A Discussion On The Criminal Responsibility Of Guardians In Juvenile Crimes

Strong youth makes China strong.Youth is the future of a country and the hope of a nation.And the growth of youth is also related to the future development of our country.Therefore,it is the primary responsibility of the state to ensure a good living environment for minors and the realization of their right to education.Deng Xiaoping once said," education is the foundation of a great plan in one hundred years." Education is not only an important means to improve the quality of the population,but also one of the ways to realize the great rejuvenation of the Chinese nation.For minors,family education is the most closely related to them and also has the greatest impact on their growth and development.The quality of family education not only determines the future of minors,but also affects the formation of healthy personality and correct values of minors.The lack of family education the behavior character of their guardians and the improper way of education are the important causes of the minors' bad behavior.In order to effectively ensure the healthy growth of minors,I urge the guardian to fulfill the guardianship obligation.In China,the marriage law,the law on the protection of minors,the law on the prevention of juvenile delinquency and many other laws have clearly stipulated the guardianship duties of guardians.Therefore,the performance of the guardianship duty is not only reflected in the realization of the basic living needs such as the maintenance and care obligation,but also to actively fulfill the correct education obligation for the minors,and guide them to establish the outlook on life,values and right and wrong views.Recently,a number of vicious criminal cases in which minors were acquitted for not reaching the age of criminal responsibility were reported in the relevant news,which caused an uproar among the public.At the same time,it also raises a heated discussion among experts in the field of criminal theory and practice on how to effectively prevent and regulate juvenile delinquency and reduce the potential harm to society caused by juvenile delinquency.Some scholars suggest that the problem of juvenile delinquency be prevented by amending the criminal law and lowering the age of criminal responsibility,which is also the majority of the public opinion.But there are some experts say it is no good ways to reduce the criminal responsibility age,think back the root cause of the minor crime is still in family education,and reduce the criminal responsibility age to punish minors,rather than the family reasons as the range of punishment law adjustment,through legislation to set the guardian responsibility shall be investigated for criminal responsibility system to deal with minor crime prevention.However,for this opinion,there are also that the juvenile delinquency after all is not the guardian of the behavior of direct cause.There is no direct causal relationship between custodial negligence and criminal outcome.But setting up the guardian responsibility still has the suspicion of "arch-lian",violates the principle of responsibility conceit.Moreover,the family education of minors should belong to the category of private rights of citizens,and the public rights of the state should stop.However,from the current situation,the delinquency caused by the juvenile delinquency behavior has been very bad.Potential security threats to society have been extremely serious.From the point of the present law system,juvenile crime,often do not conform to the legal age of minors is not punishment,but for their guardians generally don't need any criminal responsibility,more damage is only applicable alternative general compensation liability tort law,but also not necessarily performed in place,to urge the role of the guardian's ward are strong enough.The reality therefore calls for an urgent response to this question.The main theory and viewpoint of this paper is about the criminal responsibility of the guardian.It is hoped that the discussion of this paper can provide some immature reference for the practical problems.