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帮信罪新规:兼顾未成年人保护与轻罪治理
经济观察报· 2025-07-31 10:24
Core Viewpoint - The new regulations on aiding crimes outline a judicial baseline for the protection of minors, balancing deterrence and future support, moving towards the ideal of a fraud-free society [1][6]. Summary by Sections Current Situation of Aiding Crimes - The joint release of the opinion by the Supreme People's Court, Supreme People's Procuratorate, and Ministry of Public Security addresses the reality of aiding crimes characterized by low age, low education, low income, and a high proportion of first-time offenders [2]. - Over 80% of defendants in aiding crimes are under 35 years old, with one-third being under 25, highlighting the vulnerability of minors and students exploited by criminal gangs [2]. Targeted Governance for Minors - The opinion provides a systematic response to the special governance needs of minors involved in aiding crimes, operationalizing the principles of education, rehabilitation, and rescue into actionable judicial standards [3]. - It shifts from a uniform punitive approach to a differentiated protection strategy, establishing a graded treatment mechanism to prevent minors from becoming tools of crime [3]. Transformation of Punitive Strategies - The new regulations upgrade the strategy for combating aiding crimes by quantifying standards to accurately target professional criminal organizations, focusing limited judicial resources on organizers and beneficiaries [4]. - A dual-track handling model of "criminal exemption—educational correction" is established for minors, avoiding lifelong penalties while implementing mandatory educational measures [4]. Challenges in Implementation - The implementation of the opinion faces challenges, such as criminal gangs potentially evading thresholds through decentralized funding and virtual currencies, necessitating enhanced financial scrutiny capabilities [5]. - The uniformity of judicial discretion regarding "minor" and "significantly minor" cases poses difficulties, raising concerns about inconsistent rulings [5]. Future Directions for Governance Modernization - Future efforts should focus on strengthening regulatory oversight and big data warnings, upgrading monitoring technologies for abnormal transactions, and integrating legal education into school curricula [5]. - The establishment of a mechanism for sealing or expunging records for reformed minor offenders is essential to minimize the "label effect" and facilitate their reintegration into society [5].