Legal manuscript (1)
Harm of bad behavior
From the criminal cases of minors tried by the people's courts, we know that minors usually start with bad behavior, and one of them starts with bad behavior. Violation of discipline? Illegal? The changing process of crime. Whether it is history or reality, a large number of facts tell people that the healthy growth of teenagers must actively prevent, overcome and correct bad behaviors.
1, what is bad behavior?
The bad behavior of minors refers to the deviant behavior that violates morality, discipline and law, that is, the behavior that slightly violates the law or social morality.
China's Law on the Prevention of Juvenile Delinquency divides bad behavior into two categories: one is bad behavior; One is serious bad behavior. There is no difference between serious bad behavior and bad behavior against social norms, but there is a difference in degree. The former involves moral issues; The latter involves illegal acts that seriously endanger society and are not enough for criminal punishment.
Minors should be educated not to commit the bad behaviors stipulated in Article 14 of the Law on the Prevention of Juvenile Delinquency: (1) playing truant or staying overnight; (2) Carrying controlled knives; (3) Fighting and insulting others; (4) extorting property from others by force; (five) theft or intentional destruction of property; (six) to participate in gambling or gambling in disguise; (seven) watching and listening to pornographic and obscene audio-visual products and reading materials; (eight) to enter the business ballroom and other places that are not suitable for minors as stipulated by laws and regulations; (nine) other serious violations of social morality.
Minors are not allowed to commit crimes as stipulated in Article 34 of the Law on the Prevention of Juvenile Delinquency? Serious bad behavior? ; (1) Gathering people to make trouble and disturbing public order; (two) carrying controlled knives, incorrigible; (3) repeatedly intercepting, beating others or forcibly demanding other people's property; (four) the dissemination of obscene books or audio-visual products; (five) engaged in fornication or pornography, prostitution and other acts; (6) repeated theft; (seven) repeated gambling, incorrigible; (eight) taking or injecting drugs; (nine) other acts that seriously endanger society.
2. What is illegal?
An illegal act refers to an act that violates the provisions of laws and regulations, is at fault and is dangerous or harmful to society.
Illegal acts can be divided into criminal illegal acts, civil illegal acts and administrative illegal acts according to their nature. Among them, acts that endanger society and violate the criminal law and should be punished are criminal acts. The social harmfulness of behavior is the most essential feature of crime. The illegality and punishability of an act are determined by its social harmfulness, and they are inseparable. If the behavior is obviously minor and harmless, it is not considered a crime.
Of course, criminal acts violate criminal law, but illegal acts are not necessarily criminal acts. Administrative violations and civil violations are not equal to criminal acts. They have different legal consequences and cannot be equated.
3. Juvenile delinquency begins with bad behavior.
The bad behavior of minors is actually a process of strengthening some bad habits from light to heavy. If you don't pay attention to using morality and law to regulate your behavior, and don't use social morality, traditional virtue and student code to demand, manage and cultivate yourself in your daily study and life, you will form good habits, good moral quality and good legal consciousness and let it develop uncontrollably. There are countless lessons and examples in this respect, so young friends should pay attention!
As the saying goes, a small hole does not make up a big hole. This is the most popular metaphor. A person who does not pay attention to overcoming minor illnesses will inevitably become a serious illness. We might as well analyze the examples of minors taking the road of crime and see the harmfulness of bad behavior, so as to improve the consciousness of preventing bad behavior. Teenagers with bad behavior can easily develop from bad behavior to illegal and criminal behavior if they are not corrected in time and effectively.
The following are some examples of the development of bad behavior. Please note them:
Smoking? It is easy to endanger health and induce crime.
Article 15 of the Law on the Prevention of Juvenile Delinquency stipulates? Parents or other guardians of minors and schools shall educate minors not to smoke or drink alcohol. No business premises may sell alcohol and tobacco to minors. ? The reason why smoking is stopped as a bad behavior is because minors have no financial resources, and in order to achieve the purpose of smoking, they will try their best to get money. Judging from the judicial practice, the crimes of theft and robbery induced by smoking among teenagers are frequent; Second, smoking is easy to induce bad friends.
