Should Administrative Detention Be Applied to Younger Juveniles?

A recent draft law amendment which would lower the minimum age for administrative detention from 16 to 14 has become the centerpiece of discussion in china.

As one of the harshest administrative punishments, detention applies to acts that severely violate the administration of public security but do not constitute crimes. the detention is usually less than 20 days. this punishment in the current law on Penalties for Administration of Public security applies to offenders over 16. the amendment released by the Ministry of Public security to solicit public opinions in February lifted the provision on exempting offenders aged 14 to 16 from the administrative detention penalty and changed the range of ages that specifies an exemption for first-time offenders from 16-18 to 14-18.

the draft amendment is seen as a response to rising concerns over minor offenders, especially those involved in school bullying and violence. After released, it has met both applause and concern for overcorrection.

supporters say administrative detention is an effective deterrent helping stop escalating issues of school violence. others argue that excessively harsh punishment may cause minors irredeemable psychological damages. Persuasion or guidance is more effective when trying to correct juveniles, they say.