Huang Dongsheng Yu Lina

  The Internet has established a brand-new living space for minors and is playing an increasingly important role in the process of minors' socialization. However, problems such as the flood of bad information on the Internet, addiction to online games, and diverse cybercrimes also seriously threaten the physical and mental health of minors. healthy.

As an important part of the network protection of minors, the procuratorial organs should do something.

I. "Three Changes" Positioning of Minors' Network Protection

  In the newly revised law on the protection of minors, a special chapter on network protection has been set up, and 17 articles are used to clearly define the responsibilities of the government, schools, families, and network information service providers. The overall pattern of co-management reflects the "three changes" positioning of minors' online protection.

  One is to change "blindly shielding" to rational face.

Today's minors have grown up with the Internet since birth. The development of digital communication technology has accelerated the update and iteration of knowledge and skills. The Internet has made knowledge acquisition more convenient, improved the learning efficiency and cognitive ability of minors, and promoted them. Actively participate in social life and express opinions and attitudes with the help of the Internet.

If it is "blindly shielded", it will not be able to cultivate qualified participants, practitioners and innovators in future technological competition.

Guarantee the digital rights of minors to the maximum extent and give them more opportunities for development. This legislative concept of online protection for minors has been widely followed around the world, which is also the embodiment of the principle that is most beneficial to minors .

  The second is to change "talking about network color change" into positive guidance.

The mental and physical development of minors is not yet mature, and it is easy to have abnormal psychological and behavioral problems under the influence of the outside world.

In the face of the reality that minors' "digital survival" is constantly improving, the state, in the form of legislation, guides all walks of life to view new technologies such as the Internet objectively and rationally, so as to create a good environment for minors to correctly understand, use the Internet, and learn to master innovation capabilities. external environment.

  The third is to change "separate governance" to joint management.

Network protection for minors is a long-term, dynamic, and systematic project. It requires multi-party coordination and precise governance to give full play to the roles of the government, schools, families, platforms, and society, and to build a co-governance mechanism. Form a scientific and integrated network protection system for minors, and weave a legal network for minors' network protection.

For minors' network protection, the family bears the first responsibility. Schools are important places and responsible persons for network protection, and the government has an inescapable responsibility.

2. "Three Degrees" of Procuratorial Organs in the Protection of Minors on the Internet

  The procuratorial organs are not only participants in the judicial protection of minors, but also the promoters and supervisors of the protection of the government, families, schools, and social networks.

  First of all, it is necessary to do a good job in the connection between the criminal law and the law on the protection of minors.

As an administrative law, the law on the protection of minors is a pre-emptive norm, while the criminal law is a secondary norm of sanction.

Under the circumstance that the preemptive norm has just been introduced, it is difficult for the secondary norm to make adaptive modifications immediately.

In recent years, the types of cyber crimes involving minors are new, the methods are new, and the charges are new. There is no precedent and no explanation to be based on issues such as whether to convict, whether to impose criminal punishment, and the scale of sentencing.

In the process of handling cases, the procuratorial organs must dare to take responsibility, interpret laws and regulations from the principle of what is most beneficial to minors, make full use of criminal policies, and implement the principles of education, probation, and rescue.

When handling a case of opening a casino by acting as an agent for an overseas gambling platform, recharging money for domestic gamblers and taking profits from it, the Shanghai Changning District Procuratorate not only strictly cracked down on criminals who recruited minors to participate in online gambling, but also dealt with criminals involved in online gambling. Gambling minors have initiated protection measures. It is recommended that the public security organs carefully label minors as "gamblers" and use administrative penalties with caution, and guide the minors involved in the case to understand the Internet through admonishment education, legal classrooms, family education guidance and other measures. The nature and harm of gambling, improve the effectiveness of crime prevention.

  其次,要在全面履行法律监督职能中有深度。未成年人保护法第105条明确规定检察机关可以行使检察权,对于涉及未成年人的诉讼活动等进行监督;第106条规定,未成年人合法权益受到侵犯,相关组织和个人未代为提起诉讼的,人民检察院可以督促、支持其提起诉讼;涉及公共利益的,人民检察院有权提起公益诉讼。督促起诉、检察建议、公益诉讼都是法律监督的监督载体、手段,检察机关要善于使用刚性和柔性监督相结合的方式,不局限于检察建议书、纠正违法通知书,还可以用好公益诉讼诉前磋商、诉前检察建议、行政实质性矛盾化解等多种方式,实现多赢共赢的监督效果。上海市长宁区检察院就某电商平台中数家店铺经营网络游戏账号租售业务,存在导致未成年人网络游戏脱离监管、使未成年人公共利益受侵害的可能,向相关监管部门制发了公益诉讼诉前检察建议书,要求对电商平台全面排查、监督和处理,加强公民个人信息管理,推动了平台全面开展商家清理分类、实名验证设置、信息等级管理等项目化整改。当然,除了监督载体、监督方式之外,还要明确检察监督的边界,也就是“等”外探索如何做到“到位”而不“越位”。

  Thirdly, there must be breadth in paying close attention to source prevention.

The procuratorial organs should give full play to the effect of "handling one case and managing one", and make full use of various channels and methods to publicize after a case is handled, so as to maximize the social effect of a case.

In handling a case of picking quarrels and provoking troubles, the Shanghai Changning District Procuratorate found that minors used a small program developed by a company to buy electronic tickets for bars, and then went to a bar to drink with colleagues.

The Changning District Procuratorate, in conjunction with the Law Enforcement Brigade of the District Culture and Tourism Bureau to carry out special bar management, also issued a procuratorial proposal to the developer of the Mini Program, requesting to improve the real-name ticket purchase authentication process of the Mini Program and verify whether there are minors purchasing tickets. To prevent minors from purchasing tickets in a timely manner, and work with the event organizer to improve the secondary verification mechanism for the age of ticket buyers to prevent minors from entering bars and other activity venues.

Relevant companies have attached great importance to it, not only investigated the responsibilities of relevant employees, strengthened employee training, but also improved the real-name authentication process for small program ticket purchases, which effectively improved the effectiveness of source prevention.

The Changning District Procuratorate also established the "Procuratorial Social Service Center", opened the city's first "Minor Protection Cloud Platform", and formed three "Ningmeng Guards" teams, leveraging the "Internet +" to gather the forces of the whole society to collect clues about online violations.

The Changning District Procuratorate, in response to the masses' reports on bad children's books, relying on the mobile and collaborative working mechanism with the participation of all members of the case and the command of the chief prosecutor in charge, quickly carried out investigation and verification, accurately identified the facts of infringement, and formulated and issued targeted social governance procuratorial suggestions. Through random inspection and return visits, we ensure that rectification measures are put in place, and create a positive and healthy reading environment for minors.

In addition, the Changning District Procuratorate also set up the "Ningmeng Protection Team", held the "Ningmeng Co-education Workshop for School Inspectors", dispatched the vice-principal of the rule of law to participate in the rule of law publicity and security governance of network protection into the campus; set up the "Ningmeng Parent Class" , to formulate and issue supervision and guardianship orders to improve the effectiveness of family education guidance in network protection.

  (Author: People's Procuratorate of Changning District, Shanghai)

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