Established a database of crimes of sexual assault and abuse of minors The
head of the Ninth Department of the Supreme People’s Procuratorate answered questions from reporters on special actions involving legal supervision
□ Our reporter Zhou Bin
How to implement the compulsory reporting system and the entry inquiry system for cases of infringements of minors; how to promote the resolution of minors’ parents or other guardians’ failure to perform guardianship duties in accordance with the law, guardianship violations, lack of guardianship, etc.; how to promote the resolution of campus bullying and violence...
Recently, the Supreme People’s Procuratorate deployed a special action for legal supervision of the protection of minors. Shi Weizhong, Director of the Ninth Procuratorate of the Supreme People’s Procuratorate, answered questions from reporters on the key tasks of the special action and hot topics in society.
Reporter: Last year, the Supreme People’s Procuratorate and related departments introduced a mandatory reporting system and a system for inquiring about infringements on minors.
The special action proposed to implement these two systems, what are the considerations?
Answer: The compulsory reporting system and the entry inquiry system promoted by the procuratorial organs have been absorbed by the newly revised Minor Protection Law and become rigid provisions of the law, which must be implemented in full.
The special action will implement these two systems as the key work of procuratorial supervision, with three considerations:
In practice, those who fail to perform compulsory reporting obligations and make inquiries in accordance with regulations shall be punished by relevant departments in accordance with the provisions of the Law on the Protection of Minors, and the directly responsible persons in charge and other directly responsible persons shall be punished, and those who constitute violations of the law shall be held accountable. criminal responsibility.
The procuratorial organs shall, through this special action, supervise relevant units and responsible entities in accordance with the law, and hold them accountable for violations of discipline and law.
The revised Law on the Protection of Minors has expanded the scope of entry inquiries, expanded the subject of inquiries to all units that have close contact with minors, and expanded the inquiries to include sexual assault, abuse, trafficking, violent injuries and other illegal and criminal records.
Through this special action, the procuratorial organs shall cooperate with relevant functional departments to gradually establish an information database covering illegal crimes such as sexual assault, abuse, trafficking, and violent injuries, and urge relevant units to implement the prohibition of employment.
The point of close contact with minors is wide-ranging. The subject of mandatory reporting obligations and the scope of entry inquiries involve multiple departments and industries. Many units and related responsible subjects have insufficient understanding of the importance and compulsion of these two systems, and their understanding is not in place. The procuratorial organs Through this special action, relevant units and responsible entities for mandatory reporting and entry inquiries should be aware of the legal requirements, proactively and timely perform their reporting and inquiries obligations, and form social recognition.
Reporter: Domestic violence, child abuse and other incidents have occurred from time to time.
The special action proposes to promote the resolution of minor parents or other guardians' failure to perform guardianship duties, guardianship violations, and lack of guardianship. What measures will the procuratorial organ take?
Answer: At present, the ineffective guardianship of minors' parents or other guardians or even the occurrence of guardianship violations is one of the more prominent problems facing the protection of minors.
Through this special action, the procuratorial organs will unite education, civil affairs, women's federations and other departments to do a good job in four areas:
Promptly supervise and support prosecution to revoke guardian qualifications.
Implement the newly revised Minor Protection Law, supervise and support relevant organizations and individuals to file a lawsuit for revocation of guardian qualifications, and work with civil affairs and other departments to provide comprehensive assistance and life placement for minors.
Actively explore the establishment of a guardianship and protection working mechanism.
Promote the exploration experience of the "Supervising Guardianship Order" of Fujian procuratorial organs across the country. In the process of handling cases involving minors, if the guardian is found to have problems such as lax discipline and lack of guardianship that have caused the minor to violate the law or be violated, issue it to the guardian The "Supervision Guardianship Order" orders the guardians to accept targeted family education and guidance, and promotes the resolution of the "ineffective family guardianship" behind the minors involved in the case, which is the pain point of minor protection.
Promote the strengthening of care and assistance for left-behind minors and minors in need.
Actively fulfill the responsibilities of the member units of the Inter-Ministry Joint Conference on the Care and Protection of Rural Left-behind Children and the Protection of Children in Distress, and cooperate with relevant departments to build a long-term rescue and protection mechanism to rescue and protect minors who have been violated and ensure proper care.
