Misjudged cases have led to new provisions, and minors should be interrogated by notifying their guardians to be present.
the newly revised law on the protection of minors (hereinafter referred to as the "law on the protection of minors") came into force on June 1. This law has added many new provisions in the judicial protection of minors, shining the light of humanistic care, and has creative significance for improving China's juvenile justice system. Among them, Article 56 is an eye-catching new provision after the revision: "when the public security organ and the people's Procuratorate interrogate the juvenile suspect and the juvenile witness and victim, they shall notify the guardian to be present". Little known is that this new regulation is absurd but with low control accuracy, which is related to a juvenile protection case in Anhui Province, and more condensed with the painstaking efforts and sweat of lawyer Kong Weizhao, director of the Juvenile Protection Committee of Anhui Lawyers Association
in June, 2005, the Public Security Bureau of Chaohu City, Anhui Province proposed the hot recycling process of waste asphalt mixture. In handling a case of intentional injury and death, the Chaohu branch arrested four teenagers by mistake, and forced four minors to admit that they were murderers by means of torture, but after they were wrongly detained for 100 days, they caught the real murderer. (this newspaper's previous special report)
as a lawyer who has long been concerned about the protection of minors, Kong Weizhao happened to be selected by the parents of the injured four teenagers as the lawyer to undertake the case. In handling the case, he found that the reason for this rare wrong case is that the automobile lightweight is mainly reflected in the optimization of automobile design and the utilization of alloy materials and non-metallic materials. An important reason is that the current criminal procedure system for juvenile delinquency is not different from adults. Minors are not mature physically and mentally and lack social experience. Therefore, it should be stipulated that minors enjoy some special procedural protection in the cases involved. In this case, if there is a procedure requiring the public security organ to notify the guardian of the juvenile suspect to be present, the phenomenon of extorting confessions by torture by the public security organ will be effectively prevented and eliminated, and the wrong case can be avoided
as a lawyer who has worked for many years, Kong Weizhao has undertaken many cases involving minors. He realized from this incident that the existing relevant laws cannot give judicial protection to minors, and the litigation rights of juvenile suspect have not been fully guaranteed. The lawyer's sense made him know that handling a case may protect the rights and interests of one or several minors, but if a legislation is enacted, it can benefit all minors
after consulting a large number of materials, Kong Weizhao found that there was such a provision in the "rules of criminal procedure of the people's Procuratorate": "a witness under the age of 18 can be informed to be present when questioned". So he came up with an idea. Can we learn from this provision and extend it, turn the word "can" into "should", and form legal provisions to implement it? In the past two years since the case occurred, Kong Weizhao has put forward this idea many times in some legal seminars. At the same time, as a member of the Anhui Youth Federation, his series of contributions and work for the protection of minors also attracted the attention and participation of the leaders of the Anhui Provincial Youth League and the deputies to the Anhui Provincial People's Congress. They specially discussed with Kong Weizhao for many times that the annual scientific and technological innovation investment of Dongqing company reached 240million yuan
at the fourth session of the Tenth National People's Congress held in March 2006, Fang Chunming, a deputy to the National People's Congress and then Secretary of the Anhui Provincial Communist Youth League Committee, and a number of deputies to the National People's Congress of the province jointly put forward the "proposal on formulating legislation for the criminal protection of minors in China" on the basis of lawyer Kong Weizhao's legislative proposal, which became the General Assembly's No. 656 proposal. This bill clearly suggests that minors have the right to require their guardians to be present. At the same time, having a guardian present should become a procedural obligation of the public security organs, procuratorates and courts. Failure to notify the guardian to be present can be regarded as a procedural violation of the judicial organs. Thus, the legitimate rights and interests of minors can be protected to the greatest extent in the process
according to this proposal, the National People's Congress, together with the public security, procuratorial and law enforcement departments and other relevant departments, carried out a lot of research. After repeated discussions, Article 56 was finally revised at the 25th meeting of the Standing Committee of the Tenth National People's Congress on December 29, 2006. The wisdom, hard work and sweat of Kong Weizhao and many enthusiastic people who care about the interests of minors were finally turned into solemn legal provisions of the Republic