Some minors commit crimes from the first cigarette.
Another important tendency is that some unscrupulous traders collude with drug dealers to inject drugs into cigarettes and sell them to minors by retail or credit, which leads some minors to unconsciously become addicted to drugs and embark on the road of crime in order to get money to take drugs.
Skipping school and not coming home at night? Vulnerable to external aggression
Case: Zhu Xiao, 16 years old, rushed out of the house and didn't come home all night because of several arguments with his parents who scolded him loudly. A week later, the police came to the door, and Zhu Xiao robbed six students on the day of staying. It turned out that Zhu Xiao spent the whole night surfing the Internet in the Internet bar after he left home, but he had no money, so he contacted his classmates.
Judge's analysis: Many examples show that not returning at night for no reason is one of the important signs of approaching or committing illegal and criminal acts. According to the investigation, among the 100 juvenile offenders, most of them commit crimes at night, and many of them do not go home after committing illegal acts. Minors are immature physically and mentally, lack life experience and the ability to distinguish right from wrong, and go out and stay overnight without authorization. Once there is a problem, it is easy to be infringed by the outside world because it cannot be monitored in time and effectively.
Alcoholism —— A Cause of Juvenile Delinquency
Case: During the summer vacation, three vocational high school boys played together and found a small restaurant to eat and drink. After dinner, it's past 1 1 p.m, and there are no buses, but they don't have enough money to take a taxi. What should we do? With the help of alcohol, someone suggested: stop a taxi directly and go home without giving the driver money. ? The other two echoed and offered to talk to the driver? Want money? . So they took a taxi to a quiet place and robbed the driver, 400 yuan. But the patrol found out and arrested three people on the spot.
Judge's analysis: According to public security personnel, nearly 30% of juvenile crimes are related to alcoholism, and many minors drink alcohol before committing crimes to be courageous. In addition, nearly 50% of juvenile delinquency is directly induced by alcohol. It is the responsibility of the whole society to educate and help minors stay away from alcoholism. Parents should change their tolerant attitude towards this kind of behavior and shift their children's interest to healthy activities. At the same time, we should set an example to reduce the influence of bad social atmosphere on students.
Drugs-Leading Teenagers to Destruction
Case: Zhang Hua 16 years old. His parents were busy making a living, and he lacked education since childhood. 12 years old, after finishing primary school, Zhang Hua dropped out of school and started a wandering life. Zhang Hua, who wandered in the society, was targeted by drug dealers. In order to lure him into drug trafficking, they even used deception to make Zhang Hua addicted to drugs. To sell? Smoking? Zhang Hua has to run errands for drug dealers? Send something? . On the way to take delivery, Zhang Hua was arrested by the public security police on the spot.
Judge's analysis: Although strengthening anti-drug education for teenagers and paying attention to psychological counseling for teenagers can help children stay away from drugs, many lessons tell us that the best way to help children stay away from drugs for life is for parents to give their children a warm home, create a harmonious family atmosphere, cultivate their good moral character and behavior habits, and prevent and correct their bad behaviors in time from an early age.
Fight? Tending to break the law.
Bad behavior that minors are not allowed to have as stipulated in Item (3) of Article 14 of the Law on the Prevention of Juvenile Delinquency? Fight, insult others. ? The reason for this rule is that some minors are aggressive and grumpy. If something goes wrong, you may fight and hurt people with a knife. Parents are guardians of minors and ask their children not to carry instruments that hurt others with them. This is love for children.
Forcibly demanding other people's property? Easy to develop into robbery
Some children have developed a bad habit of having everything they want. If his parents don't agree, his demands will not be met, and he will ask others by hook or by crook, even extort money. When confronted with the resistance or resistance of the requested object, it is easy to use violence, and this nature becomes robbery.
