A primary school girl was assaulted, yet four boys were exempted from liability.

[2] Case Review
[3] On the afternoon of May 27, during class at school with no teacher present, four male students dragged Xiao Hua (pseudonym) into the boys' restroom and assaulted her. A male teacher saw Xiao Hua coming out of the boys' restroom, learned of the incident after questioning, and informed the school. Xiao Hua's father, upon receiving the school's notification, immediately reported the case to the police and took Xiao Hua home. Since then, Xiao Hua has stayed at home and not returned to school.

 
[4] On June 1, a notice of non-filing of the case issued by the Lantian County police stated: "On May 27, 2020, regarding the case of Xiao Hua's rape in Lantian County, our bureau determined after investigation that all suspects were under 14 years old, lacked criminal responsibility capacity, and did not require criminal prosecution. The decision is made not to file the case."

 
[5] On June 3, a relevant official from the Lantian County Education and Science Bureau stated that psychological counseling for Xiao Hua is ongoing. The day after the incident, the four male students involved were transferred to other schools. The principal of the school where the incident occurred has been removed from their post, and the teacher on duty and the homeroom teacher received administrative warnings. The school will provide all necessary assistance for Xiao Hua's transfer to another school.

 
[6] Current Law
1. Criminal Law of the People's Republic of China
Article 17 Age of Criminal Responsibility
A person who has reached the age of sixteen and commits a crime shall bear criminal responsibility. A person who has reached the age of fourteen but not the age of sixteen and commits the crimes of intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion, or placing dangerous substances shall bear criminal responsibility. A person who has reached the age of fourteen but not the age of eighteen and commits a crime shall be given a lighter or mitigated punishment. If a person under the age of sixteen is not subject to criminal punishment, his or her parents or guardians shall be ordered to discipline him or her; when necessary, the person may also be taken in for rehabilitation by the government.
 
2. Law of the People's Republic of China on the Protection of Minors
Article 54 For minors who violate the law or commit crimes, the policy of education, persuasion, and redemption shall be implemented, adhering to the principle of education as the main approach and punishment as supplementary. Minors who violate the law or commit crimes shall be given lighter, mitigated, or exempted punishment in accordance with the law.
 
3. Criminal Procedure Law of the People's Republic of China
Part Five Special Procedures
Chapter One Criminal Procedure for Juvenile Cases
Article 277 The policy of education, persuasion, and redemption shall be applied to juvenile offenders, adhering to the principle of prioritizing education over punishment.
When handling juvenile criminal cases, the People's Courts, People's Procuratorates, and public security organs shall ensure that juveniles exercise their procedural rights, receive legal assistance, and that the cases are handled by judges, prosecutors, and investigators who are familiar with the physical and psychological characteristics of juveniles.
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It is evident from the above current laws that both substantive and procedural laws provide special protection for juveniles. However, the law should protect the weak; the Juvenile Protection Law should protect juvenile victims, not juvenile offenders.
 
 
[1] The author's perspective
1. Age should not be a shield for criminals; being under fourteen is not an excuse for minors to act recklessly. 。
 The "under fourteen" rule protects minors who commit crimes, but who protects the victims under fourteen? The harm and psychological trauma suffered by girls will accompany or even affect them for life; who will take responsibility for their lives? During this year's Two Sessions, some deputies proposed lowering the age of criminal responsibility for minors. We truly need to reflect on juvenile delinquency and prevent more minors from becoming victims.
 
2. The basis for determining criminal responsibility should not be solely age but should consider subjective awareness and control ability.
From a criminal law perspective, the main factor in setting the starting age of criminal responsibility is a person's subjective ability to discern and control, i.e., consciousness and will. The improvement of discernment and control ability is based on the maturity of physiological and psychological conditions. Currently, China's starting age of 14 for criminal responsibility aligns with the social conditions of the 1970s. However, since the reform and opening-up, rapid economic development, improved child nutrition, and faster physiological and psychological maturation have significantly enhanced discernment and control abilities. Additionally, with the advent of the internet age, the volume and speed of information received are far greater than before. Thus, the psychology and behavior of 14-year-olds today are much more mature than in the past. As times change and people's awareness evolves, legislation should consider actual circumstances.
 
3. Laws need to change, and education must be strengthened.
Family is a child's first school and the first line of defense against juvenile delinquency. To prevent children from straying into crime, parents must fulfill their guardianship responsibilities, focus on their children's holistic development, improve their overall quality, and adapt to societal needs. Parents should communicate more with their children, promptly understand their thoughts, provide targeted guidance and education, correct misconceptions and behaviors, and help children form correct life and value perspectives.
 
Finally, the ultimate goal of changing the law is not punishment; we simply hope that no more minors will be harmed, and that no more minors will go astray. The "minor" umbrella can only protect you temporarily, but not for a lifetime.