Minimum age of criminal responsibility reduced to 12 years old, imposters in college

 China's proposed law amendments: Minimum age of criminal responsibility has been reduced to 12 years old, imposters in college

Chinanews Client Beijing, October 13th. On the 13th, the 22nd meeting of the 13th National People's Congress Standing Committee was held in Beijing. Many draft laws appeared at the meeting attracted much attention. Among them, the minimum age of criminal responsibility is proposed to be lowered to 12 years old, the behavior of imposing college admission is considered a crime, and a separate statutory penalty is proposed for violent assault on the police. and many more.

 

 

12 to 14 years old may be liable for crimes such as intentional homicide

On the 13th, the Criminal Law Amendment (Eleventh) draft was submitted to the Standing Committee of the 13th National People's Congress for a second review.

 

Prior to this, the issue of the downward adjustment of the age of criminal responsibility for minors has always been a concern of the outside world. This time, the draft stipulates that a person who has reached the age of 12 but has not yet reached the age of 14 who commits the crime of intentional homicide or intentional injury, resulting in death, shall be subject to criminal responsibility upon approval by the Supreme People’s Procuratorate.

 

Regarding the crime of adultery of underage girls, the draft states that heavier penalties are clearly applicable to serious situations such as adultery of underage girls under the age of ten or causing harm to underage girls.

  

It is proposed to criminalize the act of imposing college admission

In recent years, incidents of imposters in colleges that have been exposed in some areas have aroused public attention, and such behaviors may be regarded as crimes in the future.

 

In this regard, some members of the Standing Committee of the National People's Congress, departments, localities, and the general public have proposed that incidents such as imposters in college that have seriously harmed the interests of others and undermined the bottom line of educational fairness and social fairness and justice should be specifically criminalized.

 

The Constitution and Law Committee of the National People’s Congress recommended that the above-mentioned opinions should be adopted after research, and the embezzlement and fraudulent use of others’ identities to replace others’ higher education qualifications, civil servant employment qualifications, and employment placement treatments should be criminalized. At the same time, it stipulates organization and instigation.

 If implemented by others, he shall be punished severely. According to the second-review draft of the Criminal Law Amendment (11), the act of imposing college admissions is to be determined as a crime.

 

It is proposed to add a separate legal penalty for violent assault on the police

In order to further strengthen the prevention and punishment of attacks on police, the second review of the Criminal Law Amendment (11) draft adds a separate statutory penalty for violent attacks that are being carried out by public police in accordance with the law.

 

Some members of the Standing Committee of the National People’s Congress and departments suggested that the prevention and punishment of police attacks should be further strengthened from the law, and the “violent attack on the people’s police who are performing official duties in accordance with the The provision of severe punishment for official crimes adds a separate legal penalty.

 

At the same time, heavier penalties have been increased for serious violent assaults on police such as the use of guns, controlled knives, or driving a motor vehicle to hit the police.

 The Constitution and Law Committee of the National People's Congress recommended the adoption of the above opinions after research.

 

Overseas casino personnel organize and solicit Chinese citizens to go abroad for gambling crimes to be penalized

In recent years, cross-border gambling has committed serious crimes, resulting in a large outflow of funds, which has seriously damaged the image of the country and economic security. 

The Criminal Law Amendment (11) draft intends to amend the regulations on gambling crimes and increase penalties.

 

The second-review draft of the Criminal Law Amendment (11) stipulates that the penalty allocation for the crime of opening a casino will be further adjusted, and at the same time, the organization of overseas casino personnel will be increased to solicit Chinese citizens to commit overseas gambling crimes.

 

Intended to criminalize organizing and forcing athletes to use doping

Previously, some departments suggested that violations of doping regulations seriously damage the image of the country, undermine fair competition in sports competitions, and seriously damage the physical and mental health of athletes. 

It is recommended to organize and force athletes to use doping, and to induce, abet and deceive athletes to use doping to participate. Serious circumstances such as major domestic and international sports competitions or the provision of doping to them are criminalized.

 

In response to this, the second-review draft of the Criminal Law Amendment (11) is proposed to add one article after Article 355 of the Criminal Law to make corresponding provisions.

