It is forbidden to gradually cover industries in close contact with minors

  Relevant department heads answer reporters' questions on establishing a system for faculty and staff access to inquire about sexual assault and crime information

  □ Our reporter Zhou Bin

  □ Reporter Zhao Jie

  Realize the nationwide sharing of information on sexual assaults and crimes, to prevent the situation of being punished for sexual assaults and crimes, changing places and mixing into the faculty and staff; continuously expanding the prohibition of employment, and gradually expanding to all industries that have close contact with minors... …

  Today, the Supreme People’s Procuratorate held a press conference and issued the "Opinions on Establishing a System for Accessing and Inquiring Information on Sexual Assaults and Crimes for Faculty and Staff."

The Supreme Procurator's Ninth Procuratorate Director Shi Weizhong, Deputy Director Li Feng, Deputy Director Huang Wei of the Teacher Work Department of the Ministry of Education, and Wang Yongming, Inspector of the Criminal Investigation Bureau of the Ministry of Public Security, answered reporters' questions on hot issues of social concern.

  Effectively solve the problem of missing inspection

  Reporter: In recent years, many places have established entry inquiry systems at different levels of provinces, cities, and counties. Now a nationwide entry inquiry system has been established. What progress is there than before?

  Li Feng: In recent years, the procuratorial organs in Zhejiang, Shanghai, Chongqing, Guangdong, Guizhou and other places have worked with relevant departments to explore the establishment of a sexual assault and crime information database and entry inquiry system, which has achieved obvious results.

However, with the gradual deepening of work in various regions, some problems have also emerged, such as the scope of inquiries, irregularities, and inconsistencies; most of the illegal and criminal information databases established by procuratorial agencies in various regions or relying on public security agencies only include locally handled cases and the amount of information. There are few, and the illegal or criminal behavior of the person involved in the case cannot be found.

It is difficult to effectively play a preventive role in the current situation of large numbers of people moving to other places for employment.

  After the establishment of a national-level system, the system can be applied uniformly and standardizedly throughout the country.

Relying on the nationwide information system for sexual assault and criminals established by the Ministry of Public Security, it is possible to share information on national sexual assaults and criminals, and effectively solve problems such as missing investigations.

After being punished for sexual assault and crimes, the situation of changing places and mixing into the faculty and staff will basically not happen again. This will provide our children with more stringent protection, and it will also cause extreme sexual assault criminals. Great shock.

More importantly, the promulgation of opinions can allow this system to be implemented nationwide and weave a legal net to protect minors.

  Promote "one-stop evidence collection"

  Reporter: In recent years, what work has the public security organs done to combat the sexual assault of minors and protect the rights and interests of minors?

  Wang Yongming: The Ministry of Public Security requires local public security organs to investigate and punish sexual assault of minors in case of crimes, and severely, promptly and severely crack down in accordance with the law.

In particular, we adhere to a "zero tolerance" approach to cases of illegal intrusion into primary and secondary schools, kindergartens and other pre-school education institutions that violate the personal safety of children.

Since the beginning of this year, local public security agencies have uncovered more than 12,000 cases of rape, forced indecency, and child molestation against minors, and arrested a number of criminal suspects, effectively deterring criminals.

  At the same time, the Ministry of Public Security, in conjunction with the "Two Highs", the Ministry of Education, and the Ministry of Justice, has successively issued the "Opinions on Punishing Sexual Violations of Juvenile Crimes in accordance with the Law" and "About Doing a Good Job in Preventing Children from Sexual Assaults." Opinions" and a series of normative documents.

Strengthen the training of the "child perspective" of front-line public security police, and effectively improve the ability to extract and review children's testimony in accordance with the principle of "maximizing children's interests".

  Piloting and promoting the “one-stop evidence collection” of cases of sexual assault of minors nationwide, that is, after receiving relevant cases, the public security criminal investigation department, technical appraisal department, and procuratorial organ will be present at the same time, and at the same time cooperate with health, judicial, medical institutions and other units to participate ,Professionals complete all the evidence collection work at the litigation stage at one time, and simultaneously carry out children’s psychological trauma assessment and treatment, physical rehabilitation, legal assistance, etc., to avoid the victim from suffering secondary psychological harm in the process of repeated interrogation and evidence collection .

At present, nearly 500 pilot case-handling areas for “one-stop evidence collection” have been established nationwide.

  In the next step, the public security organs will continue to improve the "National Sexual Assault Criminals Information System", deploy local public security organs to effectively implement the relevant work requirements for faculty and staff entry inquiries, further strengthen intelligence research and judgment, and make every effort to prevent such crimes from occurring.

