Parents can't control, school weakness, and special schools that receive crimes and receive sin, how can you "specialize"?

Author:Supreme inspection Time:2022.07.21

I couldn't remember what happened in the first year. The pony only remembered that in order to give himself boldness, he slapped his classmates and caused a psychological shadow to the other party. Now, he wants to find this classmate to apologize.

The pony involved in the guilty boy a year ago has now reflected on his past. "This is a manifestation of slowly growing up." Wen Chunxia, ​​the prosecutor of the Procuratorate of the Xicheng District of Beijing, was deeply relieved. What made her even more happy is that the pony achieved good results this year and could fill in the ideal school.

From a suspension to a bad teenager to the crime, the pony of the divorced family had made his father's despair. As the attached conditions were not prosecuted, the prosecutor's inspection of the pony and the subsequent schools of the minors entered the crime errors. Especially in the 7 months of the pony in the special school, "very strong adaptability", "change quickly", "great performance" ... The father showed joy in the words feedback to the prosecutor.

Some sins are uncomfortable, parents can't control, and schools are weak, and some of them are in a vicious circle of "grabbing and putting on and grasping". If you can carry out all -weather education correction with professional forces as soon as possible, you can largely help them return to their way back.

The newly revised prevention of minors in 2020 clarified that "the country strengthened the construction of specialized schools and specially educated minors with serious bad behaviors."

This year, the Ninth Procuratorate of the Supreme People's Procuratorate conducted an in -depth investigation on the construction of a special school in my country. The reporter recently interviewed the issue.

What are the unusual schools?

Specialized school was originally known as the work of work. In the 1950s, my country had a school -study school. The word "work" is to work for half a day, and study political theory and cultural courses for a long time.

Since the establishment of the working school, many people in the society have been mistaken for the small management office. In order to eliminate the misunderstandings of society, to lift the worries of parents, and protect the privacy of minors, the Minor Protection Law revised in 2012 changed the "working school" to "specialized school". The name of a special school.

According to statistics from the Supreme Procuratorate's Ninth Procuratorate, as of May 2022, there were more than 110 special schools across the country, and 11 specialized schools currently under construction or entering the site selection. The scope of enrollment of specialized schools in various places is different, but the age is generally a minor who is under 12 years old and less than 18 years old.

There is a special school in Qilou South Village, Shahe Town, Changping District, Beijing, Yuhua Middle School, Xicheng District, Beijing. It covers an area of ​​100,000 square meters. The campus environment is quiet. There is a field for students to work.

Chen Jianzhong, deputy director of the School Education Office, who has taught for 27 years, told reporters that there are 33 teachers in the school, of which there are many backbone teachers and discipline leaders in Xicheng District. The students of these students are kept in the original school. In addition to offering the same compulsory education courses as other junior high schools in Xicheng District, the school also has special courses such as pottery, car simulation driving, vegetable planting, etc., and formulate teaching of "one person, one case" based on the grades, personality, and experience of each student. Program.

"What our school can do is that children are better than before, and rarely do not want to wait. Parents are very satisfied." Chen Jianzhong said that because of the implementation of semi -military management, students who graduated from the school have their own self -management ability, self -management ability, and self -management ability of students who graduated from the school. Hands -handed ability, interpersonal ability, etc. are stronger than children of the same age. "Don't look at our students with fewer students, but the social effects are not small. A child may affect one piece. We educate a child, which is good for more families."

Song Yinghui, director of the Procuratorate of the Ministerial Procuratorate of Beijing Normal University, pointed out that education is vital to minors, and minors cannot interrupt their studies anyway. On the one hand, special schools can ensure that the underage minors continue to complete compulsory education. At the same time, they can concentrate their behavior, so that they can receive targeted education and correction, and master certain skills. Practice has proved that specialized schools have achieved remarkable results in education and correction of "problems with problems."

