NCJ Number
122940
Journal
Criminal Justice Review Volume: 14 Issue: 2 Dated: (Autumn 1989) Pages: 177-191
Editor(s)
G B Zhong
Date Published
1989
Length
15 pages
Annotation
Shanghai's Regulations Concerning Protection of Juveniles were the first such set of regulations enacted in China. They were adopted by the 29th Session of the Standing Committee of the Eighth Shanghai People's Congress on June 20, 1987, to become effective on October 1, 1987.
Abstract
Their enactment was conceived at a 1980 Conference on Juvenile Protection held in Beijing under the joint sponsorship of the National government and a large number of private groups and individuals who felt a need for legal protection of juveniles. Although there are some protections for juveniles written into China's constitution, and in the substantive and procedural criminal codes and the marriage law, those general provisions did not meet the needs arising in the 1980s. Those perceived needs were in the following five categories: (1) Effective protection of the personal rights of some juveniles was not possible under the existing general law. It was believed, for example, that inappropriate corporal punishment administered by some parents and teachers was forcing some children out of their homes and into the streets, where they were quickly becoming juvenile offenders, and was even leading some juveniles to suicide; (2) It was believed that many schools did not offer well rounded educational programs. Too much emphasis on the intellectual education of students was leading to neglect of their moral education. Recklessly heavy academic work loads were being imposed on students by their parents and teachers, which deprived the students of their rights to rest, recreation, physical exercise, and other after school activities. The resulting lack of moral education was being reflected in a decrease in the morality of students; (3) Some schools were using or lending their schoolrooms, playgrounds and other facilities for commercial business purposes, which infringed on students' rights. Such abuses could be controlled only with more specific restrictive regulations; (4) Pictures and books containing pornography and portraying violence were believed to have become available to juveniles as an undesirable side effect of China's open door policy, which had been designed to introduce advanced science and technology into China's economy. Those pictures and books were believed to be one of the main factors leading juveniles to commit crimes; (5) Persons released after conviction and incarceration for crime were believed to have an adverse effect on China's juveniles, inducing them to commit crimes and actually committing crimes themselves against the juveniles (such as rape and similar indecent and humiliating acts against female juveniles). Based on China's constitution, the Regulations were drawn up to respond to these perceived social needs as expressed by appeals of the people and by government agencies. Early drafts were widely discussed by civic groups prior to adoption of the final draft. Nearly two years of practice under the Regulations indicate that they are proving to be effective. The National and other governments are now considering adoption of similar regulations. 8 notes. (Author abstract)