On March 1, 2022, the Supreme People's Court released nine typical cases of judicial protection of the rights and interests of minors.

The person in charge of the Juvenile Court Work Office of the Supreme People's Court accepted an exclusive interview on relevant issues.

Q: Could you please introduce, compared with the typical cases released in the past, what are the characteristics or characteristics of the nine cases released this time?

  A: The nine typical cases of judicial protection of the rights and interests of minors released today are carefully selected from the criminal, civil and administrative cases of minors heard by courts at all levels across the country. The nine cases released this time mainly have the following characteristics:

  One is variety.

These nine cases include not only criminal cases of severely punishing minors for sexually assaulting minors, but also characteristic trial cases that extend to help juvenile defendants get back on the right track; there are also civil cases involving minors' change of custody rights and the issuance of family education orders. There are also new infringement cases such as minors staying in hotels and selling tobacco and alcohol to minors; there are also administrative cases involving minors' social security payments.

These cases reflect the people's court's insistence on giving minors special, priority protection, two-way protection, and comprehensive protection, and are a vivid practice of implementing the principle that is most beneficial to minors.

  The second is high attention.

The selection of cases focuses on the frequent or typical cases involving minors that are generally concerned by the society.

For example, Case 1 is a case of sexually assaulting a minor in which a female student was raped by the identity of a teacher. The severe punishment for this kind of behavior shows the firm determination of the judicial organs to severely crack down on the crime of sexually assaulting minors.

Cases 5 and 6 are cases in which minors purchased online game accounts for high amounts and were sentenced to return, and minors agreed that tattooing does not constitute a reason for infringement exemption, involving the newly effective Civil Code and Minors Protection Law. The accurate implementation of the system has attracted widespread attention from all walks of life.

  The third is of great significance.

Most of these nine cases were tried after the Law on the Protection of Minors and the Law on the Promotion of Family Education came into effect, which have important demonstration and guiding significance for the effective implementation of the new law.

For example, Case 3 is a typical case of the first "Family Education Order" issued in the country after the "Family Education Promotion Law" was implemented on January 1 this year.

Cases 7 and 8, one is the restaurant selling tobacco and alcohol to minors, and the other is that the hotel did not strictly implement the check-in procedure for minors, both of which violated the relevant provisions of the Law on the Protection of Minors and should be held liable in accordance with the law.

The trial and publication of relevant cases not only have reference significance for other people's courts to try similar cases, but also help to urge relevant operators to strictly perform their statutory obligations.

  The purpose of publishing these typical cases in a concentrated manner is to demonstrate that the people's courts insist on severely punishing all kinds of crimes against minors in accordance with the law without being lenient, and insist on safeguarding the legitimate rights and interests of minors in accordance with the law. The whole society pays more attention to the cause of children and children, and jointly creates a good legal and social environment for the safe and healthy growth of minors.

Q: Could you please introduce, with the implementation of the Civil Code, the newly revised "two laws" for minors and the Family Education Promotion Law, the people's courts have adopted specific measures in implementing these laws and strengthening judicial protection for minors. What measures have been taken?

  Answer: The people's courts have always attached great importance to the protection of the rights and interests of minors and crime prevention. The Supreme People's Court has issued special notices several times, requiring the people's courts at all levels to thoroughly implement relevant laws involving minors by organizing study and training and other means. Regulations, strictly implement legal requirements, and ensure the effective implementation of laws.

  The first is to try various cases involving the rights and interests of minors in accordance with the law.

The people's courts adhere to a zero-tolerance attitude and resolutely crack down on illegal and criminal acts that seriously violate the rights and interests of minors, and seriously violate social ethics and morality, such as sexual assault, abduction, trafficking, abuse, and violent injury.

Through severe punishment in accordance with the law, the non-perpetrators will pay the price, the victimized children and their families will be comforted, and the public will feel fairness and justice.

During the trial of the case, the people's court, from the perspective of being conducive to the healthy growth of minors, comprehensively used the systems of social care, psychological counseling, and litigation education and guidance to give special and priority protection to minors in accordance with the law, reflecting the humanistic nature of the judiciary. care.

  The second is to strengthen the comprehensive and comprehensive judicial protection of minors.

Not only strengthen the criminal protection of minors, but also attach importance to the protection of minors' civil and administrative rights and interests.

In accordance with the principle that is most beneficial to minors, various civil cases involving guardianship, upbringing, visitation, etc. of minors, as well as administrative cases such as the right to education, social security payment, expropriation, compensation and resettlement, shall be properly tried in accordance with the law, so as to ensure the normal life of minors. study and life.

In the process of handling various cases involving minors, the people's court will also take measures such as judicial assistance, transfer placement, family education orders and other measures in a timely manner according to the situation, so that minors can feel the warmth of justice.

  The third is to strengthen the supervision and guidance of juvenile trials.

