Typical Cases of Compulsory Reporting and Pursuing Accountability in Cases of Violation of Minors
The Rape Case of Xu Moumou and Others
——Accommodation operators are punished for failing to perform mandatory reporting obligations
1. Basic case
On the evening of June 7, 2021, five people, including Xu Moumou, Chen Mou, Wang Mou, Wang Moumou (minor), and Tang Moumou (minor), ate at a barbecue restaurant in Guilin, Guangxi.
In the meantime, Wang Mou saw Liu Mou taking Li Moumou (female, minor) home, and proposed to beat Liu Mou, who owed money to the barbecue restaurant, and Xu Moumou proposed to have sex with Li Moumou.
Later, several people came to the residential building where Liu rented, beat Liu and Li, and forcibly took Li to the hotel.
Xu Moumou, Chen Mou, and Wang Moumou forcibly had sex with Li Moumou in the hotel room.
On June 10, Li Moumou called the police.
On October 15, the People's Procuratorate of Qixing District, Guilin City prosecuted Xu Moumou and other five people on suspicion of rape.
The People's Court of Qixing District, Guilin City sentenced Xu and Chen to ten years and three months in prison, Wang seven years, Wang five years, and Tang two years and six months.
After investigation, on the night of the incident, six parties to the case stayed at a hotel in Guilin, including three minors.
When the hotel received the above-mentioned minors and adults to stay together, they did not strictly implement the registration system, verify the identity information one by one, and did not ask about the minors who were staying.
By checking the hotel surveillance video, the investigators found that after the victim Li Moumou and Xu Moumou entered the hotel together, they were always held by Tang Moumou. The victim looked tired, walked slowly, and behaved obviously abnormal. Stop at the sofa that is meters far away.
After the hotel staff discovered the abnormal situation, they did not inquire about the situation or contact the guardian, nor did they report the case to the public security organ in accordance with the mandatory reporting requirements, and were slack in fulfilling the mandatory reporting obligation.
2. Processing situation
On the eve of the incident, the People's Procuratorate of Qixing District of Guilin City and the Qixing Branch of the Municipal Public Security Bureau jointly held a promotion meeting on the implementation of the mandatory reporting system in the hotel industry, and notified the accommodation operators of hotels, guesthouses, hotels and other accommodation operators in the jurisdiction about the mandatory reporting of the Law on the Protection of Minors relevant regulations.
The hotel involved was aware of the legal provisions, but still ignored the problem when it discovered the problem.
Because the hotel did not fulfill its responsibility for safety protection, Li Moumou was brought into the hotel room by many people without any obstacles and was sexually assaulted by many people.
On August 11, 2021, the Qixing Branch of the Guilin Public Security Bureau imposed a fine of 20,000 yuan on the hotel involved in accordance with Article 122 of the Law of the People's Republic of China on the Protection of Minors, and ordered it to suspend business for one month for rectification. .
In order to promote hotels, guesthouses, hotels and other accommodation operators in the jurisdiction to further implement the mandatory reporting system, the Qixing District People's Procuratorate and the Qixing Branch of the Municipal Public Security Bureau jointly formulated the "Opinions on Regulating the Operation of the Hotel Industry and Strengthening the Protection of Minors", which has been issued to more than 200 people. Accommodation operators shall conduct mandatory reporting system training, and establish a joint supervision mechanism to form governance synergy.
3. Typical meaning
Article 11 of the "Law of the People's Republic of China on the Protection of Minors" stipulates that if a unit or its staff that has close contact with minors finds that the minor's physical and mental health has been violated, suspected of being violated, or faces other dangerous situations during work, Report to relevant departments such as public security, civil affairs, education, etc. immediately.
Mandatory reporting is a legal responsibility, and any unit and personnel should strictly abide by it.
In recent years, hotels, guesthouses and hotels have become places with a high incidence of crimes against juveniles.
In order to effectively prevent crimes against minors and strengthen the protection of minors, the Law on the Protection of Minors clearly stipulates the responsibility of accommodation operators for the safety and protection of minors.
Article 57 and Article 122 of the Law respectively stipulate that accommodation operators such as hotels, guesthouses, hotels and other accommodation operators shall ask parents or other The contact information of the guardian, the identity relationship of the occupants, and other relevant information; if any suspected illegal or criminal offence is found, it shall be reported to the public security organ immediately, and the parents or other guardians of the minor shall be contacted in time.
