Pros Cons
A recent draft law amendment which would lower the minimum age for administrative detention from 16 to 14 has become the centerpiece of discussion in China.
As one of the harshest administrative punishments, detention applies to acts that severely violate the administration of public security but do not constitute crimes. The detention is usually less than 20 days. This punishment in the current Law on Penalties for Administration of Public Security applies to offenders over 16. The amendment released by the Ministry of Public Security to solicit public opinions in February lifted the provision on exempting offenders aged 14 to 16 from the administrative detention penalty and changed the range of ages that specifies an exemption for first-time offenders from 16-18 to 14-18.
The draft amendment is seen as a response to rising concerns over minor offenders, especially those involved in school bullying and violence. After released, it has met both applause and concern for overcorrection.
Supporters say administrative detention is an effective deterrent helping stop escalating issues of school violence. Others argue that excessively harsh punishment may cause minors irredeemable psychological damages. Persuasion or guidance is more effective when trying to correct juveniles, they say.
Con Wang Ying Juvenile delinquency prosecutor
Lowering the minimum age for administrative detention will probably help reduce juvenile delinquency rate for a short period of time, but will bring profound negative effects in the long run.
The age from 14 to 16 is a crucial period for teenagers to develop sympathy for others. The terrible trauma caused by incarceration will lead to irrecoverable damage on brain function helping develop such sympathy.
Minors experience time in a different way from adults. Adults are able to deal with psychological discomfort caused by detention because they are mature. But the deprivation of freedom even for a short time is a nightmare for minors and will result in long-term psychological damages. They may also become even more aggressive as a result of the detention punishment.
Chen Hua Psychology professor
Pro The amendment is reasonable. With the improvement of livelihood, teenagers become mature much earlier both physically and psychologically. At the same time, they are troubled by three imbalances. The first is an imbalance between physical and psychological development with physical maturity outpacing mental maturity. As a result, they develop needs that are supposed to be exclusive to adults, while not being able to manage them well. Second, they face an imbalance between sense and sensibility. They easily become emotional and are unable to face their problems in a calm way. This leads them to recklessly engage in misdeeds. The third is an imbalance between individual needs and social demands, as they are mostly egocentric and unable to see the whole picture. Under such circumstances, gentle lecturing or persuasion will not effectively make them behave.
China holds a relatively tolerant attitude toward juvenile delinquency. Violent offences by minors like school bullying are severely punished in many other countries. In China, however, there is lack of legal provisions to punish them. Besides, applying detention punishment to minors above 14 helps young people to correct their misunderstanding that they don’t have to face consequences for what they do because they are young.
Pro Shi Jing Lawyer
Juvenile delinquency has been a headache to public security departments for a long time. Given the current public security administration rules forbid detaining offenders under 16, crimes involving minors have become more frequent. Some criminal gangs even take advantage of the laws protecting minors to employ teenagers under 16 and abet them in committing crimes for illegal gains.
With many children suffering from violent school bullies in recent years, lowering the minimum age for administrative detention will deter bullies and protect the majority of minors. As the Criminal Law stipulates that juveniles aged 14 to 16 will not be held criminally liable for minor crimes they committed, some escape from the penalty they deserve. Justice, therefore, is not upheld.
As for concerns that deprivation of freedom will cause psychological damages to minors, I think there are solutions to this. During detention, we can provide minor violators with enough care and psychological counseling and separate them from adult offenders. In this way, they will not respond with extreme means, and will learn the lesson.
Con Zhao Liangshan Lawyer
In puberty, juveniles tend to be rebellious and develop psychological problems. One important reason for them to commit crimes during this period is that they are not given enough love and supervision. Besides, people aged 14 to 16 are not mature enough to assume responsibility for what they do. In view of these, the early detention of juveniles will not stop them from committing wrongdoings, but will go against the principle of protecting minors.
Teenagers should be guided instead of punished. Family, school and community can play their respective due role in preventing and correcting juvenile delinquency. For example, the school or community can establish supporting groups to help the minors step by step. As guardians, parents are suggested to better perform their duties and give children due guidance.
LIISHIGONG Pro Wang Shanping Media commentator
Lowering the age for administrative detention will effectively deter minors from breaching the law. In recent years, the issue of worsening school bullying and violence has raised widespread concerns. Lack of effective penalties is one of the reasons behind this. In reality, gentle reasoning, lecturing or persuading usually fail to stop some bullies from hurting others or engaging in violence.
Objectively speaking, compared to the punishments like warning and fining, administrative detention is one of the most powerful deterrents. Incarceration for five to 15 days will force minors to make a thorough self-examination to realize the severity of their misdeeds and give them a chance to start anew. Receiving a warning, in many minors’ eyes, is no different from being criticized by a teacher, the lightest punishment for violating school regulations. Therefore, minors are unable to learn their lesson and realize the solemnity of law.
According to China’s Criminal Law, people under the age of 14 have no criminal liability. Juveniles between the age of 14 and 16 should only be liable for severe crimes like murder. People of 16 and above should face full criminal liability. Such stipulations lead to a problem that no effective punishment can be imposed on minor offenders aged 14 to 16 as long as they commit no severe crimes. But when they do, it is already too late to save them. Therefore, administrative detention can serve as a transitional measure to timely correct the minors and prevent them from going down the wrong path.
Con Ye Zhusheng Law professor
Lowering the minimum age for administrative detention will not prevent misdeeds, but may bring catastrophic consequences and even worsen current issues.
In view of minors’ mental vulnerability, incarcerating juveniles who breached public security administration rules will not help them correct their bad behavior, but deprive them of opportunities to reshape their values and morality. A sense of being marginalized may lead them astray once again.
Administrative punishments are targeted at minor violators whose behavior does not constitute crimes. Minors’ misbehaviors are totally different from malicious crimes, and do not deserve a severe punishment like detention.
It is not appropriate to apply public security administration penalties to juvenile delinquency because all minors go through a period of rebellion in their teenage years. Instead of succumbing to coercive means, they may become even more rebellious and aggressive. Some may even develop vindictive feelings and twisted values, eventually sliding into an abyss of crimes.