 

The criminal law intends to clearly stipulate the crime of sexual assault by guardianship, adoption, etc.

 

The second review of the Criminal Law Amendment (11) Draft adds the crime of sexual assault by persons with special duties, for persons with special duties such as guardianship, adoption, nursing, education, medical treatment, etc., having sexual relations with underage women who have reached the age of 14 and under 16. Regardless of whether the minor agrees or not, he shall be investigated for criminal responsibility and sentenced to fixed-term imprisonment of not more than three years, or three to ten years imprisonment for bad circumstances.

 

 

Handling of personal information of minors under the age of fourteen should obtain the consent of their parents

 

On the same day, the meeting also reviewed the draft revision of the Minor Protection Law three times.

The three-time draft of the revised draft law on the protection of minors intends to further strengthen the protection of minors’ personal information, clarifying that the handling of the personal information of minors under the age of fourteen shall obtain the consent of their parents or other guardians. 

Network service providers shall adopt Disconnect links and other measures to stop cyberbullying and the spread of information that endangers the physical and mental health of minors, and report to relevant authorities.

 

Priority should be given to veterans for positions related to national defense and army building

The draft law on the protection of veterans that has received much attention was submitted to the 13th National People's Congress Standing Committee for a second review on the 13th.

 

The second review of the draft said that some departments, localities, and the public suggested that some soldiers should be allowed to return to work in their original units before joining the army after retirement.

 After studying with the Ministry of Veterans Affairs, the Constitution and Law Committee proposed to add regulations: 

Retired sergeants and conscripts who were members of agencies, group organizations, institutions, or state-owned enterprises before joining the army can choose to reinstate their jobs after retiring.

 

The second review of the draft also stipulates that the Constitution and Law Committee, after studying with the Political Work Department of the Military Commission, proposes to add provisions: military civilian posts, national defense education institutions, etc., should give priority to qualified retired military personnel.

 

The proposed law clearly says no to illegal consumption of wild animals

On the 13th, the Wildlife Protection Law (Revised Draft) was submitted to the Standing Committee of the 13th National People's Congress for deliberation. It clearly stipulated in the general rules that illegal consumption of wild animals is prohibited.

 

The revised draft adds specific provisions in Chapter 3, prohibiting the consumption of wildlife under national key protection, the "three types" terrestrial wildlife and other terrestrial wildlife. It is forbidden to produce, operate, and consume food made from illegally purchased wild animals and their products.

In addition, the revised draft adds regulations on catering establishments, prohibiting online trading platforms, commodity exchange markets, catering establishments, etc. from providing display, trading, and consumption for illegal sale, purchase, consumption and use of wild animals and their products or prohibited hunting tools service.

 

 

Responding to public health emergencies is planned to be included in the legal situation of handling personal information

 

The draft of the personal information protection law that has received much attention was also unveiled on the 13th.

 

The draft clarifies the scope of application, improves the rules for personal information processing, improves the rules for cross-border provision of personal information, clarifies the rights of individuals and the obligations of processors in personal information processing activities, and clarifies the departments that perform personal information protection duties, a total of eight chapters 70 articles.

 

The draft will respond to public health emergencies or protect the lives and health of natural persons in emergencies, as one of the legal situations for handling personal information. It is also clarified that in the processing of personal information under the above-mentioned circumstances, it is also necessary to strictly abide by the processing rules stipulated in this law and fulfill the obligation of personal information protection.

 

Those who damage the personal information of Chinese citizens abroad may be included in the blacklist

The draft personal information protection law also clarifies that if foreign organizations or individuals engage in personal information processing activities that harm the rights and interests of citizens of the People’s Republic of China, or endanger the national security and public interests of the People’s Republic of China, the State Cyberspace Administration may include them

 The list of restrictions or prohibitions on the provision of personal information shall be announced, and measures shall be taken to restrict or prohibit the provision of personal information.

 

The draft also clarifies that if any country or region adopts discriminatory prohibitions, restrictions or other similar measures against the People’s Republic of China in terms of personal information protection, the People’s Republic of China may take corresponding measures against the country or region based on actual conditions.