Those who violate the above provisions shall be ordered to make corrections within a time limit and given a warning; those who refuse to make corrections or cause serious consequences shall be ordered to suspend business for rectification or revoke their business licenses and relevant permits, and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan.
The implementation of the compulsory reporting obligation of accommodation operators is an important guarantee for preventing crimes against minors.
The procuratorial organs shall closely cooperate with the public security organs when handling cases of crimes against minors that occur in accommodation business premises, and check whether there are violations of the regulations on inquiry, registration, and compulsory reporting on a case-by-case basis. Prevent the occurrence of crimes against minors at the source, and jointly create a safer and more harmonious social environment for minors.
The Rape Case of Xu Moumou and Yang Mou
——Accommodation operators who discover that minors are in danger of being infringed do not report and bear the responsibility according to law
1. Basic case
On October 28, 2020, Xu Moumou and Yang Mou (minor) discussed in advance and asked Wang Moumou (female, minor) and her friend Liu Moumou (female, minor) to have dinner, and coaxed Wang XX and Liu XX drink a lot.
At about 1 am the next day, Yang and Xu took the drunk Wang and Liu to a business hotel in Xuzhou City, Jiangsu Province.
Yang forcibly had sex with Liu.
Xu Moumou wanted to have sex with Liu Moumou and Wang Moumou, but both failed.
On March 5, 2021, Yang and Xu were prosecuted by the procuratorate on suspicion of rape.
After trial in accordance with the law, Xu Moumou was sentenced to three years and nine months in prison, and Yang Moumou was sentenced to two years and nine months in prison.
After investigation, on the day of the incident, the hotel only registered Xu Moumou's identity information, and opened a triple room for Xu Moumou, Yang Mou, Wang Moumou, and Liu Moumou.
The investigators checked the monitoring at the front desk of the hotel and found that Wang Moumou and Liu Moumou were obviously drunk when they checked in, and Wang Moumou was wearing a school uniform. The staff did not ask Wang Moumou and Liu Moumou to show their identity documents, nor did they ask about the situation or contact The guardian did not report to the public security organ after discovering the abnormal situation.
2. Processing situation
After the procuratorial organ found in the handling of the case that the hotel involved violated the rules of accepting minors and failed to perform mandatory reporting obligations, it suggested that the public security organ impose administrative penalties on the hotel involved and related personnel.
The public security organs imposed administrative punishments of rectification within a time limit and fines on the hotels and related staff respectively.
Because the hotel failed to fulfill its safety protection obligations, causing minors to be violated in its business premises, the procuratorial organ, while prosecuting the defendant in accordance with the law, supported the victim Liu Moumou in filing a civil lawsuit with the court, requiring the hotel involved to bear the corresponding mental damage Liability for compensation.
After the pretrial mediation organized by the court, the hotel involved in the case compensated Liu Moumou for 10,000 yuan in spiritual comfort.
3. Typical meaning
In recent years, the number of criminal cases of sexual assault against minors prosecuted by procuratorial organs has been on the rise. Among them, hotels, guesthouses, hotels and other accommodation business establishments illegally receive minors to stay and lead to the problem of sexual assault is more prominent.
Some lodging operators and their employees do not have a strong awareness of protection, and the registration system, reporting system and other regulations are not implemented in place, which are important reasons for the above problems.
Accommodation business premises that accept minors must check their identities and register truthfully, inquire about the contact information of the minors’ parents or other guardians, inquire about the identity of the co-residents, strengthen security inspections and visitor management, and find clues that minors are suspected of being violated Or face the danger of unlawful infringement, they should immediately report the case or report to the public security organ.
Emphasizing interests over safety, and failing to report any abnormal situation found, it shall bear responsibility in accordance with the law.
A child molester case of Zhang
——The person in charge of the school did not fulfill the obligation of compulsory reporting and was held accountable according to law
1. Basic case
Zhang Mou, formerly a mathematics teacher in a primary school in Hefei, Anhui.
From the second half of 2019 to October 2020, in school classrooms, offices, and cram schools at home, Zhang repeatedly touched the private parts such as breasts, buttocks and other female students in the class, Zhao Moumou, Liu Moumou, and Wang Mou. Obscene acts such as kissing.
Later, the upper management department of the primary school and the principal of the town center school, Shen, heard the rumor that Zhang molested the students, so he and the deputy principal of the primary school, Zhong, asked Zhang and the victim's parents about the relevant situation.
The school suspended classes for Zhang and asked Zhang to negotiate with the parents of the students to handle the matter.
