Healthy environment for youth stressed

Chinese courts will further strengthen measures aimed at preventing children from committing crimes, while at the same time continuing the "zero-tolerance" approach against those who harm children, so as to provide a healthy environment for the young generation to grow up by rule of law, the head of China's top court said.

"Judges cannot penalize offenders too leniently simply because they are minors. For those with significant malicious intent, causing serious social harm, and especially for repeat offenders, punishment is a must," Zhang Jun, president of the Supreme People's Court, said in an exclusive interview with China Daily, on the sidelines of the ongoing two sessions, the annual gatherings of the National People's Congress and the Chinese People's Political Consultative Conference National Committee.

He emphasized that the severity of the punishment should be commensurate with the nature of the criminal act and its harmful consequences.

In December, Handan Intermediate People's Court in Hebei province sentenced a teenager who orchestrated the killing of his classmate to life in prison for intentional homicide, marking the first time in China that the maximum penalty had been imposed on a juvenile offender under the age of 14.

The criminal was identified as the main culprit because he proposed and prepared for the killing. He chose an abandoned greenhouse as the crime scene, where he took shovels ahead of time to dig a pit to bury the body, according to the Handan court.

He also asked others to join in, and together they fatally attacked the boy and buried his body in the greenhouse, the Handan court said, ruling on the two other teen defendants based on their respective actions.

One of the other two, who was aware of the plan and participated in the attack, was sentenced to 12 years for the same charge, while the other, who did not know the plan nor directly committed the crime, was ordered to receive special rehabilitation instead of criminal punishment.

Zhang urged judges to improve the quality of handling criminal cases involving children, calling on them to provide more education for young offenders and focus more on analyzing the underlying reasons for their criminal behavior, rather than merely concluding the cases.

"Every child who strays is a tragedy for both the family and society, and it also reflects that the enforcement of the Minor Protection Law needs to be further strengthened," Zhang said.

He encouraged courts nationwide to help advance the effective implementation of family, school, social, online and government protection through judicial efforts.

"We can form a joint force to prevent juvenile delinquency at the source," he added.

In recent years, Chinese courts have taken actions toward the formation of this united force.

Given that a number of young offenders lack parental companionship, the top court issued a guideline last year, clarifying that judges should provide stronger care and aid for children affected by divorce or child custody disputes.

Considering that some teenagers had engaged in delinquent behavior such as truancy, fighting and bullying before committing crimes, Chinese courts have regularly carried out rule of law education in schools, with nearly 40,000 judges serving as vice-principals for legal affairs, in order to enhance students' legal awareness and nip campus conflicts in the bud.

For children who commit the crimes of theft, fraud and robbery to recharge their online game accounts, or intentionally injure or sexually assault others under the influence of cyberbullying and pornographic videos, Chinese courts have collaborated with internet regulators to promote the rule of law in cyberspace.

Inspections of venues such as esports hotels, bars and karaoke clubs have been increased, after one survey discovered that about 70 percent of young criminals had visited these places frequently, according to the top court.

Highlighting the importance of enhancing the preventive measures, Zhang has directed judges to continue upholding a "zero-tolerance" stance on those who lure or manipulate children to commit offenses, and who sexually assault, abduct or abuse them.

On Feb 28, Yu Huaying, who abducted and trafficked 17 children for financial gain between 1993 and 2003, was executed by a court in Guizhou province after the top court approved her death sentence.

Zhang revealed that a judicial document to reduce sexual abuse crimes against children is being considered, urging all judges to work with other authorities to further implement a mandatory reporting system.

The system was set up in 2020 and orders individuals and organs close to children, such as those engaged in the fields of education and healthcare, to report anyone suspected of doing harm to them to police.

China's judicial effort in child protection has been continuously improved over the past four decades. In 1984, its first juvenile tribunal was established in Shanghai. The specialized team to handle child-related cases led to a significant decrease in recidivism rates among minors, so the approach was quickly expanded across the country.

As of October, there were over 2,100 such tribunals nationwide. From 2006 to 2022, the proportion of juvenile offenders among all criminals showed a steady downward trend. After 2022, there was a slight increase, but it still remains at a low level since 1979, according to the top court.

Zhang encouraged judges to promptly respond to any public concerns about school bullying, child abuse and the sale of alcohol to teenagers by disclosing cases, adding that "the protection of children can always be better".