At the head of the Ninth Procuratorate of the Supreme Prosecutor's Prosecutor's Office, Yanfang introduced to reporters that in order to better educate and save minors with serious bad behaviors or crimes involving crimes, they practiced minors' procuratorial cases "education -based, punished as supplemented" In recent years, the procuratorial organs of various localities have focused on strengthening the work of work with specialized schools in the case of criminal crimes in handling minors. The long -term connection mechanism of work.

According to statistics, in 2021, procuratorial organs from various localities passed the work connection mechanism established with specialized schools, and coordinated the relevant departments to send 2159 crime errors to specialized schools to carry out correction education.

At present, 10 specialized schools in Sichuan Province are at the forefront of the country. The reporter learned that in June 2020, the Sichuan Provincial Procuratorate issued the "Opinions on Strengthening the Connection of Procuratorate and Specialized Schools" to explore the establishment of a working connection mechanism for the establishment of procuratorial organs and specialized schools. The procuratorial organs form a helping group with volunteers, school teachers, and guardians. According to different conditions, behavior performance, physical and mental conditions, etc., each crime error is formulated. Wait, get better results.

"No school to go"?

In recent years, cases that have not reached the age of criminal responsibility have frequently seen reports on cases of serious violence crimes.

The amendment to the Criminal Law (11), which was officially implemented from March 1, 2021 (11), reduced the age of criminal liability for specific types of violent crimes, and supplemented with strict approval procedures, stipulating that "people who are at least twelve years old and less than 14 years old are less than 14 years old. , Crime of intentional homicide, intentional injury, death or serious injuries caused by particularly cruel means, causing severe disability. If the circumstances are harsh, they shall be criminally responsible if they are approved by the Supreme People's Procuratorate. "

Zhang Hanyu, a second -level senior prosecutor of the Ninth Procuratorate of the Supreme Procuratorate, told reporters that the criminal law previously stipulated that "if he is not punished at the age of 16, he ordered his parents or guardians to discipline." Acceptance and education. " On December 29, 2019, the acceptance and education system was abolished, and the newly revised criminal law of the prevention of minors changed the measures for "acceptance and education" to specialized education. In practice, under the circumstances that the minors who are at the age of twelve years old are less than fourteen years old, under the circumstances that the highest prosecution is not approved by the highest prosecution, they should be sent to specialized schools for specialized education, but because the number of existing special schools is too small, they should be too small. "No school can go." At the national procuratorial organs held on July 12 this year to strengthen political construction and deepen procuratorial reform and theoretical research work promotion conference, the highest prosecutor leaders specifically requested to the national procuratorial organs: "Promote the strengthening of the construction of specialized schools and join hands with the relevant schools. The functional department promotes the special education correction system as soon as possible. "

In fact, as early as March 2019, the General Office of the Central Committee of the CPC Central Committee and the General Office of the State Council issued the "Opinions on Strengthening the Construction and Special Education Work" of the State Council, and the positioning, management, operation, and guarantee mechanism for the construction, management, operation and guarantee of specialized schools Regulations and put forward: "Local governments at or above the county level set up special schools as needed as needed." However, due to various reasons, the implementation of various places is not satisfactory. At present, there are no special schools in 9 provinces, and many provinces and even a large population province have only one specialized school. Due to the small number of existing schools that cannot meet the needs, minors who need special education "have no school to go."

"Most local special education guidance committees have not yet been established, which has affected the construction of specialized schools to a certain extent." Zhang Hanyu told reporters that Article 6 of the Minor Crime Law stipulates that "the local people's governments at or above the county level set up special education guidance for special education guidance The committee, reasonably set up special schools according to needs "," study and determine related school teaching, management and other related work ". But at present, most places have not yet established a special education guidance committee.

Zhang Hanyu specifically pointed out that Article 45 of the prevention of minors' crime law stipulates that the provincial people's governments shall determine at least a special school in accordance with the local actual situation in accordance with the local actual situation. Minors conduct special correction education. However, at present, few schools have a "special place" function for special correction education.

