Research On The Mandatory Reporting System For Infringement Of Minors In China

In recent years,the abuse of minors case reports often shocking,such cases were with high confidentiality,forensics,the characteristics of mandatory reporting system can effectively break the adverse situation,will protect the lawful rights and interests of minors moral obligation to legal obligation level,increasing the social awareness of the protection of minors.In May 2020,the Supreme People’s Procuratorate to summarize our country explore the useful experience of mandatory reporting system,combined the Ministry of Education,Ministry of Public Security and other nine departments issued "about building the infringement cases of minors the opinions of the mandatory reporting system(for trial implementation)"(hereinafter referred to as the "mandatory reporting system opinion"),is to establish the infringement cases of minors mandatory reporting system.The establishment of compulsory reporting system is an important measure to strengthen the protection of minors and an effective means to crack down on criminal activities endangering minors.As a new system,the application rate of mandatory reporting system is not high,and there are some problems to be solved in the process of implementation in various regions.Since the mandatory reporting system opinion,after the enforcement of various areas in our country started to appear because of the mandatory reporting crime violation cases of minors,but overall,because fewer mandatory report crime cases,the system of the applicable rate is low,not only because citizens affected by traditional culture concept,report consciousness,In addition,there is the phenomenon that the reporting unit conducts private mediation on cases against minors without authorization.In addition,by comparing with the mature and complete system of other countries,it can be seen that the specific content of the system in China is not perfect.For example,the report lacks provisions on mental assault and the use of the Internet to infringe upon minors.The subject of the report does not specify network platform service providers and public place managers;There are unreasonable restrictions on the accountability of illegal reporting obligation.At the same time,the system of supporting facilities is not sound.The effective implementation of the compulsory reporting system and the enhancement of judicial protection of minors are closely related to improving the participation of the system,refining the specific provisions of the compulsory reporting system and perfecting relevant supporting measures.Through establishing the correct concept of juvenile protection in the whole society,strengthening publicity,rewarding effective reporting behavior and regular training to enhance the reporting consciousness of the reporting subject.The specific content of the system should be improved,such as bringing mental abuse and new crimes against minors through the Internet into the scope of the report;Include network platform service providers and principals of public places into the main body of the report;The limitation of "serious" consequences should be removed for violation of reporting obligations.In addition,for the violation cases of bad nature,the reporting subject should be severely punished for not reporting or privately mediating,and the criminal responsibility should be investigated for the malfeasance crime.In terms of improving the supporting facilities of the system,the beneficial experience of various places in China is summarized,and the measures for the whole country to imitate and adopt are put forward,such as establishing a national unified network reporting platform as soon as possible,opening a national online reporting channel,and increasing the ways and paths of the report;We will speed up the implementation of the national recruitment inquiry mechanism for faculty and staff,and reduce the possibility that persons with specific criminal records have contact with underage students.