Watch and listen to pornographic audio-visual products? Easily induced sexual crimes
Article 26 of the Law on the Prevention of Juvenile Delinquency stipulates? It is forbidden to set up commercial song and dance halls, commercial electronic game places and other places that are not suitable for minors to enter near primary and secondary schools. ? The reason why the law stipulates this is to protect the physical and mental health of minors and reduce the cultural pollution of sexual violence. According to a questionnaire survey of juvenile offenders in Haidian District Court 100, it is found that 32% of them often read pornographic books, periodicals and audio-visual products and are affected. 39% often go to the video room, and 5 1% have. According to the analysis of criminal psychology, the sexual function of teenagers is gradually maturing, but the formation of sexual morality often lags behind the maturity of sexual function. The pollution of pornographic culture is the easiest way for teenagers in this period to brazenly pursue sexual stimulation. The pollution of pornographic culture is the direct cause of juvenile sexual crimes. Make friends with people with bad conduct? The accessible ink is black.
Case: 15-year-old Wei Ming was sentenced for intentional injury because his friend was careless. According to Wei Ming's account, he met Mr. Wang at a classmate's birthday party. Mr. Wang often invites him to eat and drink in restaurants and takes him to the video game hall to play video games. Busy parents didn't have time to accompany her, so Mr. Wang became Wei Ming's good friend and idol. One day, Mr. Wang suddenly said to Wei Ming. There is a boy who always tries to make me feel bad. I can't stand up. You can teach him a lesson for me. He doesn't know you anyway. ? Under the temptation of Mr. Wang, Wei Ming, who was originally honest and obedient, hit the man on the head with a stick in his hand, causing serious head injuries.
Judge's analysis: juvenile delinquency tends to be ganged, and the proportion of * * * accomplices is high. In recent years, as many as 60% of juvenile criminal cases have been tried by * * * accomplices. This is closely related to bad friends. Because adolescence is a stage of gradual maturity,
This stage is very imitative, and the surrounding environment has a great influence on them. Because the people who associate with them for a long time are all people with various bad hobbies, it is easy to get into the bad habit of being lazy and greedy for enjoyment, so that they gradually embark on the road of illegal crimes.
Gambling-an important inducement of illegal crime
Case: Zhao Jia, 17 years old, met some bad elements in the society during the holiday, and was lured by them to participate in gambling many times, owing more than 500 yuan in gambling debts. In order to pay off gambling debts, Zhao Jia held a triangular scraper for many times, forcibly robbed the property of nine primary school students, and collected more than 400 yuan in stolen money. The people's court found Zhao Jia guilty of robbery and sentenced him to fixed-term imprisonment according to law.
Judge's analysis: middle school students' gambling is harmful and useless. On the one hand, it takes up a lot of study and rest time, which affects academic performance and health. On the other hand, it also makes minors greedy. At the same time, once gambling is addictive, it is difficult to correct it once it becomes a habit, so gambling is an important inducing factor for juvenile delinquency. Minors like to get the upper hand in many things because of their strong competitive psychology; Due to the lack of social experience and impulsive emotions, they are often vulnerable to hidden worries and encouraged to participate in gambling. Once they learn how to taste excitement, they may become gambling addicts and frequent gamblers.
Stealing money from home is also a bad behavior.
Case: Xiao Lin, a middle school student, stole more than 5,000 yuan in cash from his neighbor's house by climbing over the wall and entering the hospital several times in a row. Finally, the court sentenced Kobayashi to fixed-term imprisonment for theft. Before the trial, the judge talked to the defendant's mother and wanted to know why the defendant committed the crime. Mother said that Kobayashi often secretly took money from home since he was a child, ranging from tens of yuan to hundreds of yuan.
Judge's analysis: although stealing money from home is an individual phenomenon, it can't be left unchecked, otherwise the family thief will develop into a thief. According to the data of a children's psychological counseling clinic, all 44 children have different degrees of? Stealing? Among the children who have behaviors, 6.8% take family money when they are four or five years old, 63.7% take it in primary school, and 29.5% take it after 12 years old? Stealing? Behavior.
Carrying controlled knives? It is easy to lead to serious crimes.
