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Typical materials for court youth rights protection posts

Young people are the future of the motherland and the hope of the nation. It is the unshirkable duty of the court to care for, protect and protect the healthy growth of young people and safeguard the legitimate rights and interests of young people. As the national legal supervision organ, the grass-roots courts occupy an important position in the youth rights chain and bear the sacred mission. In recent years, due to the adverse effects of some minors on the society, the crime has become increasingly serious, the crime rate has increased year by year, and crimes have been characterized by grouping, young age, cruelty, and serious consequences, which have brought great harm and instability to society. factor. This not only affects the future and future of juvenile offenders, but also involves the family, which is directly related to the stability of the frontier society. In order to safeguard the legitimate rights and interests of minors, educate, influence, and save every lost teenager, combined with years of trial work experience, the People’s Court of 123 County believes that the main reasons for causing minors’ crimes include the following:
Family Factors.
The family is the first class for teenagers. Parents are the first teachers. The training of parent education has profoundly affected the development of children's outlook on life and morality. The main factors affecting the healthy growth of minors are: the family is over-loving the children; the parents' education method is simple and rude; the parents do not pay attention to their own image and have a very bad influence on the children; the husband and wife are not in harmony, quarrel or divorce, causing the female personality to be distorted The family is poor, the child is involved in the society too early, lacks normal family life and cultural education, and is harmful to society.
Affected by the negative effects of the social economy and the bad culture of society.
Young people are in the outlook on life, the stage of world view formation, the lack of social experience and the ability to distinguish between right and wrong, influenced by the bad atmosphere of society, and the temptation of some young people to be unable to withstand various material pleasures. Under certain conditions and certain factors, May be on the road to crime. In addition, in the cultural market, books, newspapers and periodicals, audio-visual products, culture and entertainment are full of feudal superstitions, murderous violence, obscene pornography and other content that harms the health of the people, causing a certain degree of pollution to the social and cultural environment. Young people who are not deep have a great negative impact.
The school lacks a good environment for students to develop in an all-round way.
School legal education flows in the form, does not pay attention to the actual effect, the school lacks contact with parents, communicates, does not grasp the students' psychology and emotional changes in time, and cannot timely suppress the students' bad "spot" problems.
The physiological and psychological characteristics of adolescents are more likely to go astray.
The most fundamental reason for juvenile delinquency lies in the quality of adolescents themselves. Teenagers are at the stage of psychological and physiological development, distinguishing between right and wrong, distinguishing between good and bad, and having the ability to resist external influences. The self-control is weak, the behavior is unstable, and the imitation is strong, such as impulsiveness. It is easy to be tempted to commit crimes, and some family economics are blindly compared with high-income, resulting in psychological imbalances and even sinister attempts. There are also various temptations about the bad atmosphere of society, as well as some low-level fun cultures, which have a mystery and want to try. There are also poor academic performance, discrimination by teachers and classmates, frustration of self-esteem, and strong rebellious psychology and revenge.
In response to the above actual situation, the hospital has taken some measures to find a new and effective way for juvenile trials. For the trial of these juvenile delinquents, conscientiously implement the relevant provisions of the Criminal Law and the Criminal Procedure Law, and fully implement the Law of the People's Republic of China on the Protection of Minors and the Law of the People's Republic of China on the Prevention of Juvenile Delinquency, always in the education, The principles of probation and salvation, patriotism, teamwork and socialism education for them, teaching people, making sense, helping them to understand the manifestations and root causes of their own crimes, denying the past self, and establishing them Correct ideals, beliefs, outlook on life, values, inspire their feelings and attitudes, enthusiastically provide help and education, and give timely praise and encouragement to the progress, so that they feel the warmth, affection and sincerity between people. . It has formed equal emphasis on combating and safeguarding rights, and played a due role in building a healthy environment for the healthy growth of young people. It has achieved good results.
First, establish a system of establishment, improve the management mechanism
*** County People's Court conscientiously implemented the spirit of Kashgar Intermediate People's Court, County Party Committee and County Youth League Committee to create "excellent youth rights protection posts", and participated in the establishment as an important way to improve judicial services, and proposed to ensure that the creation activities are methodical and effective. Goal. To this end, the Institute has created a leading group to target, responsibly and institutionalize the various activities of the creation activities, and is committed to promoting management with a reasonable system, creating with scientific methods, and striving to achieve first-class performance with first-class management.
From the perspective of maintaining social and political stability, protecting the growth of young people, and satisfying the people, we fully understand the importance of youth rights protection. Constantly improve the consciousness and initiative of the judges to do a good job in education, probation, and salvation in the court function. Due to the limited conditions, the court did not set up a special juvenile court. The court cooperated with the county league committee to set up a youth rights protection post, and the judges with rich experience in trials tried to handle juvenile crime cases. Judges who are required to try juvenile offenders have a special sense of professionalism, a special sense of responsibility, and a special appeal; that is, a good judge must also be a qualified "teacher."
