The Supreme People's Court was informed on the 16th that the situation of juvenile delinquency remains severe, and the problem of school violence cannot be ignored. Over the past three years, the number of juvenile offenses has generally shown an upward trend. From 2021 to 2023, people's courts concluded a total of 73,178 juvenile criminal cases, sentencing 98,426 juvenile offenders, accounting for 2% to 2.5% of all criminal offenders during the same period.

Data released by the Supreme People's Court also shows that regarding homicides and serious injury crimes committed by minors aged 12 to under 14, since the implementation of Amendment (XI) to the Criminal Law in March 2021, people's courts have concluded a total of 4 such cases involving 4 individuals. The offenders, aged between 12 and 13, were sentenced to fixed-term imprisonment of 10 to 15 years in accordance with the law.

The Supreme People's Court proposed that people's courts adhere to the policy of "education, persuasion, and redemption" and the principle of "education first, punishment supplementary" in handling juvenile delinquency, actively adopting trial methods suited to the physical and mental characteristics of minors, and emphasizing that trials should serve both as a court for admonishing and punishing juvenile offenders and as a classroom for redemption and education. In terms of punishment, the principle of "tolerance but not indulgence" is upheld. For those with deep subjective malice, severe harm, and especially those who repeatedly refuse to reform, punishment shall be imposed in accordance with the law, giving play to the warning and educational role, delivering fairness to victims and demonstrating justice to society.

According to Xinhua News Agency

Key Figures

Cases Involving Women and Children

98,426 persons

From 2021 to 2023, people's courts concluded a total of 73,178 juvenile criminal cases, sentencing 98,426 juvenile offenders, accounting for 2% to 2.5% of all criminal offenders during the same period.

61%

From 2002 to 2023, courts nationwide concluded 27,610 cases of trafficking in women and children, sentencing 44,056 criminals, of whom 26,763 were sentenced to fixed-term imprisonment of five years or more, with a heavy-sentence rate of 61%.

41,000 cases

In 2023, courts nationwide concluded 41,000 cases involving 61,000 persons for crimes against minors, among which the number of sexual assault cases showed an upward trend.

1,835 cases

From 2021 to 2023, among cases involving violence against minors concluded at first instance by courts nationwide, 1,835 cases involved defendants who were left-behind children, accounting for 22.94%; 223 cases involved defendants from remarried families, accounting for 2.79%; and 19 cases involved defendants who were orphans, accounting for 0.24%.

Focus 1

Three Major Problems Including Lack of Family Guardianship Particularly Prominent

Crimes against women and children are on the rise, and the problem of sexual assault against women and children cannot be ignored. From 2002 to 2023, courts at all levels nationwide concluded 27,610 cases of trafficking in women and children, sentencing 44,056 criminals, of whom 26,763 were sentenced to fixed-term imprisonment of five years or more, with a heavy-sentence rate of 61%; concluded 511,000 rape cases, sentencing 508,000 criminals, of whom 187,000 were sentenced to fixed-term imprisonment of five years or more, with a heavy-sentence rate of 37%; both far exceeding the approximately 15% heavy-sentence application rate for ordinary crimes. Courts concluded 57,050 cases of forcible indecent assault and insult against women, sentencing 56,297 criminals; and concluded 73,923 cases of indecent assault against children, sentencing 66,945 criminals. In 2023, courts nationwide concluded 41,000 cases involving 61,000 persons for crimes against minors, among which the number of sexual assault cases showed an upward trend, and the phenomenon of minors suffering abuse by family members is serious. In some cases, minors were subjected to long-term sexual abuse by family members.

Cyber-related crimes are prominent, and the problem of erosion by harmful online information cannot be ignored. Among minors who committed robbery, theft, or violent injury crimes, nearly 60% had been long-term addicted to the internet, and the proportion of minors whose criminal motives were influenced by harmful online information is relatively high. Sample statistics show that in recent years, among sexual assault cases against minors, nearly 30% involved perpetrators who met victims through online chat tools and then committed online "remote indecent assault" or offline rape. Some streamers and internet celebrities specifically target middle-aged and elderly women, exploiting their desire for attention, their longing to be loved, and their unfamiliarity with online platforms as "weak spots," and after a period of attentive care, demand money from them or induce them to make tips or recharge, causing both psychological and financial losses.

The problem of lacking family guardianship is prominent, and the impact of family care on juvenile delinquency cannot be ignored. Judicial big data shows that from 2021 to 2023, among cases involving violence against minors concluded at first instance by courts nationwide, 1,835 cases involved defendants who were left-behind children, accounting for 22.94%; 556 cases involved defendants from single-parent families, accounting for 6.95%; 223 cases involved defendants from remarried families, accounting for 2.79%; and 19 cases involved defendants who were orphans, accounting for 0.24%. Many juvenile defendants lacked family care and education before committing crimes. Some parents neglect to care about the physiological and psychological confusion their children encounter during growth. For example, a high school student felt excessive mental stress and told their parents, but did not receive the help they deserved. The student went to the hospital alone for examination and was diagnosed with severe depression, yet the parents thought the child was feigning illness. Only after the student committed homicide and attempted suicide did the parents realize the seriousness of the problem.