After that, under the witness of Zhong Mou, Zhang Mou admitted his mistake to the victimized students and their parents, and compensated each of the three victims 100,000 yuan.
In November 2020, this case was reported by the public.
On February 23, 2021, the People's Procuratorate of Lujiang County, Hefei City, Anhui Province prosecuted Zhang on suspicion of child molestation.
The Lujiang County People's Court sentenced Zhang to four years in prison.
2. Processing situation
On December 30, 2020, the Lujiang County People's Procuratorate transferred the clues that two school principals, Shen and Zhong, failed to perform their mandatory reporting obligations to the Lujiang County Commission for Discipline Inspection and Supervision.
For failing to perform the compulsory reporting obligation and concealing the clues of the case of teachers infringing upon students, Shen was removed from the positions of party committee secretary and principal of the central school and given a warning within the party; Zhong was removed from the position of vice principal of the primary school and given a serious warning within the party .
In response to the problems exposed in this case, the Hefei Municipal People's Procuratorate has sorted out and analyzed the cases of sexual abuse of minor students by teachers and staff in the city in the past five years, and issued procuratorial suggestions to the Municipal Education Bureau, suggesting that the campus safety management and security system should be improved, so that the education of the rule of law can be comprehensive. Integrate into campus life, strengthen the implementation of the compulsory reporting system and the entry inquiry system, improve the school evaluation mechanism, and effectively increase the protection of the rights and interests of minors in school.
The Municipal Procuratorate and the Municipal Education Bureau made joint rectifications, co-signed the "Implementation Plan on Carrying out Cooperation in the Protection, Inspection and Education of Minors", established a joint inspection team, and carried out on-the-spot investigation and supervision in the schools and boarding schools involved in the case. Institutions and mechanisms such as the supervision and management of hiring personnel and the management of girls' dormitories are promoted, and the implementation of the mandatory reporting system is promoted.
3. Typical meaning
Schools are important places for minors to study and live, and have the legal obligation to protect minor students.
In June 2021, the Ministry of Education promulgated the Regulations on the Protection of Schools for Minors, specifically requiring schools to establish a mandatory reporting mechanism in accordance with the law. Report to public security, civil affairs, education and other relevant departments.
When schools and faculty find that underage students have been violated, they must not file a case without reporting it, let alone organize "mediation" between the parents of the students and the persons involved in the case in private.
Procuratorial organs should give full play to their legal supervision functions, cooperate with education departments to strengthen the publicity and education of laws and regulations such as the Law on the Protection of Minors, promote the implementation of systems such as school safety, mandatory reporting, and employment inquiry, and enhance the consciousness of schools and teaching staff to report mandatory reporting in accordance with the law. Build a "firewall" for the healthy growth of minors.
Sun Mouru rape case
——Medical institutions will be severely punished for not reporting pregnant girls
1. Basic case
In December 2020, Sun Mouru and Sun Moumou (female, minor) met through the Internet.
From February 2021, Sun Mouru, knowing that Sun Moumou was under the age of 14, raped Sun Moumou several times, causing him to become pregnant and miscarried twice.
Sun Moumou's mother called the police after learning about the incident.
On January 27, 2022, the People's Procuratorate of Donggang City, Liaoning Province prosecuted Sun Mouru on suspicion of rape.
On March 21 of the same year, the Donggang City People's Court sentenced Sun Mouru to ten years in prison.
After investigation, Sun Mouru took Sun Moumou for an abortion in an outpatient department in Donggang City in October 2021.
Ji Moumou, a gynecologist in the outpatient department, performed an artificial abortion operation for Sun Moumou without his guardian's accompaniment and signature confirmation, and did not report the situation to the public security organs or relevant departments.
According to the verification, the outpatient department does not have the license to carry out family planning surgery.
2. Processing situation
After the Donggang City People's Procuratorate found out that the medical staff admitted to the outpatient clinic did not fulfill the mandatory reporting obligations during the handling of the case, it notified the Donggang Municipal Health and Health Bureau of the relevant situation, and suggested that the medical institutions and personnel involved in the case should be held accountable according to law.
Based on the facts verified by the investigation, Donggang Municipal Health and Health Bureau imposed administrative penalties of warning, confiscation of illegal gains, and a fine of 20,000 yuan on the outpatient department involved, and canceled the relevant department; physician Ji Moumou was given an administrative suspension of six months of practice. penalty.