Promote the protection of minors’ right to education.
Supervise and cooperate with relevant departments to solve the problems of dropouts and dropouts and persuasion to return to school for minors who should receive compulsory education, strengthen connection management, education and training, care and assistance for minors who have completed compulsory education and have not yet entered the society, and open up the "last one" of care and assistance. Kilometers".
Reporter: The problem of bullying and violence in schools cannot be ignored.
The special action proposes to focus on promoting the implementation of school protection measures such as the prevention and control of student bullying.
What are the specific measures?
Answer: Campus bullying is a comprehensive social problem, which is the result of multi-level factors.
Judging from the situation of campus bullying cases handled by procuratorial organs, there are factors that lead to the immature physical and mental development of minors, as well as family, school, and social reasons.
In this special operation, the procuratorial organs will work with relevant departments to do a good job in 5 areas:
Cooperate with the education administrative department to promote the establishment of a comprehensive student bullying prevention and control work system in schools, carry out education and training on the prevention and control of student bullying for faculty, staff, and students, implement a mandatory reporting system for cases of violations of minors, and promote the construction of a safe campus.
Cooperate with relevant departments such as the Civil Affairs, Women’s Federation, Youth League Central Committee, and Work Committee to strengthen family education and guidance, educate and guide minors to tie the first button in their lives, and increase care and assistance for students with family difficulties and physical and mental disabilities to avoid becoming Victims of school bullying.
Cooperate with education, public security, market supervision and other relevant departments to carry out campus safety construction and surrounding environment management, and create a good environment for the majority of primary and middle school students.
Strengthen cooperation and cooperation with cybersecurity and informatization, public security and other departments, strengthen network governance, purify the network environment, and prevent and reduce cyberbullying behaviors such as insults, defamation, threats, or malicious damage to minors.
Put the strengthening of youth legal education in a more important position, further improve the level of legal education, deepen the "rule of law into the campus" and prosecutors serving as deputy principals of the rule of law, and promote the formation of a good atmosphere of respect for law and law.
Reporter: The special action proposes to focus on promoting the rectification of hotels, guesthouses, hotels, commercial entertainment venues, bars, Internet cafes and other places.
How does the procuratorial agency promote this work?
Answer: Judging from the situation of criminal cases involving juveniles handled by procuratorial organs, juveniles are suspected of committing crimes or being infringed by crimes, which are often related to their bad environment.
Hotels, guesthouses, hotels and other lodging places have become high incidence places for criminals to infringe on minors, and a large number of cases of sexual assault on minors have occurred in the above-mentioned places.
Some commercial entertainment venues, bars, Internet cafes and other places are not strictly managed, and it is easy for minors to be infected with bad habits and adversely affect the growth of minors.
In the special action, the procuratorial organ will cooperate with relevant departments of public security, market supervision and management, culture and tourism, tobacco monopoly, etc., to promote the rectification of the following three issues:
Hotel, guesthouse, hotel and other accommodation operators illegally receive minors.
Accommodation operators are required to perform their statutory obligations of inquiries, reports and contact. For accommodation operators who violate the provisions of the law, they must be ordered to make corrections within a time limit, be ordered to suspend business for rectification, or their business licenses should be revoked, and relevant permits should be revoked.
The illegal establishment of commercial entertainment venues, bars, Internet cafes and other places unsuitable for minors’ activities around schools and kindergartens.
Urge to strengthen the supervision and management of illegal acceptance of minors in places not suitable for minors' activities, and for violations of laws and regulations, order to make corrections within a time limit, confiscate illegal income, order to suspend business for rectification, or revoke business licenses, revoke relevant permits, and fines Wait for punishment.
Places not suitable for minor activities illegally receive minors, tobacco, alcohol, and lottery operators illegally sell tobacco, alcohol, lottery tickets or redeem lottery prizes to minors.
Urge to strengthen the supervision and management of venues that are not suitable for minors, and severely punish the sales of cigarettes (including electronic cigarettes), alcohol, and lottery tickets to minors. Those who violate the law shall be given corresponding administrative penalties by functional departments.
Beijing, April 29th