According to CCTV News

Focus 2

Severe Crimes by Minors Shall Be Punished in Accordance with the Law

The Supreme People's Court stated that the healthy development of women and children's causes, especially the protection of children's rights and interests, has its own special inherent patterns and characteristics. Regarding the issue of juvenile delinquency, efforts should be made to address both symptoms and root causes, and combine punishment with prevention. People's courts adhere to the policy of "education, persuasion, and redemption" and the principle of "education first, punishment supplementary" in handling juvenile delinquency, actively adopting trial methods suited to the physical and mental characteristics of minors, and emphasizing that trials should serve both as a court for admonishing and punishing juvenile offenders and as a classroom for redemption and education. In terms of punishment, the principle of "tolerance but not indulgence" is upheld. For those with deep subjective malice, severe harm, and especially those who repeatedly refuse to reform, punishment shall be imposed in accordance with the law, giving play to the warning and educational role, delivering fairness to victims and demonstrating justice to society. Recently, discussions on pursuing criminal responsibility for homicides and serious injury crimes committed by minors aged 12 to under 14 have attracted widespread attention. To date, people's courts have concluded a total of 4 such cases involving 4 individuals. The offenders, aged between 12 and 13, were sentenced to fixed-term imprisonment of 10 to 15 years in accordance with the law.

"The emergence of 'problem children' has both family and social causes, and is the result of the combined influence of multiple factors," the Supreme People's Court stated. In this regard, when hearing cases involving marriage, family, and tort, attention should be paid to strengthening guardianship responsibilities and educational guidance, guiding parents to fulfill their guardianship duties in accordance with the law. In addition, the procedures for education and correction of "problem juveniles" have been rendered nominal, resulting in a large number of minors who, after committing unlawful acts, are left in a state of no one being able or willing to supervise them and with correction falling through, often leading to repeated unlawful acts and ultimately causing serious consequences and constituting crimes. For example, in one case in a certain locality, the defendant had been administratively detained by public security organs five times, but none of the detentions were actually executed. The situation of weak specialized correction institutions for young minors should be changed as soon as possible, the construction of specialized schools should be accelerated, and the gradual establishment of an independent juvenile justice system should be promoted, so that minors who have committed acts seriously endangering society but have not yet constituted criminal offenses receive the correctional education they deserve.

Regarding current issues affecting the healthy growth of minors, the Supreme People's Court stated that efforts should be made to grasp the front end and treat the disease before it arises. Problems discovered during the trial of cases involving minors that may induce juvenile delinquency or victimization must never be left unaddressed; tracing should be conducted upstream and investigated thoroughly. Where there are loopholes, blind spots, or inadequate implementation in the "six protections," efforts should be made based on the judicial trial function to promote resolution. The risk of minors suffering sexual assault should be reduced from the source. It is reported that in 2023, courts nationwide sentenced defendants to lifetime bans from work involving close contact with minors in 1,106 cases at first instance, including 754 defendants from schools, kindergartens, and other educational institutions, and 358 defendants from off-campus training institutions, totaling 1,112 defendants. Efforts should be made to promote the implementation of management responsibilities in special business premises.

Beijing News reporter Liu Yang

Focus 3

Handle School Bullying Strictly and Early to Avoid Escalation into Serious Cases

Sample data shows that minors who loiter in entertainment venues for long periods have a higher probability of committing crimes or being victimized. In 2023, courts nationwide accepted 1,205 cases of the crime of organizing minors to engage in activities violating public security administration, an increase of 5.28 times compared with 2020. Among them, the vast majority involved minors being organized to provide paid companionship in bars and karaoke venues, reflecting that violations of the Law on the Protection of Minors by relevant business premises have not been effectively supervised and promptly investigated. Heilongjiang courts reviewed 92 rape cases occurring in hotels, guesthouses, inns, and other accommodation premises and found that some business premises failed to strictly implement relevant provisions of the Law on the Protection of Minors and the Measures for the Public Security Administration of the Hotel Industry, and had management loopholes such as irregularly allowing minors to stay and lax registration and verification. Judicial suggestions were therefore made to public security organs.

Handle school bullying strictly and early. Many cases reflect that when school bullying or problematic behaviors such as students being tired of studying and truanting or making bad friends occur, schools fail to detect, prevent, and intervene in a timely manner, causing students to slide toward crime or victimization. In this regard, the Supreme People's Court stated that where problems of school bullying are discovered during the trial of various cases, active coordination and handling should be carried out to avoid escalation into serious cases, and families, schools, society, and the government should be actively engaged to improve and perfect the linked working mechanism for preventing school bullying.

In response to the insufficient comprehensive protection of minors' rights and interests, efforts should be made to achieve integrated protection through criminal, civil, and administrative means. Juvenile-related criminal cases all have their roots in the family, the school, and society, and often initially manifest in the form of juvenile-related civil disputes. For example, some motor vehicle traffic accidents cause children to lose their father or mother, becoming single-parent families or orphans, leading to psychological problems or making children children in difficulty. During case handling, psychological assessment and intervention should be properly carried out, and judicial assistance should be strengthened. Disputes over changes in custody often accompany unsmooth visitation, and even situations of snatching or hiding children, which can cause secondary harm to children. Social investigation and family education guidance should be strengthened. For example, in a family case involving a change in custody relationship, the parents divorced, and the parent raising the child, due to work reasons and without the other party's consent, took the child to live in another city. The conflict between the parties was intense, and they sued in court over the child's custody. The court did not hastily issue a ruling but worked through multiple parties and ultimately facilitated the plan most beneficial to the child: the two parties would share custody in stages, jointly fulfill obligations, share visitation costs, and arrange progressive child support fees, resolving issues such as cross-regional custody in a package deal. This not only resolved the parents' conflict but also created conditions for the child's healthy growth. Divorce cases often involve intense family conflicts that affect children's mental health, requiring social investigations, family education for both parents, psychological intervention for children, and coordination with schools to pay attention to children's growth.
Beijing News reporter Liu Yang