The Supreme People's Court, alone or in conjunction with relevant departments, shall issue judicial interpretations and guiding opinions in a timely manner, implement the principle of special and priority protection of minors, make clear provisions on specific standards for the application of laws and policy grasp, and carefully protect minors. the French Open.

For example, in order to accurately implement the "Criminal Law Amendment (11)" and severely punish the crime of sexual assault on minors in accordance with the law, our court is drafting the "Interpretation on Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Rape and Indecent assault of minors"; In order to implement the system of prohibiting the criminal employment of teaching staff, our hospital, together with the Supreme People's Procuratorate and the Ministry of Education, drafted the "Opinions on the Implementation of the Prohibition System for Employment"; in order to ensure the accurate, unified and effective implementation of the "Family Education Promotion Law", our hospital is synthesizing Based on the experience of local courts, we started to draft implementing regulations, and so on.

  Fourth, actively participate in comprehensive management.

Innovate the working mechanism, enrich the forms of publicity and education, make full use of new media such as WeChat public account and Weibo, and carry out in-depth development by giving full play to the role of the vice president of the rule of law, publishing typical cases, and promoting judges to enter the campus, the community, and the family. It is good to publicize the law and educate the rule of law for the protection of the rights and interests of minors, and improve the awareness and ability of minors to obey the law, protect themselves and seek help.

Actively extend the judicial function, cooperate with other relevant departments, establish a joint working mechanism, form a joint force, and implement various measures for the protection of the rights and interests of minors.

In view of the loopholes, blind spots and weak links in the protection of minors, judicial suggestions are made to relevant departments and units in a targeted manner, so as to promote the improvement of the social governance system and ensure the healthy growth of minors.

Q: What measures have the people's courts in the new era taken to strengthen the professional construction of juvenile trials?

How will it better play its role in the next step?

  A: The exploration and practice of juvenile trials for more than 30 years has fully proved that the specialization of institutions, the specialization of trials, and the professionalization of teams are important measures to strengthen judicial protection for this special group of minors, and are also the advantages of the juvenile justice system with Chinese characteristics. important manifestation.

Facing the new era, new tasks, and new requirements, adhering to the development direction of juvenile trial specialization and strengthening the construction of juvenile trial specialization are important guarantees for implementing the newly revised "two laws" for juveniles and comprehensively strengthening juvenile trial work in the new era. .

  The first is to improve the political position and have a deep understanding of the great significance of strengthening the work of juvenile trials.

For more than 30 years, the juvenile court has grown from nothing, from a small number to a large number, and has continued to grow and develop.

Juvenile trial work has been fully affirmed by all sectors of society, and is a "golden signboard" of the people's court, known as a "special project of hope".

Since the 18th National Congress of the Communist Party of China, the Party Central Committee with Comrade Xi Jinping at its core has paid more attention to and cared about the healthy growth of minors.

The people's court will further deeply understand the great significance of strengthening juvenile trial work in the new era, improve its political position, and promote the continuous development and progress of juvenile trial work under the new historical conditions from the height of realizing the great rejuvenation of the Chinese nation.

  The second is to deepen the reform of juvenile justice and improve the juvenile trial system and mechanism.

In January last year, the Supreme People's Court issued the "Opinions on Strengthening Juvenile Trial Work in the New Era", emphasizing the need to uphold and consolidate the professional development direction of juvenile trials, and to strengthen the organizational leadership, mechanism building, team building, and trial of juvenile trials. management, etc. to make a comprehensive deployment.

In March, the Supreme People's Court established the Juvenile Court Work Office, which is responsible for comprehensively coordinating the guidance of juvenile trials across the country.

In order to accurately analyze the law of cases involving minors, a special statistical indicator system has been improved.

Under the demonstration and leadership of the Supreme People's Court, up to now, a total of 2,181 juvenile courts have been established by independent courts nationwide or by adding signs, creating a new situation in the reform and innovation of juvenile trial work across the country.

  The third is to adhere to the problem and demand orientation, and deepen the professional construction of juvenile trials.

At present, great achievements have been made in the construction of national juvenile courts, but there are still some problems.

For example, the contradiction between the large number of cases and the small number of cases has become increasingly prominent. Specialized judges and trial teams that try juvenile cases sometimes have to try other cases at the same time, which affects the effective development of the special work of juvenile trials such as extending assistance and education.

In the next step, we will actively promote practical innovation based on realistic conditions, further implement the development goals of professionalization, institutionalization, and standardization of juvenile trials, promote the realization of unified management of juvenile courts, establish a performance appraisal system that adapts to the characteristics of juvenile trials, and encourage those who meet the conditions. A special court is set up to be responsible for hearing juvenile cases, ensuring that juvenile cases are handled by special judges, and juvenile judges try juvenile cases exclusively. Healthy and safe growth of adults.

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