On February 17, a boy Wang from a community in Mianyang Street, Mian County, Shaanxi, disappeared. After investigation, it has been found that the perpetrator Yang (male, 13 years old) and the victim Wang (male, 6 years old) are neighbors in the same group. At 18:00 on February 17, Yang took advantage of no one in the house to lure Wang to his own residence to inflict harm and hide his body. Currently, the case is being processed.

Recently, 15 days after the disappearance of a 6-year-old boy Cheng Cheng in Mian County, Hanzhong City, Shaanxi Province, his body was found in a wooden box on the roof of a neighbor’s house. Yang, a 13-year-old junior student from the neighbor’s house, was suspected. Cheng Cheng’s father, Wang Ping (pseudonym), told the Ziniu News reporter of the Yangtze Evening News that the child’s body is currently undergoing an autopsy and they are waiting for the final result of the police investigation. The “Criminal Law Amendment (11)” that came into effect on March 1 adjusted the age of criminal responsibility. If 13-year-old Yang is finally determined to be the murderer of Cheng Cheng, will he be held criminally responsible under the new regulations? This has become a concern for Cheng Cheng’s mother and many netizens. This reporter interviewed a lawyer. The child was missing for 15 days. The body was found on the roof of a neighbor at 8 pm on February 17, 2021. Cheng Cheng, a 6-year-old boy who lives in Dongfeng Community, Mian County, Hanzhong City, Shaanxi Province, has not returned. His father Wang Ping realized his son Missed, report to the local police station. On this day, he took his son to play with relatives in the community. He picked up the courier at about 6 o’clock in the evening. He saw his son for the last time before going out. Surveillance video showed that the child finally appeared in a nearby alley and then disappeared. Wang Ping and his family released missing persons notices through various online platforms, and posted flyers looking for children locally. The reporter saw that the information about finding children was paid attention to by many netizens and relayed a lot. The Ministry of Public Security’s child missing information emergency release platform also released information on the search for Cheng Cheng. On March 4, 15 days after Cheng Cheng’s disappearance, the local police found the child’s body in a wooden box on the roof of Wang Ping’s neighbor’s house. Later, Wang Ping and his wife saw Cheng Cheng’s body in the funeral home and found multiple places on the son’s body. Scars. At noon on March 12, certified as the “Mother of the Missing Boy in Hanzhong, Shaanxi”, published an article entitled “Vicious Murderer “Yang”, please remember this name! “An article of more than 800 words. In the article, she stated that her son was “premeditatedly coaxed into the house by a 13-year-old junior boy who used inducement methods to kill him. He hid the body for 15 days. From the remains of the child, it can be seen that the murderer was very vicious at the time. The plot is extremely bad, and the child’s torture and pain cannot be expressed in words.” However, as to the cause of his son’s death, Cheng Cheng’s father, Wang Ping, told reporters that he was not present when the child’s body was found. The reason and process of the child’s murder He is not yet clear. The child’s body is undergoing an autopsy, and the results have not yet come out. The specific situation needs to wait for the investigation results of the public security organs. On the evening of March 9, the reporter dialed the police phone number in the search for Cheng Cheng’s information, but the other party did not tell the reporter about the situation. On March 12, the reporter called the police and the local propaganda department many times, but they were not connected. Earlier, there was a photo circulating on the Internet. The text on the photo was entitled “A Case Occurred in Mian County, Which Caused the Death of a Child.” It was said that 13-year-old Yang was bored with Cheng Cheng’s repeated setting off of firecrackers during the Spring Festival. In February Cheng Cheng was killed on the afternoon of the 17th. But the related content was subsequently deleted. Cheng