At a working group session on criminal liability of minors,
Professor Gao Mingxuan said that minors are viewed separately
within the framework of the Chinese legal system. Gao, who is vice
president of the International Association of Penal Law (AIDP) and
president of the Chinese National Group of AIDP, was speaking at a
Tuesday morning session of the 17th International Congress of Penal
Law, currently being held in Beijing.
"In terms of judicial authority and the death penalty, China has
granted special protection to minors," Gao said.
The age of criminal majority in China is 18, while the minimum
age for criminal liability is 14, in line with international
practice. "Minor offenders under 14 are only subject to educational
measures in China," Gao pointed out.
Criminal liability of minors is decided by youth courts,
specialized judicial authorities with a separate jurisdiction from
adult courts.
China established its first youth court in 1984 in Shanghai.
Thousands more have been set up nationwide in the 20 years since,
and some provinces are considering establishing special courthouses
for youthful offenders.
"Practices in other countries also have Chinese penal law
scholars working in some new directions," said Gao. For example,
considering that adolescence can be prolonged into young adulthood,
some countries extend opportunities for educational measures or
alternative sanctions that focus on rehabilitation to the age of
25.
"We have not thought much about that, but it is surely a
direction," he said.
The 17th International Congress of Penal Law is being held from
September 13 through 19 in Beijing. Nearly 1,000 representatives
from 68 countries have gathered to discuss how to meet the
challenges of criminal offences in a globalized world.
The International Association of Penal Law is a non-governmental
organization with consultative status at the United Nations and the
Council of Europe. It was built on the principles established
by the United National Charter and the Universal Declaration of
Human Rights.
(Xinhua News Agency September 15, 2004)