Shang Xiuyun, a judge from Haidian district court in Beijing, says round-table trials for young defendants are effective and reduce recidivism among juvenile offenders. Wang Jing / China Daily |
According to Beijing Higher People's Court, a round-table trial is a new setting, where the court seems more like a large classroom than the traditional gloomy trial court. Judges at juvenile cases behave more like teachers or parents, Liu Yumin, a press officer from Beijing Higher People's Court, told China Daily.
"The black cage-like dock has been replaced by a small yellow desk, and the court's dark brown decor has been changed to light yellow," Liu said.
The judgment seat has been lowered to the same level as the defendant's seat to show respect for the children.
"The whole tribunal seems more like a U-shaped large desk, which is like
opening arms to welcome them back to society and their family," Liu said.
In the past, the interior decor of a juvenile courtroom was the same as an adult one, which is dark brown to create an imposing setting and solemn atmosphere. The forms of the trials were also the same, Liu said.
Young suspects were also restricted to the defendant's bar during the hearing. Sometimes they were even shorter than the height of the bar and had to raise their heads to answer the judge's questions, he said.
Meanwhile, judicial police stood behind them throughout the hearing, making children very anxious; some were too nervous to speak, while others cried.
The Beijing Higher People's Court has forwarded the notice of the Supreme People's Court (SPC), which stipulates that courts should introduce round-table trials for juveniles charged with minor crimes or criminal negligence.
"The round-table trial adapts to the minors' physical and psychological characteristics," said Liu.
"From 14 to 17, children are entering puberty, and they become very energetic and full of curiosity. They are vulnerable to outside influences, but their ability to differentiate and control themselves is weak."
Beijing Haidian District People's Court was the first to launch round-table trials in its juvenile court on a pilot basis.
"Many years of practice proved this style is effective in improving trials' efficiency and reducing recidivism in juvenile offenders," said Shang Xiuyun, a judge from Haidian district court.
Shang is known as the "judge mother" for making friends with juvenile suspects during her 24 years of specializing in youth trials.
Shang told China Daily that 90 percent of minor suspects are aged from 14 to 17, and most are "marginal youth", who have not had happy childhoods and good families.
"Violation of property, theft, provoking a quarrel or a fight, robbery, intentional injury and sexual assault account for the majority of their crimes," she said. Shang added that most of them do not commit crimes out of malice, but because they were tempted by things such as money, violence and sex.
"The round-table trial pays more attention to educating, influencing and saving young offenders," the judge said.
In July 2010, Haidian district court sentenced a 17-year-old girl from Henan province, surnamed Sun, to two years' jail for theft, with probation of two years.
From March to June 2010, Sun stole computers and mobile phones worth 6,000 yuan ($925) from students at Peking University and Renmin University of China.
Shang said Sun committed the crimes because of her unfortunate childhood and her hatred of her family.
"Her parents often scolded and mistreated her because she was the third child," Shang said. "Then she became introverted and obsessed with the Internet and started to miss school."
In March 2010, she stole 6,000 yuan from her family and came to Beijing, but soon spent the money, Shang said.
"The court hearing was more like a school class. I was relaxed and not afraid," Sun told China Daily.
"The judge didn't accuse or reprimand me. She cared for me, and analyzed the reasons for my crimes."