Cheng’s father said in an interview with the media that his son is not talkative, although a bit naughty, but very sensible. The Chutian Metropolis Daily reported that on March 4, the police rushed to a middle school in Mianxian County where Yang attended and took him away from the school. The Yangtze Evening News, Ziniu News, contacted a staff member of a supermarket near the place where Cheng Cheng went missing. She told reporters that there were many reports on the local website and various versions of rumors. According to her, the 13-year-old boy Yang’s parents divorced and lived with his grandparents all the year round. Because of family reasons, the child’s mind was affected. Wang Ping told Ziniu News that he is currently waiting for news from the police and is considering hiring a lawyer to handle the follow-up matters of this case. After losing her beloved son, Cheng Cheng’s mother stated in the article: “A lot of good-hearted people are praying, and the child will go well all the way, and heaven will not hurt”, and then she wrote: “The heinous murderer will be punished by the law and die. The crime is deserved and cannot be forgiven.” Article 1 of the “Criminal Law Amendment (11)” officially implemented on March 1 this year stipulates that Article 17 of the Criminal Law shall be amended to: “… A fourteen-year-old person who commits the crime of intentional homicide or intentional injury, causing death or severe injury by special cruel means, causing serious disability, and the circumstances are bad, and the prosecution is approved by the Supreme People’s Procuratorate, shall be held criminally liable. According to the preceding three paragraphs It is stipulated that persons under the age of 18 who are held criminally responsible should be given a lighter or mitigated punishment…” This clause has attracted attention since its appearance in the draft. Since the time node on March 1 is very close to the time of the case, many netizens have asked whether Yang will be held criminally responsible in accordance with this new regulation? The reporter noticed that Cheng Cheng’s mother also raised questions in the posted post. On this issue, a reporter from the Ziniu News of the Yangtze Evening News interviewed attorney Fu Jian from Henan Yulong Law Firm. Fu Jian said that according to the previous provisions of my country’s Criminal Law, the age of criminal responsibility for intentional murder is 14 years of age or older. Therefore, if it is finally determined that Cheng Cheng was actually killed by Yang in this case, then since the case occurred in February earlier than March 1, China’s criminal law has the principle of “respect the old and the lesser”, and the 13-year-old Yang has not yet He has reached the age of criminal responsibility, so he will not be liable for criminal responsibility. “In short, if the law at the time of the act was not considered a crime, the law at the time shall apply.” At the same time, Fu Jian raised a special case if Cheng Cheng was missing. He was not killed immediately, but was killed after March 1. Then, it is necessary to pursue Yang’s criminal responsibility in accordance with this new provision of the “Criminal Law Amendment (11)”. “However, even if you don’t have to bear criminal liability, civil liability cannot be escaped.” Fu Jian told reporters that according to the Civil Code, a 13-year-old boy is a person with limited capacity for civil conduct. Specifically, according to Article 1188 of the Civil Code, if a person with no capacity for civil conduct or a person with limited capacity for civil conduct causes damage to others, the guardian shall bear tort liability…a person with property without capacity for civil conduct, restricted civil conduct If the capable person causes damage to others, the compensation shall be paid from his own property; the guardian shall compensate for the deficiency. (The text originated from Mianxian, invaded and deleted) Punishment of crimes regardless of age should not stop the cradle of suffocating the desire to commit crimes. Let these children be educated in the correct values. Try to protect the rights of minors’ lives and health. Maliciously trampling on the future of the motherland on campus