  The public security organs reminded the majority of minors and parents: In recent years, some criminals have used the Internet as a medium to trick or coerce minors into "naked chats" or send "naked pictures" under the guise of "personal dating" and "child star recruitment". "Nude videos" and other methods of illegal and criminal acts of "space" obscenity are spreading.

The physical and intellectual development of minors is immature, and their cognitive abilities, distinguishing abilities, and resistance abilities are relatively weak. It is necessary to strengthen supervision and care, and enhance the awareness of protection of minors.

Once minors suffer sexual assault, they must promptly report to the public security organs and use legal weapons to protect their rights.

  Cannot wait for the entry inquiry system

  Reporter: The draft revision of the Law on the Protection of Minors also stipulates the entry inquiry system. Why not wait for the implementation of the amendment to the law before introducing the entry system?

This opinion only applies to primary and secondary schools and kindergartens, and the scope of inquiry is also limited to sexual assault and crimes. Will the scope of application be expanded in the future?

  Shi Weizhong: The reason why the faculty and staff entry inquiry system is now introduced is mainly based on the following reasons:

  The legal basis is sufficient.

The Teachers Law stipulates that those who have been deprived of political rights or have been sentenced to criminal punishments of fixed-term imprisonment or more for deliberate crimes cannot obtain the qualifications of teachers; those who have already obtained the qualifications of teachers lose their qualifications.

The Teacher Qualification Regulations stipulate that those who have bad conduct, insulted students, and have a bad influence shall be revoked as teachers.

In addition, the labor contract law, security service management regulations, etc. also make corresponding provisions on the conditions for engaging in related jobs.

This opinion is to implement the above-mentioned laws and regulations.

  The urgent need to prevent campus sexual assault of minors.

The current situation of sexual assault of minors is severe. In some places, faculty and staff have committed crimes of sexual assault on students, causing severe social impact and serious harm.

The whole society calls for severe punishment and prevention.

We believe that the entry inquiry system cannot be waited, and must be established as soon as possible, and do our best to protect our children from harm.

In addition, the entry inquiry system has been explored and practiced in many places, and the system design has been relatively mature.

  As for the opinions that did not cover all the issues of close contact with minors' industries and limited inquiries, it is true.

The main consideration is: the employment inquiry will lead to the legal consequences of the prohibition of employment. Therefore, it is necessary to take into account the relationship between effective protection of minors from infringement and maintenance of the legitimate rights and interests of the person involved and the need for their normal return to society.

The application of entry inquiry and employment prohibition to faculty and staff has specific and clear legal basis and is also a key issue of social concern.

Other industries in close contact with minors involve a wide range and large number of personnel, and the competent authorities are also more complicated. Under what circumstances the implementation of employment bans in different fields requires a clearer legal basis and needs to be promoted more steadily.

  In the next step, we will adhere to the principle of highlighting key points, step-by-step exploration, and steadily advancing. With the implementation of legal amendments such as the Juvenile Protection Law, we will continue to expand the prohibition of employment and gradually extend to all industries that have close contact with minors.

This time the opinion also stipulates that all localities can combine their actual conditions and try first.

  Three measures are well implemented

  Reporter: The Ministry of Education implements the opinions of the three departments. What are the next steps?

  Huang Wei: In order to do a good job in implementation, the Ministry of Education intends to take the following three measures:

  Build mechanism.

Establish an information sharing mechanism with the Supreme People’s Procuratorate and the Ministry of Public Security. The Ministry of Education will perform its duties of coordinating and guiding education administrative departments at all levels and teacher qualification accreditation agencies to implement the system of faculty and staff access inquiries.

  Set up a platform.

Accelerate the establishment of a unified information query platform, connect with the information sharing and service platform of the Ministry of Public Security, realize information verification of sexual assault criminals, and provide local education administrative departments with faculty and staff access query services.

  Grasp the deployment.

Clarify the inquiry department and require the local education administrative department to be in charge of the admission inquiry of the teaching staff in the administrative area.

Strict accountability. If the local education administrative department fails to inquire about the sexual assault and criminal information of the faculty or staff, or the local education administrative department or the school still recruits the relevant illegal and criminal information after inquiring, the higher education administrative department shall order it to correct and pursue it. Responsibilities of relevant education administrative departments and school personnel.

If the teacher qualification certification agency fails to inquire about the information on the sexual assault and crime of the person applying for the teacher qualification, or fails to deal with the person who has the relevant illegal and criminal information after the inquiry, the higher education administrative department shall correct it and report to the competent department in accordance with the law Relevant personnel shall be held accountable in accordance with regulations.

  Beijing, September 18th