Strengthen the creation mechanism. In order to ensure the orderly development of the creation work, we have set up a creation leading group, which is personally responsible for the creation of a deputy dean, and established a criminal court as the main body. The party and government work groups such as the hospital and government departments and the Communist Youth League have jointly managed and coordinated. The creation of a long-term mechanism. Practically strengthen the organization and leadership of youth rights protection work.
Improve the creation system. After careful investigation, the “Implementation Opinions on the Establishment of Youth Rights Protection Posts Activities” was formulated in accordance with the actual court trials. The youth rights protection work was included in the daily work assessment of the court, and the same business work was deployed and assessed, and a standardized service card was produced. , established a standardized and complete creation of files and electronic accounts.
Establish a system for people's jurors to study and discuss. That is to organize the people's jurors to study the business knowledge and other knowledge related to the trial of juvenile law crimes every year, listen to their opinions and suggestions on juvenile criminal trial work, so that they really play the role of jury and trial, that is, trial and teach, play Really protect the legitimate rights and interests of young people.
Second, excavating trial resources, highlighting the effect of trials, exploring new ways of combining correctional education, and carrying out rights protection activities throughout criminal, civil, and executive functions, and carrying out all-round rights protection work in criminal trials, the county people's court First of all, in cases involving crimes against the legitimate rights and interests of minors, criminals should be severely punished according to law, and the legitimate rights and interests of minors should be protected as much as possible. Secondly, crimes against minors should be strictly enforced in court trials, court education, and court judgments. The implementation of the "Criminal Procedure Law of the People's Republic of China" and the Supreme People's Court's "Regulations on the Trial of Criminal Cases of Juveniles" provide procedures for juvenile courts to be standardized and juvenile courts. First, pay attention to pre-trial investigations, adhere to the "three meets", and grasp the overall situation. In order to ensure the smooth trial of the case, before the trial, we first meet with the juvenile offender, meet with the guardian, meet with the juvenile offender's unit or school, and gain an in-depth understanding of the past performance, ideological style, moral conduct, family situation and social influence of the juvenile offender. The second is to visit the public security and the procuratorate's contractor to understand the relevant situation after the defendant's return to the case, and to find out the defendant's birth year, month, day, personal and resume. During the visit, pay attention to discovering the personality characteristics of the defendant, whether there is any history of misdeeds and the motive of the crime, the psychological state after returning to the case, etc., so as to basically grasp the subjective and objective reasons, the degree of subjective malignancy of the defendant’s crime before the court, The size of the hazard and the psychological changes after returning to the case lay the foundation for selecting the method and method of trial. The second is to do a good job in the trial. In the manner of trials, juvenile defendants who are subjectively vicious, have little personal danger, have accidentally lost or are temporarily irrational, and whose consequences are not very serious, are boldly tried in accordance with the law. The public prosecutor generally does not appear in court to support the public prosecution, and the defender and the legal representative come to the court, thus making the court atmosphere more relaxed, which is conducive to the juvenile defendant pleading guilty. For those juvenile defendants who are overwhelmed and do not actively cooperate with the trial or have serious criminal consequences, they not only notify their legal representatives to appear in court, but also provide lawyers who undertake legal aid obligations to defend them. During the trial, the three parties of the control, defense and trial fully exercised their powers, analyzed the criminal reasons of the juvenile defendants from different angles, pointed out their degree of harm to the society, and worked together to make the juvenile offenders abandon confrontation, cooperate with the court, plead guilty, and accept the transformation. In the trial stage, we also aimed at the psychological, intellectual and physical development of the juvenile defendants, due to the circumstances of the case, the combination of education and punishment, and correctional training. Specifically, we mainly grasped two links and asked the judge to treat the juvenile defendant. People “like a mother treating a child, a teacher treating a student, a doctor treating a patient”. Create a good environment and atmosphere from beginning to end. In interrogation, pay attention to a sincere attitude, a gentle tone, use less legal terms, and use more common language to maintain the seriousness of the court without making the juvenile feel the ruthlessness of the judge. Adolescent criminals who are afraid and nervous in the trial are trying to use the "round table trial" to hear juvenile crimes, which reflects the true feelings of the judges who are committed to "education, influence, and salvation." In the past three years, through the round table trial, 8 cases involving minors have been tried, and 18 juvenile criminals have been sentenced. So far, no one has re-offended. The prosecutors, defenders, and county trade unions, women's federations, and judicial bureaus, after participating in the roundtable trial, believed that the round-table trial laid the foundation for the juvenile defendant to plead guilty and reform the self, and to encourage the juvenile defendant to self-awake and plead guilty in court. Repentance, truly out of the criminal quagmire of thought, has achieved the purpose of education, correction, and salvation. At the same time, during the trial, the juvenile defendant was found to have corrected when he had an error in understanding. Some juvenile defendants have misconceptions, or believe that their actions do not constitute a crime, or that they should not be sanctioned by law. In this regard, while we have ascertained the facts, we further clarified the dangers and corrected the deviations in understanding. The above measures effectively promoted the trial and achieved the expected results. The third is to seriously handle the case and attach importance to returning to visit. Juvenile offenders who are less guilty of crimes, less harmful, and who have repentance thoughts adhere to the principle of "education, influence, and salvation", fully consider the statutory circumstances of lighter and lighter, and obtain a wide treatment in actual sentencing. For example, when a robbery case was accepted in our hospital in 2019, the defendants were all underage. Two of the minors were involved in the crime. Although they participated in the robbery, they did nothing during the robbery. They just followed another The two participated together, and after the arrest, the attitude of pleading guilty was good, so the probation was applied in our hospital, so that they were treated with lenient treatment in actual sentencing. We attach great importance to the post-trial return visit. In the past two years, we have frequently visited minors' families and schools, and have focused on returning more than 10 illegal young people. Effectively promoted the correct management of schools and parents, so that illegal minors put down their ideological burdens, face life rules, return to school to continue learning, and grow up healthily. Eliminate the phenomenon of minors re-offending due to bad habits.