In order to effectively promote the implementation of the compulsory reporting system, the Donggang Municipal People's Procuratorate, together with the Municipal Health and Health Bureau, organized relevant medical institutions within its jurisdiction to carry out a one-week special training on the protection of women's and children's rights and the compulsory reporting system. Formally organize the publicity of laws and regulations, and effectively enhance the awareness of medical institutions and medical staff to report mandatory reports in accordance with the law.
3. Typical meaning
According to the provisions of the Law on the Protection of Minors on the compulsory reporting system, medical staff are obliged to report in a timely manner when a minor is suspected of being violated.
It is of great significance for medical staff to perform mandatory reporting obligations to detect and block crimes against minors in a timely manner and to protect minors from continuous violations.
Regarding what are suspected cases of minors being violated, the State Supervision Commission, the Supreme People's Procuratorate, the Ministry of Education, the Ministry of Public Security and other 9 departments "Opinions on Establishing a Compulsory Reporting System for Cases of Infringement of Minors (Trial)" (High Inspection and Fa [2020]) 9) has been refined.
Among them, the pregnancy or miscarriage of female minors under the age of 14 is a situation that must be reported. If relevant units and personnel find this situation, they should immediately report the case or report to the public security organ.
Mandatory reporting by medical staff is not only an important way to help minors get out of danger in a timely manner, but also an important means to detect crimes and collect evidence.
Both private and public medical institutions are subject to compulsory reporting obligations stipulated by the Law on the Protection of Minors in my country, and should strictly implement the legal provisions on compulsory reporting.
For those who fail to implement, conceal, or fail to report, the directly responsible personnel and their affiliated medical institutions shall be held accountable according to law.
Wang's intentional injury case
——Rewards for reporting, not reporting accountability, rewards and punishments, and compaction of mandatory reporting responsibilities
1. Basic case
In May 2021, after Ma Moumou divorced, he took his son Yue Moumou (a minor) to live in her boyfriend Wang Mou's house.
On June 2 of the same year, Ma Moumou went out on business and handed Yue Moumou to Wang Mou to take care of him.
Seeing that Yue Moumou put toilet paper in his trouser pocket, Wang Mou successively beat Yue Moumou with his hands and kicked him, causing him serious injuries.
Later, Yue Moumou was sent to a hospital in Linshu County, Shandong Province. Doctors Wang Moujia and Wu Moujia treated him successively, but neither of the two doctors fulfilled their mandatory reporting obligations after discovering that Yue Moumou's injury was abnormal.
On June 8, Wu Mouyi, a nurse in the hospital, reported Yue Moumou's situation to Wang Mouyi, a staff member of the County Women's Federation. Violence, then decided to call the police, the public security organs immediately arrested Wang.
On August 22, the Linshu County People's Procuratorate prosecuted Wang on suspicion of intentional injury.
The Linshu County People's Court sentenced Wang to four years and six months in prison.
2. Processing situation
The Linshu County People's Procuratorate informed the County Health Bureau of the handling of the case.
Due to their failure to perform their mandatory reporting obligations, the hospital criticized doctors Wang Moujia and Wu Moujia in a circular, ordered them to make in-depth reviews, and canceled their 2021 annual evaluation qualifications.
At the same time, because nurse Wu Mouyi reported the case in time, the criminals were punished in accordance with the law, and the victimized children received timely protection. The Linshu League County Committee awarded Wu Mouyi the honorary title of "Outstanding Youth of Linshu County".
The People's Procuratorate of Linshu County suggested that the county health and health bureau carry out special rectifications, train more than 1,300 medical workers in the county, and conduct legal publicity on the mandatory reporting responsibilities of medical staff, situations that should be reported, and precautions based on typical cases, so as to improve medical care. The awareness of the personnel to take the initiative to report forms the consciousness of "high vigilance, active inquiry, truthful record, and immediate report".
The County Health Bureau organized medical institutions and medical staff in the county to sign the "Compulsory Reporting Responsibility Commitment" and the "Compulsory Reporting Responsibility Notice of Rights and Obligations" to ensure that the mandatory reporting responsibility is on the job.
3. Typical meaning
For hidden violations that occur within the family and are difficult to be discovered by outsiders, the mandatory reporting by medical staff plays a vital role in helping and protecting minors who are under illegal aggression.
In order to effectively implement the mandatory reporting requirements and further strengthen the protection of minors, medical staff should carefully check the injury status and ask about the cause of the injury when receiving injured children, especially for multiple injuries, old injuries, alternating new and old injuries, and the cause of the injury is not the same. In the first case, it is necessary to combine medical diagnosis and clinical experience to comprehensively determine whether minors have been subjected to violence.
