Study On Mandatory Reporting System Of Cases Against Minors

On May 7,2020,the Supreme People’s Procuratorate,together with the National Supervisory Commission,the Ministry of Education and the Ministry of Public Security,issued the Opinions on establishing a Compulsory Reporting System for Cases of Infringement on Minors(Trial)after summarizing its experience in the previous juvenile protection system and the practice of compulsory reporting by local procuratorial organs.The system requires the reporting subject,as stipulated by law,to immediately report to the public security organ if they find minors being harmed or in danger of being harmed during their work.The system carries out the theory of state paternity,carries out the constitutional requirements of substantive equality and reasonable differential treatment,embodies the principle of the most favorable to minors,and has legitimacy.Looking beyond the region,this system is relatively mature in some countries.By investigating the system of common law and civil law countries,it can provide experience for improving our system.It includes individuals as the subject of reporting responsibility,distinguishing the degree of reporting subject responsibility,comprehensively protecting minors,and implementing the responsibility for failing to fulfill reporting obligations.The compulsory reporting system of cases against minors in China is of positive significance.However,by comparing with similar systems outside China,it is found that there are some deficiencies in the compulsory reporting system in China,such as narrow scope of subject,incomplete report content,inappropriate accepting department,unclear legal responsibility and weak protection of subject.The reasons mainly include the influence of traditional ideas,the limitation of understanding of juvenile infringement,the technical defects of legislation and the imbalance between universality and effectiveness of law.In order to improve the mandatory reporting system of cases against minors in China,based on China’s actual situation and drawing lessons from overseas experience,mental violence and online pornography of minors can be included in the mandatory reporting content to improve the applicable conditions of the system.By expanding the reporting subject and classifying the reporting requirements,broadening the compulsory reporting channels,increasing the means of protecting the reporting subject and refining the responsibility of violating the reporting obligation,the institutional reporting provisions can be improved;Through the establishment of specialized agencies to accept reports,the establishment of case investigation and evaluation procedures,the optimization of resettlement methods for the injured minors and the increase of follow-up procedures to smooth the processing process.