In civil trials, the biggest victim of divorce cases is the characteristics of minors. The treatment of child rearing issues fully respects the choices of minors, and on the other hand, from the perspective of ensuring the healthy growth of minors. Departure to help solve practical difficulties.
In the implementation work, the county courts pay more attention to safeguarding the legitimate rights and interests of minors. For the implementation of maintenance payments, the court executive board is unambiguous, not only in time, but also able to follow the execution, and the implementation of the in-place rate strives to reach 100%, without discount. At the same time, the implementation of other cases involving the interests of minors is also to find ways to do everything possible.
Third, focusing on preventing and reducing minor offenders, consolidating the results of trials, correcting the life coordinates of "problem teenagers", punishing crimes is only a means, and education and salvation are the ultimate goals. The county people's courts are high on juvenile delinquency. Trends, focusing on how to prevent crime, reduce social unrest, transform young people, and provide the best way to protect the judiciary, extend the education and rescue work for juvenile delinquency outside the court, and actively strengthen the government The departments, the Communist Youth League, the Women's Federation, the trade unions, and other people's organizations and social organizations will work together to do a good job in educating and saving the juvenile offenders, and jointly do a good job in preventing and reducing the legal publicity and education of juvenile offenders. For many years, the 123 County People's Court did not make a judgment on juvenile crimes, but extended the work beyond the trial work and extended it to various stages of punishment execution.
The first is to extend to schools and communities. Organize roving education and speak the law on the spot. Crime prevention is not only a crime prevention crime for adolescents, but also includes preventing crimes committed by those who do not commit crimes. This is general prevention and special prevention. In order to achieve the effect of the trial case, the seven legal vice-presidents of the court successively went to the county, middle school, middle school and third middle school to judge the case of the intentional injury case of the second middle school student, and educated the students so that the majority of young students Inspired the enthusiasm and interest in learning the law. At the same time, the court has guided students in the middle, second and third schools to conduct mock court activities. Instructing the judges on how to control the trial, how to become a judge with practical experience, how to demonstrate the majesty of the judge in the trial is taught to the students, so that they can have fun in learning and grasp the knowledge in fun. In the past three years, the court has held 24 legal courses in various schools in the county, and held 11 legal meetings and parent-teacher symposiums, and more than 20,000 educated young students. In particular, the case evaluation activities enabled the students to learn the legal knowledge that was not covered in the class. The students had a more in-depth understanding of a specific crime, as one student said in his speech. When Aunt came to us, the case that happened to us was educated us, making us feel real and feeling profound...", "It is like a wake-up call, when we face the right and wrong, we will ring in time, it will Like the sword, when we are about to touch the legal exclusion zone, we sting us..." The roving education has achieved very good results, which not only makes us realize that the majority of young people are in urgent need of this form of legal education, but also It makes us feel that it is imperative to reduce juvenile delinquency and should be a long-term work policy.
The second is to extend to probationers. The court organized adolescent probationers to participate in the annual patriotic health month and other activities, and strictly enforced the legal education of juvenile offenders who were sentenced to probation, while strengthening the guardianship of the juvenile offenders who were sentenced to probation. Extend the judicial work backwards and create conditions for the prodigal son to return.
The third is to extend to the prison. Through various forms, our hospital has established contact with the prisoners of prisoners to understand the transformation of juvenile offenders, assist in helping, reforming, and returning visits to juvenile offenders who are serving their sentences. In the past three years, the county courts have frequently visited minors who are serving their sentences, and have focused on returning more than 10 criminal youths. The minors who effectively promote crimes put down their ideological burdens, face up to the rules of life, return to school to continue their studies, and grow up healthily. Eliminate the phenomenon of minors re-offending due to bad habits.
The fourth is to extend to the propaganda. The court's political engineering department and the criminal court closely cooperated in the work, timely publicized and reported on the court's trial of typical cases of juvenile criminal crimes and the work experience of juvenile courts, and created a social public opinion atmosphere that protects minors.
The above are some practices for the protection of the rights and interests of young people in the trial process. We will continue to learn from the brethren court's advanced experience in preventing and educating young people in the trial practice, and commit ourselves to the contribution of juvenile delinquency. .

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