The reporter learned that there was a special school in a province in Northeast China, but relevant departments admitted that the school was not the kind of special school in the law stipulated in the law, and it was impossible to receive the crime and wrong minor. Even if it is a well -built Shanghai, it has not yet made it clear. Due to the lack of "specialized places" settings in special schools, no closed -loop management functions, unwilling to receive, unwilling to receive minors who do not punish criminal punishment due to dissatisfaction with the age of dissatisfaction, especially those who are at the age of twelve years old and less than 14 years old are suspected of suspected Minors of violent crimes seriously affect the protection, education and control of minors involved in the crime and errors.

"Acceptance" is limited?

In June 2020, in Zigong City, Sichuan Province, 14 -year -old Xiao Chen and 15 -year -old Xiao Liu, Xiao Yu, and Xiao Peng were forcibly requested the property of others in a violence or threat. Essence

The prosecutor found that the four teenagers were in a state of dropping out of school for a long time, the degree of parents' cultural level was low, and the awareness of the rule of law was weak. During the censorship and arrest, the guardianship of the four was unwilling to go to the scene to cooperate with the question. Prosecutors communicated more than 20 times, and carried out compulsory family education guidance with the Education Bureau, the Customs Work Committee and other departments 15 times. Due to the weak family guardian conditions and insufficient monitoring capabilities, no effective monitoring conditions are believed to be evaluated. With the consent of the parents, schools, and myself, the procuratorial organs jointly educate and the sports bureau to deal with the issue of school status and in accordance with the statutory statutory. The procedure sent 4 people to a special school in Zigong in December 2020 for correction.

However, the incident is not in violation of the effectiveness of Xiao Yu, and Xiao Chen, Xiao Liu, and Xiao Peng did not return to school after returning to leave, and soon sinned. The prosecutor learned that the three people including Xiao Chen could abide by school regulations during the study of special schools, disconnected bad exchanges, and partial corrections in psychological and behavioral deviations. However, because the special school enrollment is not mandatory, there are two days of destination for vacation each month. There are cold and summer vacations every year. After the holidays, students have not returned to school. The school cannot be mandatory to return to the school. There is no other way except for ideological work to persuade them to return to school. Xiao Chen and other three people have been persuaded to return to school and leave school many times. After leaving school, due to insufficient family care and education ability, they were affected by the impact of bad friends, and they were involved in crimes.

According to Article 43 to 45 of the Minor Crime Law, there are two types of enrollment procedures for special education. However, it has not been fully implemented in practice. Specialized schools in various places generally follow the "three voluntary" principles in the past when enrolling, that is, the minors, parents, or other guardians and the original schools are agreed to enter the school to send them to specialized schools. The degree is limited to "acceptance". In the opinion of prosecutor Wen Chunxia, ​​the crime involved in a special school after handling the case after the prosecutor's organs is actually a minority. It was warned by multiple education warnings and needed specialized education, but due to the disagreement of the minor or the parents, or the original school did not cooperate due to various factors, the failure to enter a specialized school, and was separated from ordinary schools and families. There is a risk of further deterioration.

Procuratorates in Jiangsu Province reported to reporters that there are 70 minors from 14 to 16 years old who are punished by public security organs in public security organs, but the 70 parents of minors are reluctant to send their children to specialized schools.

In this regard, Wei Chun, a deputy to the National People's Congress and the three -level senior sheriff of the Drug Division of Qiqihar City Public Security Bureau of Heilongjiang Province, suggested that the Public Prosecution Law establishes a serious bad behavior information sharing mechanism to share the student information of serious bad behaviors encountered in the public prosecution law to specialize The school is accepted in a timely manner by a specialized school. For minors who are relatively non -prosecution, are not prosecuted or exempted from criminal punishment, the procuratorate and courts directly decide whether to send special schools instead of procedures instead of procedures, and then return to special education committees and public security organs for processing. If the parents or other guardians do not cooperate, the public security organs shall be enforced by the public security organs. If the minor or its guardian has objections, you can apply for reconsideration and review. Hearing can be held if necessary.

