Research On The Information Publicity System Of "Megan’s Law" In Cixi Version

In recent years,the media has repeatedly exposed cases of sexual assault on minors,and the vicious cases repeatedly refresh the public’s understanding of human nature.To grip the momentum of such cases,to protect the rights and interests of minors in our country in minhang city of Shanghai province,cixi city of Zhejiang province and huaiyin city of jiangsu province pilot build violations of the minor crime personnel information public and industry system,which led by the people’s procuratorate in cixi city of zhejiang province,the courts,public security and judicial administrative organs jointly issued "sexual assault minor crime personnel measures for the implementation of information disclosure the normative documents.Compared with the content of "Megan’s law" in the United States,the academic circle calls it "Megan’s law" of cixi version.The measures for the first time stipulated the information disclosure system of the offenders who targeted minors,which is a local exploration of the information disclosure system of sexual crimes in China.The measures issued by cixi city is the first step taken by China to make public the information of juvenile delinquents targeted for abuse,but the evaluation mechanism,supporting measures and implementation procedures are not perfect.This paper starts from the controversial issues caused by cixi’s measures,and finds the corresponding solutions by studying the problems,so as to provide some ideas for the improvement of the system and the formation of better social effects.The first part,the cixi version of the "megen law" to the background of the introduction of comb.This paper analyzes the current situation and characteristics of the crime of sexual assault on minors,analyzes the high incidence of sexual assault on minors,the serious social harm and the high recurrence of such crimes,and thus demonstrates the practical background of this system.From the perspective of the maximization principle of children’s interests and the promotion of realistic policies,this paper expounds the theoretical background of cixi’s megen method.The second part,this paper introduces the main contents and related practices of the implementation measures for the disclosure of information of criminals who commit sexual assault on minors issued by cixi city,zhejiang province.Moreover,the risk and doubt of its system are analyzed.Starting from its content,a lot of disputes and doubts are aroused.The emergence of the information disclosure system is based on the protection of the rights andinterests of minors and the prevention of crime.Even though the superior law basis of his claim is valid,it is contradictory to start from the content of the superior law.What has caused great repercussions in the society is the confrontation between private rights,that is,whether the protection of the rights and interests of minors takes precedence over the protection of the privacy of criminals.From the perspective of the realization of legislation,the information disclosure system itself will also produce secondary injury to the victims and not conducive to the return of criminals to society,increasing the risk of recidivism,which is contrary to the original intention.The third part,the disputes faced by the information disclosure system stipulated in cixi’s measures need to be solved in the society and law,not only from the legal level to establish the superior legal basis,so as to standardize the information disclosure system,but also from the protection of legal interests to form a boundary,to balance the legal interests of private rights.The limits of privacy protection need to be made clear.Restrictions on the right to privacy of criminals should be understood as relative restrictions,and the degree of restrictions should be based on the legal basis and appropriate to the degree of legal interests protected.In addition,compared with mature foreign mechanisms,China’s information disclosure system needs the coordination of evaluation mechanism,management system,verification and screening,dynamic monitoring and other supporting measures to better achieve its purpose.