Domestic Violence Against Minors Cases Research On Mandatory Reporting System

In recent years,there have been more and more reports on cases of infringement of minors’ rights and interests,such as the case of an 11-year-old girl abused by her stepmother and the case of a girl who died of starvation in Nanjing,which have attracted a lot of attention from the public and the media.However,it is not effective to protect the legal rights and interests of minors from being infringed or eliminated by simply using the public moral force and the power of social opinion in the media.The Law of the People’s Republic of China on the Protection of Minors(hereinafter referred to as the Law on the Protection of Minors)came into force on June 1,2021,and the amendment of the Law on the Protection of Minors has a crucial role in the protection of minors’ rights and interests.The amendment of the Law on the Protection of Minors has a crucial role in the protection of the rights and interests of minors.Article 11 of the Law on the Protection of Minors clearly stipulates the eligible subjects of the mandatory reporting system for minors,such as state organs,units in close contact with minors(schools,medical institutions)and relevant staff of the units,who,in their daily work,are certain or suspected of finding that a minor’s physical health has been infringed upon or is facing other situations with imminent danger,shall immediately report to the judicial department,administrative department or Education department.The Law Against Domestic Violence,the Law on the Protection of Minors,and other laws clearly provide for specific measures of the mandatory reporting system for minors,which to a certain extent prevent the difficulties in discovery,evidence collection,and supervision faced by the mandatory reporting system for minors who have been infringed upon,and the Supreme People’s Procuratorate,the Ministry of Education,and others have issued Opinions on the Establishment of a Mandatory Reporting System for Cases of Aggression against Minors(for Trial Implementation)(hereinafter referred to as the "Opinions"),which regulate the mandatory reporting system for minors,has attracted widespread attention in the theoretical and practical circles.However,there are still many problems with the compulsory reporting system in China,and there is a need to refine the compulsory reporting system in terms of strengthening the reporting awareness of the reporting subject and clarifying the acceptance department,so as to effectively safeguard the principle of maximizing the interests of children,taking into account the experiences of overseas countries.This paper focuses on the theoretical basis of the mandatory reporting system for minors and overseas experience,and analyzes the current legislative and judicial status of the mandatory reporting system for minors in China to find out the shortcomings of the mandatory reporting system for minors in legislation and justice,and through the study of the implementation of the mandatory reporting system for minors in overseas countries and Chinese Taiwan,we can draw inspiration and experience from overseas countries(regions) on the implementation of the system in China.The study also summarizes the difficulties encountered in the practice of the system in China,analyzes the specific difficulties faced and proposes corresponding improvement measures,from six aspects,including expanding the scope of the subject of mandatory reporting obligation for minors,improving the specific content and reporting methods of the mandatory reporting system for minors,clarifying the path of follow-up relief and protection,and establishing a grading and evaluation system for reporting to intervene and dispose.In the end,we attempt to build a complete system of mandatory reporting with Chinese characteristics.