What is a controlled tool? According to the regulations of the Ministry of Public Security on controlling some knives, it refers to daggers, triangular knives, spring knives and other similar knives. Only the people's liberation army, armed police, professional hunters and other legal personnel can hold and carry these knives. In violation of the above provisions, those who enter public places with controlled knives shall be detained or fined in accordance with the regulations on administrative penalties for public security. Minors carrying controlled knives may hurt or be hurt by others, resulting in serious illegal and criminal consequences.
Legal Manuscripts (2)
Reflections on legal stories
I always thought that laws and regulations were adults' business. I was young and had nothing to do with me. This week, I learned the story of the legal system under the call of my teacher, only to know that the law is inseparable from everyone, regardless of age. As a middle school student, you should obey the law in your daily life. If you accidentally violate the law, you should be brave enough to take responsibility and remedy it in time. Never be smart, and you'll end up hurting yourself.
I read several articles on the Internet. What impressed me deeply was the story? Arson is just to export natural gas? As a middle school student, Zhang Xiaoshuai is among the best in his class, but he doesn't obey the law, respects his classmates, teases them and insults female classmates. After being criticized, he did not repent. Vent? Actually lit the school building. This tone cost the school 200,000 yuan, and more than 3,000 students were suspended for a time, so that they could only take turns to attend classes for half a year, which also made Zhang Xiaoshuai taste the sweetness? Prison? . This teenager should have lived a happy life like us, but just for a little thing, he took himself to a road of no return and ruined his voice. This picture shocked me, frightened me and sounded the alarm for us. We middle school students are in the golden age of learning knowledge, and our ability to distinguish right from wrong and control is still very weak. Therefore, we should respect our classmates, be strict with ourselves, pay attention to our words and deeds, start from me, quit procrastination and be a law-abiding middle school student.
Another impressive article is "stealing papers?" Thief? In this story, Ruan Xiangyu's father made an agreement with him: if he failed in the college entrance examination, he would confiscate his pocket money and computer. Ruan Xiangyu was confused before the exam because he was playful and didn't study hard at ordinary times. In order to cope with the exam, he sneaked into the office building of the county education bureau and stole six college entrance examination papers. Afterwards, he took a series of measures to get rid of the suspicion, but how can he compare with the police investigators? The French Open was slow but not leaking, and Ruan Xiangyu was finally punished accordingly. Students, we should learn from Ruan Xiangyu's lesson. Don't cram for the exam at ordinary times and take extreme measures to get good grades. Remember, the only way to get good grades is to study hard. Try your best even if you don't do well in the exam. Never try to steal a test paper. One small step will make you regret it for life.
Every legal story reminds us that the law is around us and we should all abide by it. If we make a mistake, we should correct it. Once we make a big mistake, it is useless to regret ourselves, because no one in the world buys regret medicine. Many times, crime is just an impulse, just like those friends in legal stories. Students, let's respect ourselves, make friends carefully, study legal knowledge seriously, and be a qualified middle school student who knows, understands and abides by the law!
I wish all partners can abide by the law and grow up healthily under the blue sky!
Legal Manuscripts (3)
Legal propaganda slogan
1、? Law? Is to wash away the evil spring.
Keeping a kind heart is the best way to maintain the law.
Don't put your hand on the edge of sin, please save your innocence and purity.
4. Inherit the spirit of legal system, improve moral quality and build a harmonious society, starting from you and me.
5. Start from the small things around you. With a good education, you can abide by the law.
6, thousands of laws, the first law.
7. With a little more legal system, our life will be more secure.
9. Laws and regulations are the most insignificant but meaningful things in life, but they are also more valuable than the greatest but meaningless things.
10, decrees govern the country, and decrees violate the country. Law-abiding, good national order; If the law is broken, the country will be in chaos.
Law brings hope to just people and despair to unjust people.
12, the law helps the weak and the strong.
13, the law does not protect the rights of street sleepers.
14. The law cannot make everyone equal, but everyone is equal before the law.
15. The existence of law restricts human behavior and breeds human soul.
I recommend it carefully.