CHINA TOPIX

11/02/2024 11:26:20 am

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Amendments to Chinese Law on Minimum Detention Age Proposed

Chinese Law Minimum Detention Age

(Photo : Alex Wong/Getty Images) A poster of the Chinese blind self-taught lawyer Chen Guangcheng is displayed during a hearing before the Africa, Global Health, and Human Rights Subcommittee of House Foreign Affairs Committee on Capitol Hill in Washington, DC.

A draft Chinese law that aims to lower the minimum detention age for citizens who have been held for non-criminal offenses has received mixed reactions from experts regarding its provisions.

In a bid to gauge public opinion on the proposed law, the Ministry of Public Security released a list of proposed revisions to the Law on Penalties for Administrative Detention, China Daily reported.

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Among the proposed changes in the list is a recommendation that seeks to nullify a provision in the law which states that youth offenders aged 14 to 16 cannot be administratively detained.

This provision in the draft Chinese law, which seeks to lower the minimum detention age of juvenile delinquents charged with non-criminal offenses, carries with it a penalty of 20 days of imprisonment.

Ministry officials explained that the proposed measure will keep the provision that protects first-time offenders.

Once passed, the law will now penalize 14-year-old law breakers who will commit the same offense.

According to Dai Qiuying, an assistant researcher with the Supreme People's Court, it is not surprising that such amendments to the Chinese law on minimum detention age have been made.

He explained that this is mainly due to the lack of practical measure to help juvenile offenders who would like to turn a new leaf.

In recent years, China has seen a rise in the number of juvenile-related crimes. 

What has made things more alarming is that most of these crimes were committed by youth aged 14 to 16.

"The opinion-soliciting draft's lowering of the minimum age of administrative detention to 14 years old is to meet people's dissatisfaction of not controlling the issues of low-age minors' crimes," noted Yao Jianlong, Dean of Criminal Justice School of Shanghai University of Political Science and Law.

Currently, Chinese residents who are younger than 16 and who break administrative laws. will not shoulder the legal consequences, China Radio International reported. 

On the other hand, teens aged 14 to 15 will normally not be penalized with detention depending on the severity of their crimes, while teens from 16 to 18 years old are usually given light punishment.

This has prompted the government to review the Chinese law on minimum detention age and find ways to improve it to better serve the interests of law-abiding citizens and help reform youth offenders.

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