Research On The Compulsory Reporting System Of Cases Infringing On Minors

In 2020,nine departments including the Supreme People’s Procuratorate and the state supervisory commission have issued the "compulsory reporting system for cases of violations of minors" for the first time in China,which is important for promptly and effectively punishing crimes against minors,improving the level of protection of minors,and advancing The improvement of the social governance system for the protection of minors is of positive and significant significance.Through the concept of "national parental power" and the principle of children’s best interests,the compulsory reporting system of infringement on minors provides a legitimate basis for the state to actively intervene in the internal guardianship of the family and force specific social subjects to bear the corresponding reporting obligations.The system requires entities with reporting obligations to perform compulsory reporting obligations to the public security organs and other administrative agencies under certain circumstances,otherwise they will bear adverse legal consequences.Compared with the previous legislation on the protection of minors,the regulations on the compulsory report system are more comprehensive and specific.It not only clarifies the subjects of various compulsory reporting obligations,the scope of criminal cases,the departments and their responsibilities,but also plays a more effective role in the judicial supervision of procuratorial organs and the investigation supervision of supervisory organs The smooth operation of the mandatory reporting system is guaranteed.At the same time,it also provides the following functions of judicial relief and social assistance for the minor victims,and solves the "worries of future care" about where the minor victims will follow.Nonetheless,there are still controversies regarding the mandatory reporting system for violations of minors.First of all,the single subject type of compulsory reporting obligation and the narrow scope of cases will lead to some cases against minors can not enter the field of vision of criminal justice process;Secondly,there are some defects in the establishment of the compulsory reporting system of criminal cases,such as the lack of specific operational guidelines for the reporting procedure,the lack of investigation and evaluation procedures for the case,the poor connection with the criminal investigation procedure and the imperfect judicial assistance procedure for the minor victims,which will lead to the active intervention of the national judicial force and form an embarrassing situation;Thirdly,in the criminal cases against minors,the implementation of compulsory reporting system still has the resistance of internal factors such as the sense of responsibility of the subject of reporting obligation and external environment such as criminal judicial supervision.In order to deal with the above deficiencies,the paper proposes to enrich the types of reporting obligation subjects,clearly distinguish mental abuse and expand the scope of reporting;To realize the standardization of the specific operation content of the reporting procedure,to construct the investigation and evaluation procedure and the conclusion feedback procedure,to strengthen the close connection with the criminal case filing procedure,and to improve the judicial assistance system for minor victims;We should eliminate the obstacles in the operation of the system from two aspects:enhancing the initiative of the subject of reporting obligation and strengthening the criminal judicial supervision function of the procuratorial organ.