热评丨让依法追究“极恶少年”刑责，成为法治的必然

Hot Comments Make it inevitable for the rule of law to investigate the criminal responsibility of "extremely evil teenagers" in accordance with the law

牵动人心的河北邯郸初中生被害案，有了新的进展。经最高人民检察院审查，依法决定对3名未成年犯罪嫌疑人核准追诉，3名未成年人将为自己的暴力行为承担刑事责任。详情

New progress has been made in the murder case of a junior high school student in Handan, Hebei, which has touched people's hearts. After review by the Supreme People's Procuratorate, it was decided to approve the prosecution of the three juvenile criminal suspects in accordance with the law, and the three minors will bear criminal responsibility for their violent acts. Details

在这起未成年人伤害未成年人的个案中，青春因暴力行为而戛然而止，令人感到心痛和愤怒。生命的教育、法治的教育不应该是滞后的，更不应该是高高举起、轻轻放下。依法追究年满12周岁行凶者的刑事责任，充分展现刑法相关法条的威严，也是向所有未成年人开展的沉重而深刻的法治课：没有法律不能管的“小霸王”，未成年人也必须敬畏法律。

In this case of a minor victimizing a minor, youth came to an abrupt end as a result of violent behavior, which is heartbreaking and outrageous. Education for life and the rule of law should not lag behind, much less be raised high and put down gently. According to the law to investigate the 12-year-old perpetrator of criminal responsibility, fully demonstrate the majesty of the relevant provisions of the criminal law, but also to all minors to carry out the heavy and profound rule of law lesson: no law can not control the “little bully”, minors must also fear the law.

早先，刑法一直沿用1979年的规定，将最小的刑事责任年龄划定为14周岁。随着未成年人身体发育、智力成熟的提前，低龄未成年人实施严重犯罪的案件时有发生，引发关注。2021年3月1日起施行的《刑法修正案(十一)》对刑事责任年龄作出下调：已满12周岁不满14周岁的人，犯故意杀人、故意伤害罪，致人死亡或者以特别残忍手段致人重伤造成严重残疾，情节恶劣，经最高人民检察院核准追诉的，应当负刑事责任。

Earlier, the criminal law has followed the 1979 provisions, setting the minimum age of criminal responsibility at 14 years old. With the advance of minors' physical development and intellectual maturity, cases of serious crimes committed by young minors occur from time to time, which has attracted attention. The "Criminal Law Amendment (Eleventh)", which came into effect on March 1, 2021, lowered the age of criminal responsibility: a person who has reached the age of 12 but not yet 14 commits the crime of intentional homicide or intentional injury, causing death or using particularly cruel means Those who cause serious injury to a person and cause serious disability, and the circumstances are serious, and the Supreme People's Procuratorate approves the prosecution, shall bear criminal responsibility.

这一修改有精准指向，同时充分考虑到这一年龄段不同个体的心智发展水平以及个案差别，没有“一刀切”，而是要求由最高人民检察院作出个案甄别，决定是否需要追究刑事责任，这体现了对未成年人的慎刑原则。

This revision has a precise direction, and at the same time fully takes into account the mental development levels of different individuals in this age group and the differences in individual cases. It does not "one size fits all", but requires the Supreme People's Procuratorate to make individual case screening and decide whether criminal responsibility needs to be investigated. The principle of prudent punishment for minors.

社会的安全感，特别是未成年人的安全感需要用法律兜底。最高检对3名未成年犯罪嫌疑人核准追诉，坚持对侵害未成年人犯罪“零容忍”，回应了公众对正义的期待，织密了法制运行之网。

The sense of security of society, especially the sense of security of minors, needs to be covered by the law. The Supreme People's Procuratorate approved the prosecution of three juvenile criminal suspects, insisted on "zero tolerance" for delinquency against minors, responded to the public's expectations for justice, and weaved a dense network of legal operation.

治理未成年人犯罪，还必须贯彻“教育、感化、挽救”方针，应积极协调推动“专门学校”建设，加大教育矫治力度。同时，也要划定一条红线，让依法追究未成年人严重犯罪的刑责，成为法治下的必然。(文丨沈彬)

To control juvenile delinquency, we must also implement the policy of "education, probation, and rescue", actively coordinate and promote the construction of "specialized schools", and increase the intensity of education and correction. At the same time, it is also necessary to draw a red line, so that it is inevitable under the rule of law to investigate the criminal responsibility of minors for serious crimes in accordance with the law. (By Shen Bin)