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2017年2月15日,公安部发布《治安管理处罚法(修订公开征求意见稿)》,取消了现行《治安管理处罚法》中“已满14周岁不满16周岁的”未成年人“不执行行政拘留处罚”的规定,即此征求意见稿将行政拘留执行年龄降低至14周岁。这引起了不少学者的质疑。鉴于近几年低龄未成年人违法犯罪事件频发,且呈现低龄化、暴力化的发展趋势,加上缺乏切实可行的教育矫正方式,有必要适当地发挥法律的威慑性和惩罚功能。这可以让一些心智早熟的未成年人消除“违法也不用被惩罚”的认识,遏制恶性案件的发生,更好地保护受害未成年人的权益。
On February 15, 2017, the Ministry of Public Security issued the Law on Punishment in Public Order and Security Administration (Revising the Public Exposure Draft) and canceled the existing Law on Punishments in Public Security Administration, in which the number of minors under the age of 14 under 16 years of age, The “No Execution of Administrative Detention Punishment” stipulates that this draft will reduce the administrative execution age to 14 years. This aroused many scholars questioned. In view of the frequent occurrence of criminal activities of minors and minors in recent years and their tendency of becoming younger and more violent, as well as the lack of practical methods of education and correction, it is necessary to give proper play to the deterrent and punitive functions of the law. This will allow some precocious minors to eliminate their awareness of “not being penalized or punishable” and to prevent the occurrence of vicious crimes so as to better protect their rights and interests.