On The Improvement To Compulsory Reporting System In Cases Of Infringement On Minors

In October 2020,the Law of the People’s Republic of China on the Protection of Minors was revised,marking the formal establishment of the mandatory reporting system for cases of infringement on minors in China.Nine departments,including the Supreme People’s Procuratorate,the National Supervisory Commission and the Ministry of Education,the Ministry of Public Security,Civil Affairs,Justice,National Health Commission,Central Committee of the Communist Youth League of China(CYLC Central Committee)and All-China Women’s Federation,jointly issued the Opinions on Establishing a Mandatory Reporting System for Cases of Infringement on Minors(Trial implementation),which made specific provisions on the system and operation mechanism.However,the system in the legislative level is still not comprehensive,there are the following deficiencies: First of all,the application situation is not comprehensive.Mental violence and child pornography are not covered and neglect is limited;Second,the subject of responsibility is not specific.The legislation defines the subject of responsibility as the unit and its staff,organization and practitioners,but it is not clear whether the staff is all the staff or only the staff related to the unit and the organization industry.Third,the operation mechanism is not sound.Among them,there are no specific provisions on the time,way and content of the report,and it seems inappropriate to designate the accepting organ as the public security,education and civil affairs departments,and the reward and punishment regulations on the follow-up service placement of minors and the responsible subject are also vague.In the process of practice and operation of the compulsory reporting system of cases against minors,many local governments have explored many excellent experiences: First,diversified reporting methods.On the basis of setting up the "hotline for the protection of minors",we will actively develop smart reporting methods such as small programs and mobile phone software.Second,the one-stop case handling and assistance platform provides effective assistance.The "one-stop" case handling assistance platform is effectively combined with the system to avoid secondary injuries to minors caused by case investigation.Third,local innovation mandatory reporting system.Such as refining the responsibility of the main body of the reward measures,the establishment of the corresponding reward mechanism;Long-term tracking of the follow-up service placement measures for minors.In practice,a lot of icing on the cake practices emerged,but there are also the following aspects of the problem:First,institutional understanding is not in-depth.For example,they have not heard of the system,have different understanding of the violation under the system,and have not received relevant training.Second,there is insufficient willingness to report.Reasons include fear of further harm to minors or lack of improvement after reporting,fear for their own safety,and lack of awareness of violations.Third,private mediation is common.Private mediation mainly appears in school violence and bullying cases or sexual assault cases of minors.Parents choose private mediation for the protection of minor children and schools for the maintenance of school reputation.The mandatory reporting system of cases against minors was originally set up to protect minors and provide timely protection and assistance to the minors who were harmed.In order to better realize the purpose of the system,the system should be normalized from the following six aspects: First,expand the application of the system.The application of mandatory reporting should be expanded to include mental violence and child pornography,as well as online violence,while absorbing all acts of neglect.Second,make clear the subject of responsibility.Firstly,the subject of liability shall be limited to those who have close contact with minors and the responsibility shall be implemented to individuals.Meanwhile,the corresponding subject of liability shall be determined according to the applicable situation.Third,standardize the operation mechanism.On the one hand,the reporting mechanism should be clarified.It includes clarifying the time limit and content of the report and increasing the reporting method.On the other hand,the response mechanism should be regulated.The accepting agencies will be unified as relief and protection agencies for minors,and the specific steps of investigation and evaluation after the case is accepted will be clarified.Meanwhile,the punishment of the subject of the infringement and the service and placement of minors will be detailed.In addition,reward and punishment mechanisms should be specified.The responsibilities of those who fail to perform compulsory reporting duties should be subdivided,and civil liability should be introduced,while corresponding rewards should be given to all those who actively report.Fourth,strengthen system training and publicity.Agencies for the aid and protection of minors may,in conjunction with social protection organizations for minors,provide systematic training for responsible subjects and publicize the system for social citizens.Fifth,improve the willingness to report.According to the three reasons why the subject of responsibility does not want to report,it should be improved pertinently,strengthen the protection of the subject of compulsory report,and solve the worries of the subject of responsibility.Sixth,private mediation is prohibited.The act of private mediation shall be prohibited by explicit order,and the subject responsible for facilitating private mediation shall be investigated for responsibility in different levels.