall be encrypted and kept and shall not be made public before the end of the proceedings; If a people's court, after making a judgment according to law, is sentenced to a penalty of not more than five years' imprisonment and is exempted from criminal punishment, the relevant departments shall take the initiative to seal up the relevant criminal records of minors in their possession. However, those whose prison terms exceed five years shall not be sealed up. This is an important measure to implement the law on the prevention of juvenile delinquency, ensure that minors released after serving their sentences and receiving community corrections enjoy the same rights as other minors in terms of school resumption, further education and employment, and prevent discrimination. Strict "sealing" of juvenile delinquency records and community correction records can prevent these minors from being labeled all the time, so as to protect their legitimate rights and help them smoothly reintegrate into society and prevent crimes. Therefore, as soon as this method was published, it received a generally positive public opinion evaluation. However, it is worth noting that this is only one aspect of eliminating discrimination against minors released from prison and receiving community correction. In reality, there is still a "market" for the educational view of "one crime, life-long stain", and even intimidation based on this view is used to "guide" minors to abide by the law. For example, some teachers or parents talk seriously about the consequences of violation of rules, laws and crimes, such as "one time of dishonesty, life-long stain", "one time of cheating, life-long stain", "one time of crime, life-long stain", etc. This seems to have the effect of frightening children, but in fact it is a simple, crude and wrong "rule of law education". If children are not clearly explained the rules of correction or punishment in specific situations in accordance with the law, and they are aware of their own rights, responsibilities and obligations, they will not be able to cultivate their awareness of rights and responsibilities. According to the law, the records of minors receiving special corrective education and special education, as well as the records of administrative punishment, criminal coercive measures and non prosecution, and the criminal records of minors should be sealed up according to law. This will be a "stain" in the file records, but it will not affect the normal study, work and life, and will not be washed away. In this regard, there are also views that question whether this will in fact lead to the protection and connivance of juvenile delinquents. The provision that those whose prison terms exceed five years will not be sealed up can be regarded as a balance between punishment and protection, or can dispel people's doubts. Minors have been subject to community correction, administrative punishment or criminal punishment for serious misconduct, violation of laws and crimes. On this basis, the punishment should not be expanded. If a crime is committed, it will become a "stain" that accompanies them throughout their life, resulting in their inability to study, work and live normally, which is not in line with the principles of human nature, and will also aggravate contradictions and make them abandon themselves and break their tanks. After all, they also have the right to study and obtain employment. The society should encourage them to "turn back" and to educate, influence and save them, rather than abandon them. The "remnant" of the similar concept of "one crime, lifelong stain" will make the "should be sealed" face practical resistance. Moreover, there are also many kinds of private behaviors that people label minors who have bad behaviors and crimes. Therefore, it is a systematic problem that how to make minors who have serious bad behaviors or are suspected of committing crimes be corrected and punished, and not let them be labeled as stigmatized. Such "bottom logic" may be necessary to stick to: they are a member of all children and society, and they cannot be "kicked out" or marginalized. This is not only not conducive to the return of these minors to society, but also goes against the requirements of the modernization of social governance. Only by practicing the rule of law and eliminating discrimination can we better educate and influence the minors who have gone wrong. (outlook new era)
Edit：Yuanqi Tang Responsible editor：Xiao Yu
Source：
Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email：lwxsd@liaowanghn.com
Recommended Reading Change it 
Home
