Many courts ruled that teachers involved in sexual assault were "banned for life"
Set up a "isolation zone" to strictly prevent crimes of sexual assault on minors
□ Our reporter Zhang Chen
On November 15, the Supreme People's Court, together with the Supreme People's Procuratorate and the Ministry of Education, issued the "Opinions on Implementing the Employment Prohibition System" (hereinafter referred to as "Opinions") for implementation.
On the same day, the juvenile court of the People's Court of Haidian District, Beijing pronounced a verdict on a child molestation case. The defendant Wang Moumou was sentenced to fixed-term imprisonment for the crime of molesting children and was prohibited from engaging in close contact with minors.
This is the first case in the country where the Law on the Protection of Minors has been applied after the "Opinions" were issued by the three departments, and a "lifetime employment ban" was imposed on teaching staff who sexually abused minors.
Since then, courts in many places have ruled that teaching personnel involved in sexual assault are "banned for life", highlighting the special and priority protection of minors.
How to implement "zero tolerance" for crimes against minors?
In order to further build a "isolation zone" and "firewall" for the protection of minors, a reporter from the "Rule of Law Daily" interviewed relevant experts and scholars.
Improve the law to plug the regulatory loopholes
The crime of sexual assault on minors has the characteristics of high recidivism rate, difficult correction, concealment and serious consequences.
Statistics show that in 2021, procuratorial organs nationwide will prosecute 60,553 people for crimes against minors, a year-on-year increase of 5.69%, of which 27,851 people will be prosecuted for sexual assault crimes.
In order to protect minors from being violated, especially to prevent criminals with previous convictions from taking advantage of their positions to facilitate crimes again, relevant laws have been continuously improved in recent years.
In 2015, Article 37-1 was added to the Criminal Law Amendment (IX), which stipulates the employment prohibition system.
In 2020, the newly revised Law on the Protection of Minors added Article 62, which stipulated a lifelong ban system for work that has close contact with minors, and clarified that when recruiting staff, units that have close contact with minors should Check with the relevant authorities whether the applicant has a history of sexual assault, abuse, trafficking, violence, etc. Those with the above-mentioned illegal and criminal records shall conduct inquiries; if their staff members are found to have the above-mentioned behaviors through inquiries or other means, they shall be promptly dismissed.
The institutional network of "prohibiting sexual assault on teaching staff" is constantly weaving tightly.
The person in charge of the Supreme Law Research Office said that after the revision of the Law on the Protection of Minors, how to coordinate the relationship between Article 37-1 of the Criminal Law and Article 62 of the Law on the Protection of Minors, and how to comply with the Law on the Protection of Minors Under the circumstances specified in Article 62, people's courts have different opinions on whether and how to make a decision on prohibition from practice in the judgment, and the judgments in practice are inconsistent. Prohibition.
At the same time, because the education administrative department cannot timely grasp the judgment results of the crime committed by the teaching staff, some teachers still engage in the teaching profession after concealing the crime after committing the crime.
In this regard, the "Opinions" stipulates that if a teaching staff commits crimes such as sexual assault, abuse, trafficking, and violent injury, the people's court shall, in accordance with the provisions of Article 62 of the Law on the Protection of Minors, make a judgment prohibiting them from engaging in close contact with minors. work, that is, they are not allowed to work in close contact with minors for life.
"Such a judgment will not only allow the defendant to clearly understand the scope of the prohibited business, but also enable the employer to better implement the obligation of employment inquiries, and it can also declare to the whole society, play a role of supervision and warning, and help plug possible loopholes , and further strengthen social management.” said the person in charge.
"Life ban" to prevent re-offending
Wang Yanfei, director of the Institute of Criminology at Hunan University, believes that in the past, limited by the framework of higher laws, the occupational prohibition period for criminals involved in sexual assault of minors ranged from 2 to 5 years, and the proportion was relatively low.
In statistical cases, the time span of the subject of the recidivism may be longer, not limited to within 5 years.
Therefore, the occupational ban ending in 5 years has only a moderate effect on preventing his recidivism.
In the above-mentioned Haidian court sentencing case, Wang Moumou was an external instructor of a school in Beijing before he was arrested. During his tenure, he used the opportunity of "one-on-one" individual teaching to touch the body of a 10-year-old girl in the school many times. private parts.
In March of this year, Wang Moumou was arrested and brought to justice after being reported by the family of the victimized girl.
The Haidian District Court held that the defendant, Wang Moumou, as a teaching assistant employed by the school, intentionally molested girls under the age of 14 many times while teaching students. His behavior constituted the crime of molesting children and should be punished.
The judge in charge of the case stated that Wang Moumou was a professional teaching staff who had special responsibilities for minors at the time of the case. During the teaching process, he repeatedly molested girls under the age of 14, seriously violated professional ethics, corrupted teacher ethics, disrupted the normal order of education and teaching, and damaged the good image of the entire teaching team in society, and should be severely punished according to law.
Taking advantage of the opportunity of "one-on-one" counseling, Wang Moumou carried out obscene acts on girls. The subjective viciousness was obvious and the social harm was great. In order to prevent her from committing crimes again and provide a safe and clear campus environment for the healthy growth of minors, Haidian The district court banned the defendant Wang Moumou from practicing in accordance with the law.
Experts recommend building a crime database
"To ensure the implementation of the lifetime ban, it is necessary to promote the implementation of the entry inquiry system nationwide, and the establishment of an information database for sexually assaulting minors is essential." Wang Yanfei pointed out.
In addition, in the specific practice of the employment prohibition system, which jobs are regarded as industries that may have close contact with minors?
Wang Yanfei believes that with the continuous development of the times and the continuous refinement and innovation of the social division of labor, more and more new occupations are born. Therefore, how to define the occupational categories that are in close contact with minors needs to be focused on. An overly broad definition is not conducive to crime. The guarantee of the right to employment after people return to society is too narrow to prevent the crime of sexual assault.
The "Opinions" clarifies the specific rules that the judiciary applies to the employment prohibition and prohibition orders in the handling of criminal cases of teaching staff; it stipulates that after the judgment of the criminal case of teaching staff takes effect, the people's court shall serve the judgment document to the education administrative department; It clarifies the relationship between the criminal judgment of the people's court and the units where the criminal teaching staff work, the competent department's handling, punishment and punishment, and clarifies the rules for the people's court to hear such cases.
The reporter noticed that following the Haidian Court, courts in many places have sentenced teaching personnel involved in sexual assault to "life ban".
During the teaching period, he molested many girls many times, and the murder happened because the girls called the police for help.
On November 17, the People's Court of Luyang District, Hefei City, Anhui Province pronounced the verdict of the first instance on a child molestation case. The defendant Xu Moumou was sentenced to eight years in prison, and was also banned for life from working in close contact with minors.
On the same day, the Juvenile and Family Case Tribunal of the Intermediate People's Court of Shenyang City, Liaoning Province made a final ruling on a child molestation case, and found that the defendant Sun Mou was guilty of child molestation and sentenced to seven years in prison; at the same time, Sun Mou was prohibited from engaging in close contact with minors. people work.
It is reported that the Supreme Law, the Supreme People's Procuratorate, and the Ministry of Education will continue to guide local people's courts, people's procuratorates, and education administrative departments at all levels to accurately implement the relevant provisions of the Criminal Law, the Law on the Protection of Minors, the Teachers' Law, and the "Opinions", accurately apply, Strictly implement the employment prohibition system, "zero tolerance" for serious violations of teachers' ethics, purify the campus environment, and create a good environment for the healthy and safe growth of minors.