Young offenders to get 2nd chance
Source: Xinhua |
October 30, 2010, Saturday
|
Print Edition
Print Edition
JUVENILE courts across China have started erasing the criminal records of some underage convicts, to stop them from facing discrimination upon release from prison.
The practice, common in the West, is being tested in China, where young people applying to enter the armed forces and some jobs are required by law to have their criminal records checked, said Shao Wenhong, a retired -Supreme People's Court senior judge.
Shao, now president of the People's Court Daily, said that if the trial is successful, the practice will be codified into law.
"It will be a big step forward for the protection of rights in the Chinese judicial system," Shao said.
Still, she admitted, the practice has its critics. Some local officials, employers, and victim-support groups worry it may weaken the law's punitive function and embolden criminals.
"For young offenders, our job is more to educate than to punish them," Shao said. "China has a saying: 'One mistake and you will regret it for life.' We are about to change that."
Court authorities have yet to stipulate -national standards, she noted.
During the trial period, offenders under 18, and sentenced to less than three years in jail or detention, will have their criminal records cleared upon serving their sentence.
Those who qualify were mostly jailed for minor offences such as theft or robbery, which account for 20 to 40 percent of all convictions of minors in China, court figures show. About 430,000 minors were convicted in criminal cases in China between 2000 and 2006.
In Laoling County, Shandong Province, court judges have welcomed the practice since it was initiated late last year.
Jia Fengyong, the presiding judge in Laoling's juvenile court, said 99 percent of underage offenders stay out of trouble once they have served their time.
"It's unfair to let them shoulder the burden for the rest of their lives," he added.
In Taiyuan, Shanxi Province, eight minors had their criminal records erased this year.
Local judicial officials have tightened the requirements for the clearing of criminal records to allow only first-time offenders that have served community-based correction orders and one year of probation to have their criminal records erased.
A judicial committee was established to review applications. This year, 30 applied but only eight were approved, said Tan Guodong, a municipal judicial official.
Schools and employers should not discriminate against these ex-convicts on the grounds they have served prison terms, he added.
But Tan said the practice remains controversial and that the high court needs to make the standards clear.
The practice, common in the West, is being tested in China, where young people applying to enter the armed forces and some jobs are required by law to have their criminal records checked, said Shao Wenhong, a retired -Supreme People's Court senior judge.
Shao, now president of the People's Court Daily, said that if the trial is successful, the practice will be codified into law.
"It will be a big step forward for the protection of rights in the Chinese judicial system," Shao said.
Still, she admitted, the practice has its critics. Some local officials, employers, and victim-support groups worry it may weaken the law's punitive function and embolden criminals.
"For young offenders, our job is more to educate than to punish them," Shao said. "China has a saying: 'One mistake and you will regret it for life.' We are about to change that."
Court authorities have yet to stipulate -national standards, she noted.
During the trial period, offenders under 18, and sentenced to less than three years in jail or detention, will have their criminal records cleared upon serving their sentence.
Those who qualify were mostly jailed for minor offences such as theft or robbery, which account for 20 to 40 percent of all convictions of minors in China, court figures show. About 430,000 minors were convicted in criminal cases in China between 2000 and 2006.
In Laoling County, Shandong Province, court judges have welcomed the practice since it was initiated late last year.
Jia Fengyong, the presiding judge in Laoling's juvenile court, said 99 percent of underage offenders stay out of trouble once they have served their time.
"It's unfair to let them shoulder the burden for the rest of their lives," he added.
In Taiyuan, Shanxi Province, eight minors had their criminal records erased this year.
Local judicial officials have tightened the requirements for the clearing of criminal records to allow only first-time offenders that have served community-based correction orders and one year of probation to have their criminal records erased.
A judicial committee was established to review applications. This year, 30 applied but only eight were approved, said Tan Guodong, a municipal judicial official.
Schools and employers should not discriminate against these ex-convicts on the grounds they have served prison terms, he added.
But Tan said the practice remains controversial and that the high court needs to make the standards clear.
- About Us
- |
- Terms of Use
- |
-
RSS - |
- Privacy Policy
- |
- Contact Us
- |
- Shanghai Call Center: 962288
- |
- Tip-off hotline: 52920043
- 沪ICP证：沪ICP备05050403号-1
- |
- 互联网新闻信息服务许可证：31120180004
- |
- 网络视听许可证：0909346
- |
- 广播电视节目制作许可证：沪字第354号
- |
- 增值电信业务经营许可证：沪B2-20120012
Copyright © 1999- Shanghai Daily. All rights reserved.Preferably viewed with Internet Explorer 8 or newer browsers.
