China's Supreme People's Court: Special and Priority Protection of the Legitimate Rights and Interests of Underage Girls in Accordance with the Law 中国最高人民法院:依法特殊, 优先保护未成年女性合法权益
MARCH 30, 2021
Dui Hua was proud to host the final webinar of the International Symposium of Girls in Conflict with the Law where we heard directly from two members of the Supreme People’s Court in China about issues of girl’s justice and current legislation in China. The event represented a landmark for Dui Hua and the Symposium, underlining the importance of knowledge exchange between nations on issues that transcend borders.
Dr. Jiang Jihai (江继海), Director of Juvenile Offender Office of Research Office of SPC (中国最高人民法院少年审判指导工作处处长) and Ms. Dai Qiuying (代秋影), Director of Center for the Protection of Minors of Applied Law Research Institute (中国最高人民法院中国应用法学研究所刑事行政审判研究部主任, 副研究员) discussed the number of girls tried, causal factors, types of crimes, and the SPC approach to handling crimes in accordance with the rule of law. Moderated by: John Kamm (康原), Founder and Executive Director – The Dui Hua Foundation (中美对话基金会执行董事)
Dr. Jiang shared statistics about the convicted number of girl offenders for 2018, 20019 and 2020 as well as the percentage of convicted minor offenders that were female for each of those years. In speaking about the Chinese legal approach to girl offenders, Dr. Jiang stated
“We are committed to the policy of focusing on education and improving, as far as rehabilitation. And we try to educate them first and punish them as a second principle. If we want to achieve real protection (for girls) we cannot just deliver a fair judicial judgment. In fact, the work is extended well beyond the federal conviction. For example, our post‑trial follow‑up assistance and education is also very important. We offer a many types of court assistance, intervention, as well as educational assistance. These are all a natural extension of our juvenile justice work.”
Ms. Dai spoke about the causal factor for girls commiting crimes in China and what the judges of the Supreme People’s Court consider in ruling and sentencing girl offenders. Ms. Dai said
“In our actual traditional practice we tend to combine the effects, evidence, social investigation and individual interviews in our efforts to help minors. We consider the possibility of the recidivism of a minor offender, their motive, and we also we put into place the criminal policy of rehabilitation through education. This will give them diminished or an attenuated course of punishment on the basis of the proper application of laws in our conviction and sentencing.”
The presentation was very informative, a great show of cooperation on the serious issue of girls in conflict with the law and a strong finish to the Symposium.