Sexual assault on minors not only brings deep harm to minors and their families,but also causes social panic.In recent years,China has stepped up efforts to punish crimes of sexual assault on minors,but the crime rate and recidivism rate of such crimes remain high.Practice shows that the existing criminal measures to punish sexual assault on minors can no longer meet the practical needs.In order to strengthen the control of sexual assault on minors and protect the legitimate rights and interests of minors,it is necessary to construct other non-penalty punishment systems to assist besides relying on severe punishment.Foreign institutional practice shows that the information disclosure system for juvenile offenders is a powerful measure to control the crime of sexual assault.This system can effectively reduce the crime rate,control the recidivism rate and calm the public mood by registering and selectively disclosing the personal information of criminals.In addition,based on the principle of maximizing children’s interests,the theory of social defense,the principle of protecting criminals’ privacy,and the theory of risk management and criminal cybernetics of the new penalty,it is justified by law to establish an information disclosure system for criminals who sexually abuse minors in China.At present,many places in our country have been exploring the system one after another,such as Cixi City and Ningbo City in Zhejiang Province,Minhang District and Changning District in Shanghai,Huaiyin City in Jiangsu Province,etc.,all of which have issued corresponding systems to protect the interests of minors and effectively punish the criminals who sexually abuse minors.However,on the whole,there are still some imperfections in the punishment system of sexual assault on minors in China,such as the small coverage of information base,insufficient privacy protection of criminals,lack of supporting systems and insufficient program design.However,the foreign system started earlier,and has formed two mature systems,the community announcement model represented by the United States and the limited disclosure model represented by the United Kingdom,which can provide reference for improving this system in China.On the basis of drawing lessons from foreign successful experience and combining with China’s specific reality,this paper puts forward targeted optimization paths for the shortcomings of China’s existing system around three aspects.First,establish a national information base.Clarify the subject and object of registration and management and the registration requirements;Second,we must adhere to the limited disclosure of information.Clarify the subject that can be inquired,and standardize the way,content,subject and procedure and time limit of disclosure;Third,improve the supporting measures of the open system.On the one hand,it is to establish the employment restriction system for criminals,on the other hand,it is to set up a risk assessment mechanism for recidivism for criminals. |