At a working group session on criminal liability of minors, Professor Gao Mingxuan said that minors are viewed separately within the framework of the Chinese legal system. Gao, who is vice president of the International Association of Penal Law (AIDP) and president of the Chinese National Group of AIDP, was speaking at a Tuesday morning session of the 17th International Congress of Penal Law, currently being held in Beijing.
"In terms of judicial authority and the death penalty, China has granted special protection to minors," Gao said.
The age of criminal majority in China is 18, while the minimum age for criminal liability is 14, in line with international practice. "Minor offenders under 14 are only subject to educational measures in China," Gao pointed out.
Criminal liability of minors is decided by youth courts, specialized judicial authorities with a separate jurisdiction from adult courts.
China established its first youth court in 1984 in Shanghai. Thousands more have been set up nationwide in the 20 years since, and some provinces are considering establishing special courthouses for youthful offenders.
"Practices in other countries also have Chinese penal law scholars working in some new directions," said Gao. For example, considering that adolescence can be prolonged into young adulthood, some countries extend opportunities for educational measures or alternative sanctions that focus on rehabilitation to the age of 25.
"We have not thought much about that, but it is surely a direction," he said.
The 17th International Congress of Penal Law is being held from September 13 through 19 in Beijing. Nearly 1,000 representatives from 68 countries have gathered to discuss how to meet the challenges of criminal offences in a globalized world.
The International Association of Penal Law is a non-governmental organization with consultative status at the United Nations and the Council of Europe. It was built on the principles established by the United National Charter and the Universal Declaration of Human Rights.
(Xinhua News Agency September 15, 2004)