By zhiwo

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7 months ago

“He was not excited or afraid when he was taken away. He was very calm.” He was a natural “little devil”. He just entered the first year of junior high school when he was 13 years old. He premeditatedly tricked a 6-year-old boy into his residence, murdered him and hid his body. In the wooden box on the top of the building, when he was found, there were many scars on the deceased’s body! It is a pity that the amendment to the Criminal Law will not officially come into effect until March 1, and the age of criminal responsibility has been lowered to 12 years old. To a large extent, this little devil may have to escape criminal responsibility again, and the law is one step late! At 13 years old, killing is so calm. It is conceivable that if he escapes the punishment of the law, he can do cruel things when he is older. It is said that the 6-year-old boy is better, I don’t know if he is 13 years old. The little devil’s parents said every day, “How great are other people’s children”, which led to his murderous intentions! In any case, being able to use a killer shows that he is cruel in nature. He has been indifferent after killing and hiding the body for so long. I personally suggest that such a murderer who kills intentionally should not set an age limit. Children in their 10s have their own sense of independence. It is possible to murder a person with a clear mind, and to be so calm that he has a strong heart. It is possible for some children to mature prematurely. The murderer must be punished severely!

7 months ago

We know that Article 1 of the “Criminal Law Amendment (11)” stipulates that a person who has reached the age of 12 but not the age of 14 shall commit the crime of intentional homicide or intentional injury, causing death or causing serious injury by special cruel methods. If the person is disabled, the circumstances are bad, and the Supreme People’s Procuratorate has approved the prosecution, he shall bear criminal responsibility. Therefore, some netizens believe that Yang can be held criminally responsible in this case. But in fact, the answer in this case should be no. Although I also hope that the murderer can be punished, the premise of punishing the murderer is to respect the law. Although according to the “Criminal Law Amendment (11)”, it can be concluded that Yang should be held criminally responsible after the Supreme People’s Procuratorate approved the prosecution, there is still an insurmountable gap in the criminal law, that is, “the law is not retroactive. In the past”. In other words, to evaluate Yang’s behavior, the law at the time the behavior was implemented must be applied, that is, the criminal law before the amendment. According to the law at the time, Yang did not need to bear criminal responsibility. Article 12 of the Criminal Law [Retroactivity of the Criminal Law] For the conduct before the implementation of this law after the founding of the People’s Republic of China, if the law at that time is not considered a crime, the law at that time shall apply; if the law at that time is considered a crime, this law shall apply If the provisions of Section VIII of Chapter 4 of the General Provisions should be prosecuted, the criminal responsibility shall be investigated in accordance with the law at the time, but if this law does not consider it to be a crime or the sentence is lighter, this law shall apply. Prior to the implementation of this law, the effective judgments made in accordance with the laws at that time shall continue to be effective. Unless, Article 12 of the Criminal Law is interpreted as “restrictions on crime and innocence”, and does not limit “the question of whether to bear criminal responsibility.” But at the same time it also opened the door to the expansion of state power. Specifically, although according to Article 12 of the Criminal Law, Yang’s actions should be determined to constitute a crime according to the law at the time, and the corresponding criminal responsibility of the behavior should be determined according to the law at that time, although according to the old law, it is impossible to conclude that Yang should be responsible. The conclusion of criminal responsibility, but the new law stipulates that “the Supreme People’s Procuratorate shall bear criminal responsibility if the prosecution has been approved by the Supreme People’s Procuratorate.” Therefore, after the Supreme People’s Procuratorate has approved the prosecution, Yang will be investigated for criminal responsibility according to law. In other words, when interpreting the sentence “pursuing criminal responsibility in accordance with the laws of the time”, the artificial separation of behavior evaluation and the subject’s responsibility blocking the two links, the sentence stuck in the stage of behavior evaluation, and the new law is forcibly applied Regarding the “subject responsibility to prevent the cause”. Although this will not cause citizens to panic when judging whether the behavior is guilty or not, it will not violate the principle of statutory crimes and punishments. However, the traditional criminal law theory believes that the age of responsibility is the main element, and the crime itself is criminally illegal, socially harmful and punishable, so it does not necessarily violate the principle of legally prescribed crimes and punishments. ) However, the application of the new law to deal with cases is undoubtedly extremely unfair for special subjects such as minors in judging whether they should be criminally liable. But conversely thinking, if he understands the law and judges that his behavior is illegal but not criminally responsible, and commits illegal crimes unscrupulously based on this, wouldn’t it be an extremely despicable practice in itself? In fact, this revision of the law also embodies a social consensus that minors who have reached the age of twelve and under the age of fourteen have the ability to recognize and control the illegality of major crimes. Only in this case, substantive justice has defeated formal justice, and reason has defeated legal principles.

7 months ago

This case took place on February 17th, when the case was 13 years old, and the Criminal Amendment to adjust the age of criminal responsibility took effect on March 1. Based on the principle of obedience to the old and lenient, the other party may still be taken into custody by law. Although the victim can claim civil compensation, no amount of compensation will help, but the murderer hid the body for more than ten days after the murder and was hiding at home. Is this act really done by him? Or was it done with the help of his family? If it is the latter, the family members must also be held accountable. Sometimes a person is judged as “breaking the law”, and it is necessary for the offender to have a “criminal awareness.” That is, the offender is clearly aware that his behavior is illegal before committing the crime. This is the reason why most countries set the minimum age of criminal responsibility: children whose brains are not as developed as ordinary people and do not know that their actions are illegal, so they should not be tried. However, with the continuous increase in juvenile criminal delinquency in recent years, it is necessary to lower the age of juvenile delinquency, and we have also taken this step. Although the state’s crimes against minors are mainly rescued and educated, our legal system is constantly improving. It does not mean that we must adjust the age. Maybe we will not use age to measure it in the future. For minors Human crimes have a more complete legal system of punishment, admonition, and education. But in this process, it is entirely possible to improve the accountability system by lowering the age of criminal offense. Even if the law never eliminates criminals, it should protect the interests of other law-abiding citizens. The cost of killing can’t be zero.