If a minor believes that a minor has been violated or is suspected of being violated, the medical staff should report it immediately.
For those who conceal the facts of infringement and fail to report them, the higher-level competent department or the unit to which they belong shall punish according to law and be held accountable seriously.
Where criminals are punished in accordance with the law due to timely reporting, relevant departments shall give appropriate rewards to relevant personnel in accordance with laws and documents.
Chen Moujia's negligent cause of death
——Strengthen the compulsory reporting responsibility of grassroots organizations and protect minors in the first place
1. Basic case
On August 10, 2020, when the Shanghai Children's Hospital received a 3-year-old child Chen Mouyi, it found that the cause of death was suspicious, and immediately reported the case to the Putuo Branch of the Shanghai Public Security Bureau, and also to the Putuo District People's Procuratorate.
After the public security organ filed a case, it was found that Chen Mouyi died of tracheal blockage and suffocation due to choking after being forcibly fed by his mentally ill mother Chen Moujia.
On March 1, 2021, the Putuo District People's Procuratorate prosecuted Chen Moujia on suspicion of causing death by negligence (Chen Moujia was limited in his ability to be criminally liable). On March 19 of the same year, the Putuo District People's Court charged him with causing death by negligence Chen Moujia was sentenced to two years in prison, suspended for two years.
After investigation, the residents' committee of Chen Moujia's place of residence knew through family planning statistics and daily work that Chen Moujia had suffered from mental illness, had a child out of wedlock, and raised the child at home alone.
During the home visit, the cadres of the neighborhood committee also found that Chen Mouyi often had black green on his body and face, and his growth was stunted. Chen Moujia had abnormal parenting behaviors such as forcibly feeding the children and wearing only a vest in winter.
However, the neighborhood committee paid no attention to this and did not report the case to the public security organs, nor to the competent administrative organs.
2. Processing situation
After the Putuo District People's Procuratorate found out that the residents' committee of Chen Moujia's place of residence had not fulfilled its mandatory reporting obligations during the review and prosecution, it issued a procuratorial suggestion to the sub-district office in charge of the neighborhood committee, and held a public announcement meeting of the procuratorial suggestion. Criticism and education were carried out; it was suggested that sub-district offices strengthen learning and training to improve the awareness and ability of staff in the jurisdiction to protect minors; carry out special actions to find clues about mandatory reporting in the jurisdiction; establish a long-term mechanism and set up special personnel to be responsible for mandatory reporting.
In response to the low social awareness of the mandatory reporting system, the Putuo District People's Procuratorate invited the district women's federation, public security, relevant sub-district, and residents' committee staff to hold a mandatory reporting on-site promotion meeting to interpret the mandatory reporting system in depth with real cases.
The streets involved have set up special personnel and posts at the sub-district and neighborhood committee levels to be responsible for mandatory reporting, establish a working mechanism for rolling investigations and clue reporting, and establish files for children in distress who have been identified, and special personnel will follow up.
In April 2021, the Putuo District People's Procuratorate and 9 departments including the District Women's Federation and the District Health and Health Commission jointly issued the "Implementation Rules for the Compulsory Reporting System of Violation Against Minors in Putuo District", further forming a joint force for the implementation of the compulsory reporting system.
3. Typical meaning
As a first-line grassroots organization, the neighborhood (village) committee has the advantage of being familiar with the grassroots and understanding the masses.
Neighborhood (village) committees earnestly fulfilling their mandatory reporting responsibilities play an important role in strengthening crime prevention, protecting minors, and realizing early detection and early intervention in violation of minors.
Article 11 of the "Law of the People's Republic of China on the Protection of Minors" clearly stipulates that if residents' committees and villagers' committees find that minors have been physically or mentally violated, suspected of being violated, or face other dangerous situations during their work, they shall immediately report to the public security and other relevant departments. Report.
Neighborhood (village) committees are the subject of statutory mandatory reporting obligations. In order to fully perform mandatory reporting duties, relevant personnel need a strong sense of responsibility, sensitivity, and awareness of the protection of minors.
In particular, when minors are found to be "in danger", they must report immediately, intervene and stop them in a timely manner, avoid malignant cases, reduce harmful consequences, and achieve "prevention is the best protection."
Procuratorial organs should strengthen communication and cooperation with sub-district and neighborhood (village) committees to help find and solve problems. If there are obvious problems or repeatedly pointed out that they are not corrected, they should report to the higher-level competent department, and punish and hold accountable according to law.