Zhang Xiliu
Workers' Daily(Version 2023, 04.04.05)
According to an April 4 Jiupai News report, the Hubei Xianning Intermediate People's Court recently heard a child molestation case and found that Deng Mou, a primary school teacher in Tongshan County, had been reported to the school by parents for child molestation in 2. At that time, the county's education administration and the original school did not deal with it after investigation, and transferred him to another elementary school to continue teaching. In 2014, Deng took advantage of his position to commit another crime. Subsequently, the court issued a judicial recommendation to the county education bureau, urging it to implement its duties and guidance on the employment restrictions of teachers and staff in the jurisdiction, the mandatory reporting system, and the supervision and management of teacher qualification certificates.
Teachers have the professional characteristics of close contact with minors, and if they molest or harass students, it will obviously cause great harm to students' physical and mental health. In the past, some teachers did not abide by the teacher's morals, continued to teach after receiving "internal processing", or taught in different places after being expelled; Some teachers have a previous record of sexual assault, but after receiving legal punishment, they return to the teaching team to commit crimes again. It can be seen that allowing people with bad records to continue to engage in work closely related to minors is extremely dangerous and risky.
Blocking the "big bad wolf" who abuse minors from the door of specific professions has gradually become a consensus from all walks of life. The 2015 Amendment to the Criminal Law (IX) added a "prohibition on employment", that is, if a person is sentenced to a criminal punishment for using professional convenience to commit a crime, the people's court may prohibit him from engaging in relevant occupations. In December 2019, the Ministry of Education and seven other departments issued the "Opinions on Strengthening and Improving the Construction of Teachers' Morality and Teaching Style in the New Era", which requires that prominent problems such as teachers sexually harassing students with strong public reactions and bad social influence be taken as the focus and strictly investigated. The 12 overhaul of the Law on the Protection of Minors, while establishing a mandatory reporting system, stipulates that "the state shall establish an information inquiry system for illegal and criminal personnel such as sexual assault, abuse, abduction, and violent injury, and provide free inquiry services to units that have close contact with minors." In 2021, the SPC and other three departments jointly issued the Opinions on Implementing the Prohibition System for Engaging in Employment, which stipulates that if a teacher or staff commits a crime such as sexual assault, the people's court shall rule that they are prohibited from engaging in work in close contact with minors.
In the process, some places have also been explored. In 2021, the Shanghai procuratorate established the country's first provincial-level information database and employment inquiry system for persons involved in sexual assault offenders to prevent personnel with criminal records of sexual assault of minors from engaging in industries with close contact with minors. At the same time, the Guangzhou Municipal People's Procuratorate in Guangdong Province has launched an online "Information Database on Crimes against Minors" system, docking with the Education Bureau and other functional departments, establishing a mandatory inquiry mechanism for criminal records in the entry procedures of personnel in special industries or positions related to children's growth, to help relevant units improve the accuracy and effectiveness of personnel entry review and character assessment.
It can be seen that to prevent teachers from committing crimes again with bad deeds or former studies, preventive measures such as "employment inquiry" and "employment prohibition" must be strictly implemented and implemented. At the same time, schools should strictly control the entrance of teachers, strengthen the management of teachers, and never tolerate or favor teachers suspected of violating laws and regulations.
It is the responsibility of adults and the responsibility of the whole society to cut off the "claws" extended to the children and take full care of the physical and mental health of each child.