Prosecutor appeals: For social software that minors may use, it is necessary to establish a pre-online audit and post-online supervision mechanism.
Some social software has become a new hotbed for minors to commit crimes
Because of the "online love", two junior high school girls in a county of Ganzhou City, Jiangxi Province, who had never met each other, fell into a nightmare.
In January 2018, the 13-year-old girl Liang Min (pseudonym) and the 14-year-old girl Xiao Jing (pseudonym) met the "boyfriend" Zhu Mingming (pseudonym) in the "Quick Hand App" and added their QQ friends for the first date, Liang Min After being sexually assaulted, Xiao Jing was taken to the hotel and gang raped by three people, and was intimidated and coerced to the Huanghuang Club for forced prostitution for several months.
The so-called "boyfriends" of the two are members of the local triad organization "Tianyan Gang". The organization, led by Yao Xing (a pseudonym) after 00, forcibly added QQ, WeChat and other methods for under-school girls through the "Quick Hand App" and face-to-face. Rape (gang rape) under the guise of falling in love, and then control personal freedom to force girls into prostitution.
In order to obtain economic benefits, from January to July 2018 alone, "Tianyan Gang" organized several sexual assaults in the county, surrounding towns and schools, organized and forced prostitution, and induced young girls to engage in prostitution and other criminal activities. , Up to 11 female victims of minors.
The rise of "Tianyan Gang" in the local area, social software actually played a role. On one afternoon in November 2017, several young men had “Tianyan” (eye pattern) tattooed on their eyebrows and took a group photo to announce the establishment of “Tianyan Gang”. In order to strengthen their power, they posted a group photo and related videos of 9 people from the "Tianyan Gang" on the "Quick Hand App". In a short time, this video rushed to the local "popularity" and received 110,000 views and more than 1,000 comments.
With this method, the "Tianyan Gang" quickly attracted members from the social idlers and students in the school, and gradually developed into a triad organization with a large number of people, a clear hierarchy, a clear division of labor, and strict discipline. The "Gangzhu" issued orders, and the members divided their labors according to their "special strengths" to carry out theft, lure prostitution, collect "protection fees", fight for others and other illegal criminal activities, as well as special persons responsible for teaching and demonstrating criminal methods.
These fifteen or sixteen-year-old teenagers mostly have "sky eyes" on their eyebrows, wear black clothes and black cloth shoes, and leave "bullets" to highlight their identities. They have been in bars, KTVs and hotels all year round, drinking and smoking, quite like the big brother of the underworld in Hong Kong films.
Because they often wandered around the school, they tracked and harassed and bullied students. Some students with poor grades think that the "Tianyan Gang" is very majestic. In order to seek support, they try to find a relationship with members of the gang and seek refuge.
In addition to forcing and enticing young girls into prostitution, the gang has also used violence, coercion, or other means to carry out dozens of illegal and criminal activities such as extortion, theft, provocative troubles, gatherings, and robbery, and illegally profited more than 210,000. yuan.
Since January 2018, the county public security bureau has successively captured many members of the "Tianyan Gang". Because they are too young, many people are under the age of 14, and each time they are caught and released.
In April 2019, the county's People's Procuratorate prosecuted Yao Xing and other 18 people (including 11 minors) on charges of organizing, leading, and participating in triad organizations. In July of the same year, the County People’s Court held a hearing and adopted the prosecution’s sentencing recommendations to commit the crime of organizing and leading a triad organization, rape, robbery, prostitution, extortion, introduction of prostitution, theft, and several crimes. He was also fined and sentenced to 19 years and 9 months in prison. The remaining 17 defendants of the criminal syndicate were sentenced from 2 years and 3 months to 19 years and 9 months in prison.
A few days ago, when the case-handling personnel analyzed the situation of minors involved in crimes involving criminals in the province, they discovered that online ganging and online invitation crimes have become a new trend for minors involved in crimes involving criminals. A new hotbed of crime.
The case handlers introduced that in addition to using the Internet to commit crimes, there are more and more phenomenon of minors associating and inviting to commit crimes involving evil and evil on the Internet. The personnel involved are good at using QQ, WeChat, Kuaishou and other social software to recruit people to join the gang and quickly gather Commit a crime.
Four years ago, Luo Mou, a vocational school student born in 2001, proclaimed himself a "stick gang" gangster. By recruiting junior and high school students, he formed a "stick gang" online social group. Most of the "gangs" in the group advocate the values of "Jianghu Yiqi" and "Successfulness". Every time a dispute arises, they will promptly publish information about the agreement in the gang's QQ group and WeChat group, and encourage members to participate in the fight with arms.
On the evening of February 28, 2018, Cao Mou and Luo Mou, who were under the age of 16, triggered an online scolding battle because of a comment in the QQ space. In order to give Cao Mou a head start, Luo Mou issued a notice of appointment through the "Dragon Star Forrest" QQ group , Inviting group friends to "fight the group" eventually led 19 minors to participate in the crowd fight, was arrested by the public security organ according to law, and transferred to the prosecution organ for prosecution.
The People's Procuratorate of Xunwu County, Ganzhou City, after review, determined that members of the "gang" led by Luo Mou had gathered through the QQ group for many times to disturb the public order, which was a criminal gang of "evil forces" and filed public prosecutions according to law. In December 2018, the Xunwu County People’s Court ruled in accordance with the law that the "gang gang" was a "gangster" criminal gang and sentenced Luo et al. to a fixed-term prison term ranging from 6 months to 1 year and 6 months.
In the three cases involving minors involved in the procuratorial organs of Pingxiang City, all minors formed social groups through WeChat, Kuaishou and other social software to carry out criminal activities.
The investigators said that in the criminals involved in underage crimes, social software such as Kuaishou, Douyin, QQ Space, QQ Group, etc., which spread to unspecified groups, played an important role in the expansion, aggregation and formation of the underworld forces. Social software is the main method of social interaction for minors. Some unscrupulous youths in the society who are unable to find an organization and those who love to help gangs can quickly recruit people by posting content on "Quick Hand" for advertising. Gang.
The investigators found that the initial members of some minors involved in criminal syndicates are often not many. They can use social software to quickly make a splash, and soon someone joins. "For social software that may be used by minors, if there is a lack of pre-launch review and post-launch supervision mechanisms, the software can easily become a tool for organizing and gathering criminals, breeding minors to use software to help gang formation Involved in evil crimes."
Although the "Quick Hand App" has a "Youth Mode", there are loopholes in the system design of this mode. When minors are registered, they can be used without real-name authentication. This mode can only be played when a guardian exists and actively sets up. effect.
In order to promote the solution to the problem of underage criminals caused by Internet bad information and social platforms, Jiangxi Province comprehensively analyzes the causes and proposes procuratorial suggestions to the relevant functional departments to help plug the system. In addition, Jiangxi Province also requires inspection agencies at all levels to use the work of the "Vice-Rule of Rule of Law" as a starting point, extend the education of rule of law to the countryside, enhance the ability of minors to distinguish right from wrong, good and evil, and clarify behavior boundaries.
"The Procurator-General of the Procuratorate of the whole province, the leaders in charge of uninspected work, and uninspected police officers must all serve as the'Vice-Rule of Rule of Law' in rural schools. As long as they go to towns to handle cases or carry out work, they will go to schools to carry out legal education." Relevant departments in Jiangxi Province The person in charge said.
China Youth Daily · China Youth Network reporter Chen Zhuoqiong Source: China Youth Daily