In cases of female primary school teachers were killed in shaodong County of Hunan province, 3 suspects were minors. Pictures from the Internet
Hunan shaodong county primary school female teachers at the school were killed, triggering widespread attention. According to a signed "the Public Security Bureau in shaodong County Police Brigade" information disclosure of information, 3 suspects means striking teachers used sticks to beat women in the head, then chased to the toilets, female teacher on her nose and mouth with a towel, ultimately causing his death. After 3 people search financial, female teachers body hiding under the bed, cleaning up blood before fleeing the scene.
Even more surprising is, according to the briefing, 3 suspects were students, the oldest 13 years 6 months, minimum age of 12.
If the briefing is true, 3 underage suspects should be subject to the kind of punishment? How do relatives of the victims and how to claim their rights?
China criminal on not adults criminal made provides: has full 14 age discontent 16 age of people, made deliberately killing, and deliberately hurt to people injured or death, and rape, and robbery, and trafficking drug, and set fire to, and explosion, and poisoning crime of, should negative criminal; has full 14 age discontent 18 age of people crime, should lighter or reduce punishment; for discontent 16 age not criminal punishment of, ordered he of parents or guardian be discipline, in necessary of when, also can by Government hosting correctional.
According to the briefing, for 3 suspects have not reached the age of criminal responsibility, has been submitted to the County, Shaoyang city, school of education. Lawyer Ding Jinkun explained that according to the rules, 14 is absolutely up to the age of the age of criminal responsibility, and work is a concrete way to reeducation. Anhui Luan officially confirmed in Huoshan County
Work does not fall within the scope of administrative sanctions or penalties, except in accordance with the requirements of the compulsory education law, in the curricula of schools and the same things, work to strengthen legal education content, minors of serious misconduct causes of serious undesirable behaviors and mental characteristics of minors and correction work.
University Director of juvenile crime surging leather army told the press, taking into account the low level of physical and mental development of young people, and its ability to resist the temptation and cognitive ability, States will develop a criminal age limit.
"However, with the changes of society, the rich material, teenagers mature early, receive information is much more complicated than before, there is the reference to lower the minimum age of criminal responsibility in the legal profession. "PI said.
Lawyer Ding Jinkun also believes that because of the low age of criminal cases increased in recent years, the age of criminal responsibility need to downgrade is an issue worthy of discussion. "Some of the low age of criminal means bad, great social harm, such as cannot be punishable by law, not only contrary to the original intention of the protection of minors, may instead have the opposite effect. "
If 3 underage suspect criminal responsibility, who should bear civil liability?
Chinese tort law article 32, without civil capacity or with limited capacity for civil conduct causes damage to others, his guardian shall bear tort liability. Guardian's duty of guardianship can help alleviate tort liability.
According to the law, minors aged 10 is a person with limited civil capacity, commensurate with his age, intelligence, civil activities; minors under the age of 10 is without capacity for civil conduct.
Ding Jinkun said families of the victims can bring a civil action to court, for guardians of the minor suspected of civil compensation.
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