7 months ago

My concern is that if a 6-year-old boy is tortured and killed before his death, there will be a lot of blood stains at the scene of the crime, and it is not easy to clean up all of it. It is also difficult for the murderer’s blood coat and murder weapon to hide from close relatives living together. Therefore, if there are relatives involved , At what stage did you participate? How to participate? Was the cut on the boy’s leg caused by the murderer’s attempt to dismember the body? If it is difficult to divide the corpse and finally give up and turn to the rooftop to hide the corpse, is there anyone involved in the removal process? A dead person is very heavy, even if it is just a child, it is much heavier than when he was alive… Even if no one is involved, have the traces left by the removal already been discovered by the family? The corpse was found on the rooftop, but the rooftop is unlikely to be the first scene, because the boy “repairing” cannot be called in “broad daylight”…so it is highly likely that the room is the first scene. Keep paying attention, but maybe because of “minors”, it is a vicious case with bad social influence, and it will not disclose too much in the end. In this case, I said before that although the act of hiding corpses continued until the 3.1 amendment to the Criminal Law was implemented, the killing and hiding of corpses were continuous, so netizens might be disappointed.

7 months ago

Looking at it, my heart is blocked. At the age of 13, he murdered and hid the body. At the age of 13, he was so vicious. What kind of family education department did such a little demon come to? Juvenile delinquency is an important issue that seriously affects the harmony and stability of the real social environment. Under the background of a comprehensive understanding and analysis of the basic status quo of juvenile delinquency in my country, appropriate plans are formulated and used to organize and carry out prevention and intervention work for juvenile delinquency. It is of great significance to support and ensure the good growth of our country’s underage groups and reduce the incidence of juvenile delinquency. In recent years, the trend of juvenile delinquency has become more and more obvious, the number of crimes has increased, and the means of execution are extremely bad. With the development of social economy and the popularization of the Internet, minors’ physical and mental development matures earlier than before. They sometimes even break into the blank of the law, taking advantage of the 14-year-old to do whatever they want, causing a lot of irreversible pain. In response to these phenomena, the article further elaborates the necessity of lowering the age of criminal responsibility from the perspectives of current social and economic changes, better protection of minors, better comfort for victims and their families, and reduction of civil capacity for reference to the age of criminal responsibility. . The media may be concerned about the newly revised age of criminal responsibility for minors. The reduction in the age of criminal responsibility has little effect in fact! One is that children of this age commit criminal offences, most of which are passionate crimes! The second is that children of this age are immature and have not developed a sense of awe for the law. Third, the parents and teachers did not teach the children reasonable and legal problem-solving skills. Fourth, the work of popularizing legal knowledge goes through the scene at home school, superficial!

7 months ago

However, it seems questionable that the hiding of corpses constitutes no punishment after the fact. It is true that criminals are forging concealed evidence at the scene, so they cannot be separately evaluated as the crime of forging and destroying evidence because they cannot be punished afterwards. However, one act can violate multiple legal interests. When the homicide cannot be evaluated criminally, concealing the corpse can actually be regarded as a criminal act of concealing and insulting the corpse. It’s just that because the perpetrator is not satisfied with 16, it is still not punished because it does not belong to the eight felonies. That is, the main impunity is because of dissatisfaction 14, and the later impunity is because of dissatisfaction 16~

