Abstract

On March 10, 2024, a 13-year-old junior high school student in Handan City, Hebei Province, China was killed and buried by three classmates under the age of 14. The method of committing the crime was cruel and had a negative social impact, once again bringing topics such as "juvenile delinquency" and "lowering the age of criminal responsibility" to the hot search. Since entering the new era, with the rapid development of the social economy, minors have shown an overall trend of "precocious puberty". The problem of juvenile delinquency and violence has also become increasingly severe, causing adverse social impacts. According to data released by the Supreme People's Procuratorate of China, juvenile delinquency in China is characterized by a sharp increase in the number of crimes, a clear trend towards younger age groups, and cruel criminal methods. The Eleventh Amendment to the Criminal Law, which came into effect in March 2021, lowered the age of criminal responsibility and individually lowered the statutory minimum age of criminal responsibility to 12 years old. Therefore, this case may become the first case to hold young minors accountable for crimes after the age of criminal responsibility has been lowered, which is of great significance to the construction of the rule of law and judicial practice. In practice, we should clarify the situation of "heinous circumstances" stipulated in the Amendment to the Criminal Law (XI), and establish an independent juvenile justice system to comprehensively and effectively correct and prevent the misconduct and illegal behavior of minors, rather than simply lowering the age of criminal responsibility. At the same time, reduce excessive interference of online public opinion in judicial trials.

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