In addition to the obstacles of "entering", at present, there are still "out" problems in specialized schools. The reporter learned that specialized schools generally did not have strict assessment procedures for students' departure. After graduation, students may be transferred to ordinary schools or enrolled or employed. The relevant Shanghai personnel interviewed reported that due to the lack of normalized phased education conversion effect assessment and leaving evaluation system, there were no coordinated arrangements for relevant functional departments. Specialized school students often needed parents to apply and connect themselves. In addition, due to the lack of policies and planning guidance in schools and employment, most students are based on self -conspiracy, which is prone to lack of living ability and supervision, which leads to the risk of re -implementation of bad behaviors after leaving school.

Why classify education correction?

Article 41 to 45 of Article 41 to 45 of the Crime Law of the Minor Crime, for minors with serious bad behaviors, can correct education, specialized education, and specialized education. These three types of measures are gradually increasingly increasing the strength of correction intensity according to the degree of severe bad behavior. Essence Among them, specialized education is very different from special education in terms of applicable specific circumstances, execution venues, participating agencies, and execution methods.

Luo Chunmei, deputy chief prosecutor of the National People's Congress and deputy prosecutor of the Sichuan Provincial Procuratorate, said that in practice, it is found that the nature of special education and specialized education given by different types of minors is obviously different. Point for a special school construction.

Wei Chun suggested that two daily management systems are set up in specialized schools: the management system for special education and specialized education management system. Specialized objects of correction education are usually minors with large personal danger and severe psychological and behavioral deviations. In order to avoid cross -infection of minors with special education, it is necessary to strictly distinguish between special education and specialized education. Two different management systems.

Luo Chunmei also pointed out that some of the competent departments of specialized schools are the political and legal committees, some are the education department, and some are judicial administrative departments. The lack of uniform procedure specifications in management has led to differently in terms of enrollment scope, management model and school construction. The specialized school under the education department only has educational functions and no judicial functions, and it is prone to "more cultural education and insufficient correction". Other departments can not highlight their educational attributes. Minors' education and compulsory education in ordinary schools are disconnected. She suggested to establish a specialized school management system in charge of the education department and the participation of judicial organs, while encouraging and supporting social forces to play an active role.

"Many people do not know that there are such schools, and there is generally lack of clear understanding of specialized schools in society." Chen Jianzhong believes that what is urgent to solve is that localities must establish a special education guidance committee composed of multiple departments as soon as possible in accordance with the laws and regulations as soon as possible. The components play their own advantages research and establish a specialized school teaching, management and other related tasks, so that the importance of specialized schools is fully demonstrated.

Zhang Hanyu said that the implementation of the construction of specialized schools due to the irreplaceable implementation rules of various places is the root cause of many problems in the current school. At present, the Ministry of Education is stepping up the formulation of the "Implementation Measures for Special Education and Specializing in Education (Trial)". It stipulates that the construction of specialized schools can follow, so as to speed up the construction of specialized schools, and promote specialized schools to carry out education correction work within the legal framework, and better guarantee the minors who receive special education and special correction education. Legal rights and interests to better play the role of preventing juvenile crimes. In the report of the 19th National Congress of the Communist Party of China, General Secretary Xi Jinping emphasized that every child can enjoy fair and quality education.

To do more specialized schools and receive one child, you can save one family, or even more families. Although there are a lot of problems, I believe that with the increase in society, all problems can be gradually cracked, so that specialized schools can open their doors at any time to help more children go out of mystery and set foot on a new journey of healthy and upward.

(The minority of the minor in the article is a pseudonym. The news pictures of this article are all students from the students of Yuhua Middle School in Xicheng District, Beijing.)

(Procuratorate Dai Jia)

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