| There is a special group of people in juridical practice and people usually call them as“pregnant and breast-feeding women”,who refer to pregnant women or women carrying baby;more extensively,they also include women carrying baby or minor children,hereinafter referred to as this group of women.Just as they know,the law protects women who are pregnant or breast-feeding their babies and can't take compulsory measure of arresting.For criminal suspects carrying babies and minor children,juridical organ has to consider about the care and raising problem of children.Therefore,they can only obtain a guarantor pending trial.This law is not a secret originally and the production for“two pregnant”in legislation has no ground for blame,which is mainly for complying established practice in legislation of each country as well as the requirements of related international covenant;at the same time,it presents humanitarianism and avoid involvement of innocent fetus and infants.However,with the strengthening of legal efforts,corresponding side effects come out after people getting more and more familiar with laws.Some ill intentioned people make use of the mercy of law and legal loopholes,which become the unstable factors of society and cause severe social influence;however,juridical organs can't take tough restrictions and make them become the blanks of law.Due to the special status of this group of women,most of people have no vigilance for them.They conceal themselves with potbellied body or carrying a baby and gather in crowds.They steal things when people inquire them or amuse the baby while the people who have been stolen seldom suspect them,which make them succeed frequently and become bolder;severe phenomenon of one person leading one village,one village leading one county,everyone obtaining wealth through this has appeared.In view of types of crime,in violent crimes of murder and robbery etc,this group of women takes up a small ratio of women crime,while in crimes against property,the ratio of this group of women keeps on increasing dramatically,which achieves over half of the women crime.The reason for this phenomenon lies in the fact that for violent crime,juridical organ will arrest and detain this group of women to avoid them endangering society again;while in crimes against property,it is taken as slight crime and will not take compulsory measures to restrict personal freedom and not cause social damage;the this group of women are usually released after education and not make substantial bundle,which makes them go back to society to pursue crime again and the recidivism rate is very high.Since the reform and opening up,the ratio of female crime keeps on increasing obviously.According to the statistics,in 1950s-1960s,the female crime took up1%-3%;5%in 1970s,9%in 1980s and 10%in 1990s;after entering into the 21~stt century,it reached 13%and this ratio keeps on increasing continuously in recent years.With the continuous progress of social urbanization,information and law popularization,this group of women attacks and challenges law frequently after they learnt the“protection”of law for them.In juridical practice,the litigious process for this group of women has been impeded,it is difficult to put them in prison after sentence and it is difficult for implementation after put into prison etc,all of these have caused to educate this group of women who committed illegal crimes mostly but not make further combat,leaving the matter unsettled.It is also the main reason for the continuous increase of crime rate of this group of women,adopting lynch for this group of women will challenge social rule of law and vicious cycle of rural construction.At the same time,it will arouse the change of family structure and loss of education for children etc,which is not good for social stability and development.It can be found from the punishment for this group of women who committed illegal crime abroad that our punishment within juridical system is single and backward and there is big loophole in the special protection for them,which causes in the practical operation of juridical practice,the attack on them will produce bigger negative effects.Other countries have different regulations and treatment methods for this group of people;for the countries with more complete legal system and well developed,their treatment methods can balance the relationship between attack and protection in a better way.In other countries and regions,there are some preferential treatments for the sentence of this group of women,but it is not simply without going into jail.It needs to set up special places of detention and delaying the execution of penalty to realize the treatment for this group of women who committed illegal crimes.The reason why it is difficult to execute above implementations for this group of women in our country is that every process of juridical process can't ensure the normal and complete execution of process;at the same time,satisfy the special physiological needs of this group of women and ensure the crucial benefits of them as well as the babies.To present fairness and justice in the treatment of this group of women who committed illegal crimes,the legal purpose of tempering justice with mercy,as well as decrease the repeated crimes of this group of women who making use of the legal protection,this situation can be improved through improving legal system,setting up special detention places,improving probation system and improving social management after studying our current situation and learning from the related regulations in other developed countries.To solve the problem of difficult implementation for this group of women,it needs to fill in the loopholes in current laws fundamentally.First,make penalty classification for this group of women who committed illegal crimes.As our laws and regulations take across-the-board treatment for this group of women who committed illegal crimes,we do not distinguish the types,plots and subjective mentality of their crimes as well as number of crimes,so all their illegal crimes are“protected”by laws no matter under which subjective mentality they committed the crime.However,effective deterrent can be offered to this group of women and the unnecessary illegal crimes can be prevented happening continuously only by making clear distinguishing in practical law implementation and implement classified penalties on the basis of laws.Secondly,prepare special trial procedure for this group of women who committed illegal crimes.Based on our current trial procedure for cases,in the process of juridical practice,it will take at least few months or even one or two years at most for one case from public security arresting suspects to final judgment of the case.It needs to reform the tedious,long and low-efficient case litigation process and set up special trial procedure for this group of women who committed illegal crimes,which can decrease litigation cost effectively,improve litigation efficiency,more important,decreasing the suffering of suspects while waiting for the litigation results in the long litigation process and decrease the influence of litigation on their psychology and physiology.Thirdly,confirm the responsibility for baby care.On the treatment for this group of women who committed illegal crimes,besides pay attention to the protection of women's rights and interests,it should not ignore the protection of the baby's rights and interests.When the mother's freedom is restricted and the guardianship has been deprived,the confirmation and implementation for the guardian and management of babies should be solved by joint efforts of all social departments.In this way,it can be confident and with methods during implementation and achieve“there are laws to abide by and law breakers must be prosecuted”.In our current legal system,the compulsory measures for this group of women who committed illegal crimes can be divided into two parts.First at case investigation stage,the vast majority takes monitoring measures of supervising residence or guarantor pending trial etc.for this group of women;second after sentence,except for some individual major cases,it usually not detain thethis group of women.The main reason for non-detention of this group of women is that there are no special places in our current prisons,detention houses and custodies for this group of women.Therefore,to solve the non-detention problem,it is crucial to set up special detention places for this group of women,including special places with residential supervision and places for retention.As it is stipulated in our current laws that for pregnant or breast-feeding women who have been sentenced with life imprisonment,probation can be implemented temporarily;however,as death penalty is not suitable for them,this is the highest penalty for them.Probation can be offered to this kind of penalty,while it is more suitable for those this group of women,who are with slight sentence.In juridical practice,this group of women usually takes advantage of this humanitarianism system to get out of prison execution.For this,the existing probation system needs to be improved in the aspects of provisions of the applicable personnel classification,identification for probation responsibility and treatments for breaching of system etc.All the reforms in legislative provisions and law enforcement are made after the illegal crimes of this group of women;the changes of treatments for them can only frighten them to some extent,but if we want to decrease the happening of their illegal crimes,it is more important to restrict them before their illegal crimes.Not only for the this group of women,it is easy to found out in the analysis of all women who committed illegal crimes that women with low cultural quality and weak legal consciousness take a bigger proportion;most of them were born in rural areas and have not accepted good education and have a superficial knowledge of law.Therefore,to decrease the illegal crime rate of women,it needs to improve their legal consciousness in a proper way,at the same time,offer necessary assurance to them to strengthen their recognition for law.The purpose of this paper is to list the harm of illegal crimes of this group of women after analyzing the current situation and reasons and proposes suggestions finally for improving our juridical system and social management and decreasing the illegal crimes of this group of people through comparing the treatments for this group of women both at home and abroad. |
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