Recently, the amendments to the Criminal Law (11) were submitted to the draft. The criminal responsibility ages were reduced, the sexual assault of special responsibilities, and the clauses of the prison on the university were subject to the prison.

On October 15, Ruan Qilin, a professor at the University of Political Science and Law and the former vice chairman of the Criminal Law Research Association of the Chinese Law Association, accepted an exclusive interview with China News Weekly.Ruan Qilin said that some terms in the criminal law amendment (11) responded to social concerns, and at the same time, the sentencing of criminal acts was more detailed. In the future judicial practicein accordance with.

At the same time, Ruan Qilin also believes that the current correction education of minors will stay more at the theoretical level. In the future, more manpower, funds, and institutions will be needed to solve the problem of widespread minor crime.

Mainly targeting social voices and the claims of the victim's family

China News Weekly: What do you think of the criminal responsibility age in the amendments to the Criminal Law (11)?

Ruan Qilin: The provisions of this clause require a specific plot before they have been reduced from the original 14 to 12 years. This adjustment is very local. It is mainly aimed at some voices in the society and the claims of the victim's family.No matter.It states that the circumstances must be harsh, cruel, and despicable. It is limited to this specific crime. With the approval of the Supreme People's Procuratorate, criminal responsibility should be held, so this regulation is limited to a very small range.

This provision is particularly worth noting: if the age of criminal responsibility is not held and criminal responsibility does not reach the age of criminal responsibility, if necessary, the government will come forward to conduct special correction education.

In fact, this regulation involves a wider face: it includes both the 12 years old and less than 14 years old and the death of intentional homicide, but it has not been approved by the Supreme People's Procuratorate, and includes the age of 14 years., Those who do not reach the age of criminal responsibility.This situation accounts for a greater proportion in actual life, and its strength is quite large, involving the stability of social security.

China News Weekly: In domestic judicial practice, the status quo of education education does not seem to be optimistic?

Ruan Qilin: This correction education was previously called an accommodation and education system, and there are work schools and the like.Later, the law changed, so the policy was not very clear, so there was a certain disconnection and vacuum.Now that I change it, this may reflect the establishment of a new institution.In the future, this area may be more applicable, and government professionals will take this part as a special matter.

The introduction of new regulations may lead to preparations for personnel, policies, and funds.If it is really caught in this regard, then in addition to severe criminal crimes, some of the previously light and less managed people will control it, which will really have a greater change in social security and crime prevention.

If he is not attacked, he may always stop it

China News Weekly: What do you think of the provisions of sexual assault on special responsibilities?

Ruan Qilin: I think this is particularly important.Because my country's criminal law stipulates that the crime of rape is to use violent coercion and violate the wishes of the woman. For young girls under the age of 14, they also constitute rape.

Women who have reached 14 years of age are actually not very mature.In addition, there is a special point that people who have a specific responsibility relationship with her, such as monitoring, doctors, coaches, and teachers. This special relationship sometimes forms a certain control. It uses an advantageous position to use the spirit and material of others to use the spirit and material of othersDependence, this seemingly does not seem to be violent coercion, the other party is willing, but he uses the characteristics of the relationship between people.

China News Weekly: The issue of minors involved in this draft is relatively prominent, and it has also been supplemented and improved on the crime of adultery young girls.

Ruan Qilin: This is the same as the general direction of sexual assaults with special responsibilities. It is a stricter punishment for sexual assault minors. It is clearly applicable to serious situations such as young girls who are less than ten years old or causing a young girl.penalty.

It is still a social concern, and the media reports under the age of 10 years, especially infants and young children.This situation is very difficult to accept emotionally, causing the public's anger, so it is stipulated here to increase the punishment.

China News Weekly: How is it reflected in the specific content?

Ruan Qilin: An adultery is under 10 years old, and the start is more than 10 years in prison.In the past, the relationship with young girls under 14 years old, whether or not, was rape, usually a heavy penalty of more than three years and less than ten years. Now it is a large grade.

In addition, it is particularly worth mentioning that the aggravated plot of obscene children has been refined.This kind of crime is multiple or more people, more than ten years or more or more. This provision is in line with the criminal characteristics of the crime of obscenity. This criminal has certain biological factors, often a serial crime, such as a teacher, such as a teacher.Moisture dozens of students and so on.If he is not hit, he may always stop.

China News Weekly: In addition, the public is more concerned about the difficulty of identification of sexual assault at the legal level.

Ruan Qilin: The judicial identification has occurred in two aspects. One is that there are sexual intercourse, and the second is to adopt a means of violent coercion.The first point is generally good.The second point generally requires evidence to prove that the use of violence is used, and it is necessary to determine that it is against the will. This requires some realistic judgments and traces of violence.

Appears in response to social concerns

China News Weekly: What do you think of the rush to replace the amendments to the criminal law?

Ruan Qilin: I think this is a response to public opinion.When the scholars met at the time, I said that this specifically stipulated that this, the scope involved was a bit of a taste.I suggest that you can establish a crime of using the national examination results of others, including the results of college entrance examinations, legal examinations, civil servants examinations, etc. In addition, adding an illegal crime of providing test answers. These are issues involving national examination results.good.

China News Weekly: Why is this amendment clause so detailed?

Ruan Qilin: Refining will lead to lack of use, rarely use, and there is no problem that the strike is too large.Too much coming in handy is the same as the drunk driving. The highest number of cases in the previous case was theft, and the second was the harm. Now the drunk driving is the first, everyone is a little annoying.

China News Weekly: Why have no change in some pockets that have been criticized for so many years?

Ruan Qilin: The real law is reflected in justice.In the end of the legislation, justice is not used, it is a zombie clause, such as provoking trouble and the crime of triad organisms. Now there are more than before. This is not to say that the law has changed, it is a change in judicial standards.