Draft Law: 14 Year Olds Eligible for Detention

The detention law is designed to punish violators whose offenses are non-criminal but still considered harmful to society. In its existing version, juveniles between 14 and 16 and first-time offenders between 16 and 18 are exempt from administrative detention, which usually lasts about 20 days.　　

The proposed revision, however, has removed juveniles between 14 and 16 from the exemption. Meanwhile, the exemption age limit for first-time offenders has been lowered to 14. If the revisions were to take effect, those as young as 14 would be detained if they reoffend.　　

A study by the Chinese Society for Juvenile Delinquency Prevention Research, quoted by China Daily, estimated that more than 50 percent of juvenile crime is committed by young people aged 14 to 16. The Criminal Law, however, only requires residents who are 16 or above to take full criminal liability.　　

But since juveniles between 14 and 16 were exempt from administrative detention, the country’s under-age crimes have in fact been effectively contained, argued Yao Jianlong, president of Shanghai University of Political Science and Law, in China Youth Daily. Juvenile crimes as a proportion of total criminal offenses have decreased from 9.8 percent in 2005 to 2.9 in 2016, Yao quoted statistics as showing.　　

“The correlation between them [the exemption and decrease of juvenile crimes] still lacks empirical proof, but to keep juveniles, who committed only minor offenses, away from detention, is internationally recognized as a successful strategy against underage crimes,” Yao wrote.　　

Wang Ying, a district prosecutor in Ningbo, Zhejiang Province, was quoted by China National Radio as warning that detention is likely to cause irreversible mental damage to juveniles.　　

“After juveniles suffer detention and lose freedom during this period [14 to 16], they tend to be more aggressive toward other people,” Wang said.