Abstract: juvenile delinquency and school violence show certain racial and national differences. Compared with the United States, the incidence of school violence in China is relatively low. However, some campus violence has caused significant social impact through the dissemination of online video, and caused social anxiety. There are great differences between China and the United States on the issues of campus violence and juvenile delinquency. The law enforcement principles and Strategies of juvenile delinquency in China have remained relatively stable, while the judicial system of the United States has been affected by the fluctuation of the criminal policy.
Key words: legal regulation of campus violence
Whether as the subject or the object, young people are involved in criminal cases, which will affect the nerves of the society and cause public concern and anxiety. China and the United States are big countries in the world, and they are also populous countries in the world. They have distinct characteristics in combating juvenile delinquency and dealing with campus violence, and there are huge differences. The domestic and foreign academic circles have many discussions on the Chinese and American judicial circles' response to juvenile campus violence. This paper makes a simple comparison of the legal measures of the two countries based on the judicial practice data of the Chinese and American judicial circles' response to juvenile campus violence.
On March 27 and 30, 2015, more than ten Chinese students studying in high schools in the United States abused two female students for trivial matters. After the incident, a total of six suspects were arrested, and several other suspects absconded and were wanted by the police. The parent of a student who tried to bribe the victim to withdraw the prosecution was also arrested. On February 17, 2016, the case was adjudicated in the Pomona High Court of Los Angeles. Among them, Zhai Yunyao, Yang Yuhan and Zhang Xinlei were sentenced to 13 years, 10 years and 6 years' imprisonment respectively. Since all three persons reached a plea and commutation agreement with the prosecution on January 5, 2016, the prosecution withdrew the charge of torture that could be sentenced to life imprisonment. After the three have served their sentences, they will be deported and it will be difficult for them to enter the United States.
Similar cases have been repeatedly staged in China. However, judging from the judgment results, the heaviest penalty for such cases is only six and a half years' imprisonment. And it is worth noting that according to official statistics, the number of cases of campus violence in China that are ultimately investigated for criminal responsibility is still small.
As for campus violence, Chinese official institutions have hardly given a legal definition. Generally, the media or the public judge what campus violence is by common sense. In the officially published China Law Yearbook, there are only records of juveniles being arrested and tried in court, and there are no classified statistics of those tried for school violence. That is, campus violence is not a criminal act specifically dealt with by Chinese law, but is included in the general criminal law or school discipline.
Because of the spread of campus violence in the United States, it is regarded as a cancer of society. The American judicial circle has a clear definition of campus violence. The Centers for Disease Control and prevention of the United States defines school violence as: juvenile violence occurring within the scope of school property, on the way to and from school, and in school sponsored activities. A teenager may be a victim, perpetrator or witness of school violence. Campus violence includes intimidation, bullying, pushing, squeezing and other violent acts as well as gang violence, attacks and even murder.
Comparison of legal regulations on campus violence between China and the United States
With regard to the legal regulations on handling campus violence in China and the United States, we can intuitively see from the above chart that the similarities and differences between the two countries are reflected in the following aspects:
First of all, the similarities between the two countries are as follows: first, in the legal system, both China and the United States have formulated special laws against juvenile violent crime, which are used together with general comprehensive laws to form a regulatory system for juvenile violent crime; Second, in the legal system, juvenile protection provisions have been set up on the basis of juveniles and minors. In particular, the two countries have made special provisions on the separation of juvenile offenders from adult criminals, so as to prevent juveniles from being corrupted and harmed by adult criminals; Third, there are provisions on probation and community correction for juvenile offenders of minor crimes, and after the punishment is completed, no criminal record will be left, so as to facilitate the juvenile to return to society and start a new life.
Second, the differences between the two countries are as follows: first, China does not have a special law on campus violence, but only the criminal law and the law on the prevention of juvenile delinquency. The United States has introduced many laws specifically aimed at school violence. There are fundamental differences between the two countries in the degree of attention paid to campus violence; Second, in China, juvenile delinquency, whether it is a felony or a misdemeanor, is included in the juvenile justice protection system and is treated more protectively than adults. In the United States, juvenile felony directly enters the adult justice system and is treated the same as adult offenders. Only minor crimes can enter the juvenile justice system and receive protective sentences; Third, China excludes the death penalty for juvenile crimes, while some states in the United States retain the death penalty; Fourth, China has a juvenile court for minors, but the juvenile court in China is a trial team composed of adult judges. In many juvenile courts in the United States, juvenile Volunteers serve as judges, defenders, prosecutors, and judicial committees. They are truly peer trials; Fifth, in the spirit of legislation against juvenile violent crimes, China's legislative spirit focuses on education, supplemented by punishment, and the protective intent occupies a dominant position. The legislative spirit of the United States is mainly punishment, supplemented by education, and influenced by the fluctuation of the public policy of punishing crime.
Stones from other mountains can be used to attack jade. The level of understanding of campus violence in China is close to that in the United States in the 1980s. With the prevalence of campus violence, it is necessary to compare the differences in criminal law regulation between China and the United States on campus violence from the perspective of reference. To get rid of its dross and take its essence, the criminal law regulation of campus violence in our country is not only inadequate, but also contains some expectations. Campus violence not only causes physical trauma, but also casts an indelible shadow on the psychology of the victims, and these pain may accompany their lives and even affect the growth of the next generation. In the current trend of pursuing the rule of law and civilization, it is more important to follow the law than to follow the customs. The so-called western democracy does not mean that one can act arbitrarily. Law is also a powerful weapon to protect democracy. Only by respecting the law can one win life.