Elementary school girl assaulted, 4 boys surprisingly exempt from liability

[2] Case Review
On May 27, during afternoon classes at school, because there was no teacher supervising the classroom, four male students dragged and pulled Xiaohua (a pseudonym) into the boys' restroom and assaulted her. A male teacher saw Xiaohua coming out of the boys' restroom, learned what had happened after asking her, and informed the school. After Xiaohua's father received notice from the school, he immediately reported the matter to the police and took Xiaohua home. Xiaohua has since stayed at home and has not gone to school.

 
On June 1, the Lantian County police issued a notice of non-filing, stating: "Regarding the case of Xiaohua being raped in Lantian County on May 27, 2020, upon review, our bureau has determined that none of the criminal suspects have reached the age of fourteen and therefore lack criminal responsibility capacity. No criminal liability needs to be pursued. The decision is not to file the case."

 
On June 3, a relevant official from the Lantian County Education and Science Bureau stated that psychological counseling for Xiaohua is currently underway. On the day after the incident, the four boys involved were transferred to other schools. The person in charge of the school where the incident occurred has been removed from their position, and the teachers and homeroom teacher involved have received administrative warnings. The school will provide all necessary assistance for Xiaohua's transfer.

 
[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.
…
 
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 protection of "under fourteen years old" shields juvenile offenders, but who will protect the victims who are under fourteen? The harm and psychological trauma inflicted on the girl will accompany her and even affect her entire life—who will take responsibility for her whole life? During this year's Two Sessions, some NPC deputies also proposed lowering the age of criminal responsibility for minors. We really need to reflect on juvenile delinquency and prevent more minors from becoming victims.
 
2. The basis for determining criminal responsibility should not be age alone, but should take greater account of subjective awareness and capacity for control.
In terms of criminal law, the most important factor in determining the starting point of the age of criminal responsibility is a person’s subjective capacity for cognition and control, namely the factors of consciousness and will, and the improvement of the capacity for cognition and control is based on the maturity of physiological and psychological conditions. The current starting point of the age of criminal responsibility at 14 in China was consistent with the social conditions of the 1970s. However, since the reform and opening up, with the rapid development of China’s economy and the improvement of children’s nutritional structure, the physiological and psychological maturity of children has also accelerated, and their capacity for cognition and control has improved considerably. In addition, with the advent of the current Internet era, the amount and speed of information received are far greater and faster than before. Therefore, the psychology and behavior of today’s 14-year-old children are also far more mature than they were at that time. Since the times are changing and people’s consciousness is also changing, the law, from a legislative perspective, should give even greater consideration to the actual situation.
 
3. The law needs to change, and education needs to be strengthened even more.
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.
 
Ultimately, the purpose of changing the law is not to punish. We simply hope that fewer minors will be victimized, and that fewer minors will go astray. The protective umbrella of "minors" can only shield you for a time, but it cannot protect you for a lifetime.