China News Service, Beijing, December 6th (Liu Huan) A few days ago, the Supreme People's Court, together with the Supreme People's Procuratorate and the Ministry of Education, issued the "Opinions on the Implementation of the Prohibition System" (hereinafter referred to as the "Opinions"), starting from November 15, 2022. implement.
On the day when the "Opinions" came into effect, the Haidian District Court of Beijing issued the first ever judgment of life ban in the country.
Subsequently, Gansu, Jiangsu and other places also successively sentenced the "first case" of life ban.
What does the verdict mean?
What are the breakthroughs in the law?
The first case was pronounced in many places to prevent re-offending
Lifetime ban refers to the lifelong prohibition of criminals from engaging in work in close contact with minors, including jobs that are responsible for guardianship, education, training, rescue, nursing, and medical treatment of minors. The main purpose is to prevent criminals from using their jobs again. Committing crimes on the basis of occupation and position.
On November 15, the juvenile court of the People's Court of Haidian District, Beijing opened a first-instance trial on a child molestation case and announced the verdict in court. The defendant Wang Moumou was sentenced to fixed-term imprisonment for committing the crime of molesting a child. Work with minors.
This case is the first case in the country based on the newly added Article 37-1 of the Criminal Law Amendment (9) and the provisions of Article 62 of the "Minor Protection Law" implemented in 2021 after the "Opinions" were promulgated and implemented. For teaching staff who sexually abuse minors, it is declared that they will not be engaged in criminal cases of working in close contact with minors for life.
Subsequently, many places have successively sentenced the "first case" of life ban.
The People's Court of Haizhou District, Lianyungang City, Jiangsu Province pronounced the verdict of the first instance on the case of a dance teacher employed by a training institution, Zhao Moumou, for the crime of compulsory molestation and child molestation. It is prohibited to engage in education-related occupations.
The juvenile court of Kongtong District Court, Pingliang City, Gansu Province publicly pronounced a verdict on a child molestation case according to law. Lifetime ban on working in close contact with minors.
It is reported that before the release of the "Opinions", the law already had relevant regulations prohibiting practitioners.
In 2015, Article 37-1 was added to the Criminal Law Amendment (IX), which stipulated the employment prohibition system, that is, if a person is sentenced to a criminal penalty for committing a crime by taking advantage of the convenience of his occupation, or committing a crime that violates the specific obligations required by the occupation, the people's court may According to the crime situation and the need to prevent re-offending, the judgment prohibits him from engaging in related occupations for a period of 3 to 5 years.
The 2020 revision of the "Law on the Protection of Minors" added a new article 62, which stipulates a lifelong ban system for work that has close contact with minors, and clarifies that "when a unit that has close contact with minors recruits staff, Public security organs and people's procuratorates should inquire whether candidates have criminal records such as sexual assault, abuse, trafficking, and violent injuries; if they are found to have the aforementioned behavior records, they shall not be hired."
Guan Zhiqiang, a lawyer from Beijing Hengdu Law Firm, told Chinanews.com that these judgments are a manifestation of the implementation of the prohibition of employment stipulated in the Criminal Law and the lifelong ban system stipulated in the "Law on the Protection of Minors". The social level plays a supervisory and warning role, purifies the campus environment, and protects minors."
From 3 to 5 years to a lifetime ban, what breakthroughs have been made?
It is understood that the "Opinions" has a total of 10 articles, with a total of three aspects:
The first is to clarify the specific rules for the judiciary to apply the employment prohibition and prohibition orders in handling criminal cases of teaching staff.
The second is to stipulate that after the judgment of the crime case of teaching staff takes effect, the people's court shall serve the judgment document to the education administrative department.
The third is to clarify the relationship between the criminal judgment of the people's court and the unit and competent department of the criminal teaching staff, the handling, punishment and punishment.
In addition, the "Opinions" also clarified that the organizers and actual controllers of schools, kindergartens and other educational institutions and off-campus training institutions commit crimes, and shall be implemented in accordance with these opinions.
The heads of the Research Office of the Supreme People's Court, the Ninth Procuratorate of the Supreme People's Procuratorate, and the Department of Teachers' Affairs of the Ministry of Education previously stated that although the Criminal Law and the "Law on the Protection of Minors" have relevant provisions prohibiting employment, the People's Court has to decide whether to There are different opinions on how to make and how to make the decision to prohibit the practice, and the judgments in practice are also inconsistent. Some even imposed a certain period of prohibition for the situation that should have been banned for life.
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.
The "Opinions" were promulgated to ensure the accurate implementation of the law and effectively implement the prohibition system.
Tian Xiangxia, deputy secretary-general of the Juvenile Law Research Association of the Shanghai Law Society, believes that the sentence period has changed from 3 to 5 years to the current life ban, which is a major breakthrough in the law.
"Some crimes committed against minors may be repetitive and consistent. The original 3-5 year protection period is not enough, because the offender may still engage in this profession and commit crimes later. .” Tian Xiangxia told Chinanews.com.
The legal net for the protection of minors is getting thinner
Judging from judicial practice in recent years, the protection of the rights and interests of minors has attracted further attention.
The "White Paper on Minors' Procuratorial Work (2021)" released by the Supreme People's Procuratorate shows that in 2021, the procuratorial organs will prosecute 17,917 people suspected of raping minors, 7,767 people suspected of molesting children, and prosecuting crimes involving forced molestation and insulting minors. 2167 people.
From the perspective of the specific protection of minors, Tian Xiangxia believes that the relevant legal provisions on the protection of minors are being continuously refined, reflecting the principle of maximizing the legal interests of minors.
"The protection of minors is a comprehensive project. The original law was not clear enough in some places. Now various regulations and systems are constantly improving, making the legal net of the minor protection law more and more narrow, and the applicability and guidance of the law are getting stronger and stronger. Get stronger and stronger." Tian Xiangxia said.
Jin Zengyu, a lawyer from Beijing Jingpin Law Firm, said that my country's laws attach great importance to the protection of minors and are becoming more and more powerful. It can be seen that my country has initially formed a matrix for the legal protection of minors."
For example, the newly revised "Law on the Protection of Minors" has added network protection, government protection, and a mandatory reporting system based on social development.
"Minors are immature physically and mentally, have not rich social experience, and have weak ability to distinguish right from wrong, etc., which determine that the law should provide special protection for them. In addition to ensuring their basic survival and knowledge education, it is also necessary to create a good social environment for them. "Jin Zengyu said.
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