Wang Shanping

Media commentator

Lowering the age for administrative detention will effectively deter minors from breaching the law. In recent years, the issue of worsening school bullying and violence has raised widespread concerns. Lack of effective penalties is one of the reasons behind this. In reality, gentle reasoning, lecturing or persuading usually fail to stop

some bullies from hurting others or engaging in violence.

Objectively speaking, compared to the punishments like warning and fining, administrative detention is one of the most powerful deterrents. Incarceration for five to 15 days will force minors to make a thorough self-examination to realize the severity of their misdeeds and give them a chance to start anew. Receiving a warning, in many minors’ eyes, is no different from being criticized by a teacher, the lightest punishment for violating school regulations. Therefore, minors are unable to learn their lesson and realize the solemnity of law.

According to China’s Criminal Law, people under the age of 14 have no criminal liability. Juveniles between the age of 14 and 16 should only be liable for severe crimes like murder. People of 16 and above should face full criminal

liability. Such stipulations lead to a problem that no effective punishment can be imposed on minor offenders aged 14 to 16 as long as they commit no severe crimes. But when they do, it is already too late to save them. Therefore, administrative detention can serve as a transitional measure to timely correct the minors and prevent them from going down the wrong path.

security administration rules will not help them correct their bad behavior, but deprive them of opportunities to reshape their values and morality. A sense of being marginalized may lead them astray once again.

Administrative punishments are targeted at minor violators whose behavior does not constitute crimes. Minors’ misbehaviors are totally different from malicious crimes, and do not deserve a severe punishment like detention.

It is not appropriate to apply public security administration penalties to juvenile delinquency because all minors go through a period of rebellion in their teenage years. Instead of succumbing to coercive means, they may become even more rebellious and aggressive. Some may even develop vindictive feelings and twisted values, eventually sliding into an abyss of crimes.