7 months ago

According to the report, the Criminal Law Amendment 11, which took effect on February 17th, took effect on March 1, in accordance with the retrospective provisions before the amendment is implemented, and it is impossible to pursue legal responsibility. Some people say that it was discovered on March 4th. Can’t it be determined based on the time of discovery? Sorry, no, it depends on the time of the act. Some people say that in addition to murder, this person also had the act of hiding the corpse. The hiding of the corpse lasted until March 4. Can it be considered that the act continued until the amendment took effect? Sorry, it doesn’t work either. Because the act of homicide ends after the person is killed, the subsequent act of hiding the corpse is an unpunishable act in the criminal law. In human terms, the criminal law does not evaluate the act of a murderer hiding his own homicide evidence (such as a tool for committing a crime) and destroying the evidence, because the criminal law believes that destroying the body after killing is the nature of people to seek advantage and avoid harm. To sum it up in one sentence, tmd cannot hold him criminally responsible for intentional murder. How to do it? Mandatory correction. Let him accept a series of reforms and education, “cure” him, and at the same time support the victim’s family to file a civil lawsuit, so that the family that raised such a devilish child will be compensated for bankruptcy (hopefully) sigh.

7 months ago

Not invited. Because this topic is completely within my range. The 13-year-old kid was able to calmly kill and hide the corpse, with bad methods and serious circumstances. Juvenile delinquency has always been the most concerned issue in the world. As juvenile delinquency has intensified, my country has also lowered the age of criminal responsibility. Some time ago, the 24th meeting of the Standing Committee of the 13th National People’s Congress voted to pass the “Criminal Law Amendment (11).” It stipulates that a person who has reached the age of 12 but not the age of 14 who commits the crime of intentional homicide or intentional injury, causing death or severe injury by special cruel means, causing serious disability, and the circumstances are bad, shall be criminalized after being approved by the Supreme People’s Procuratorate for prosecution. responsibility. The new regulations were formally implemented on March 1, and this case occurred before the implementation of the “Criminal Law Amendment (11)”. The criminal law has the principle of being lenient and lenient. What is the principle of obedience to the old and the light? The old and lenient principle is a criminal law application principle, which means that the criminal law must not have retrospective effect except for the provisions of decriminalization (except for criminalization), weakening of punishment or benefiting the perpetrator. To put it simply, there are the following points: 1. The old law does not consider it a crime, but the new law considers it a crime and the old law applies. 2. The old law considers it a crime, but the new law does not consider it a crime, and the new law applies. 3. If the old law considers it to be a crime and should be prosecuted, criminal responsibility shall be investigated in accordance with the old law. In other words, for a criminal act, whichever is beneficial to the defendant shall apply, and the old law shall apply to both of them being the same. Therefore, in this case, it is very likely that he will not be investigated for his deliberate homicide. But punishment is only a means of punishment. We have to look at the essence through the surface. This is a question that deserves all of us to ponder. The author believes that not every child is innocent. The age of criminal responsibility is not a problem that can be solved by lowering the age of criminal responsibility. Every time the age of criminal responsibility is lowered, it must be a big case that affects people’s hearts. “Punishment is only a means, not an end.” Lowering the age of criminal responsibility can only be used as the final bottom line guarantee. If we really want to control juvenile crimes, what we should do is “strangle the criminal intent in the cradle.” In addition to precautions, corrections in later stages are also very important to prevent young people from committing crimes again.

7 months ago

Concerned about why this child became like this, and his family must be suspected of hiding the corpse. The smell of a dead person cannot be suppressed without special means. As far as the victim’s parents explained, they also abused or insulted the corpse during his lifetime. Obviously, he did not treat the child as a human being and as a toy. One additional point: my country’s current amendment only stipulates that 12-14 years old may only bear criminal responsibility when the behavior is particularly bad. And the death penalty does not apply to under 18 years of age remains unchanged. It does not conflict with the newly amended bill.

7 months ago

In fact, children are no less cruel than adults, because adults know the consequences better, so they have more restraint and awe. Children are different. They are used to being in the nest at home. Since childhood, they have no concept of right or wrong. I feel that killing a person is the same as breaking a cup at home. Therefore, in addition to the importance of children’s law education and family education, some people are born with violent extremes. If they have not been established a correct world view since childhood, and have no certain empathy ability… tragedies will lead to tragedies. When you understand the rules of the world, you will be more in awe. On the contrary, it is most prone to tragedies like the little knowledge in the teenage years.

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