The Supreme Law proposes to improve the information disclosure system of sexual assault on children!Experts call for clear at the legislative level

According to CCTV News, on September 14, the Supreme People's Court held a working meeting of the Seventh Youth Court of the National Court of the National Court to propose to improve the information disclosure system of sexual assault on children and the special evidence standards for sexual assault for children, which aroused public opinion.

This is not the first time that "sexual inflection of children's criminal information disclosure system" has entered the public vision for the first time. Public information shows that since 2016, Cixi and Jiangsu Huaiyin in Zhejiang have carried out local autonomous pilots for public sexual assault of minor criminal information; the Supreme Law proposed "to improve the information disclosure of children's criminal information disclosure. "System", or transmits a signal that will promote the nationwide traffic mechanism.

Lu Xiaoquan, executive director of the Beijing Qianqian Law Firm, who has been paying attention to the protection of women and children for a long time, said that the disclosure of the information disclosure of sexual assaults on sexual assault can be warned by the disclosure of sexual assault on children. Important part of the anti -sexual assault mechanism.

Whether this system violates the privacy of the criminals, will it affect the return of the criminals to the society and enter the discussion of public opinion. In this regard, the long -term observer and researchers in the field of children's rights and interests of the rights and interests of children told Red Star Journalists that according to the law, protecting minors should adhere to the principle of "the most conducive to minors". When the criminals conflict in law and interests, priority should be given to the protection of minors.

Relevant experts also pointed out that the information of children's criminals has not yet been clarified at the legal level. "Need to be clarified in legislation, so that the functional departments have legal guarantee when working."

In many places, the pilot of information disclosure of sexual assault minors criminal information

Red Star reporters have sorted out and found that in recent years, in recent years, the information disclosure system of sexual assaulting children's criminal information has been carried out in many places. The earliest related exploration was the "Implementation Measures for the disclosure of information disclosure of sexual assault" in Cixi City, Zhejiang Province in June 2016.

The above documents stipulate that criminals who have severely sexually assaulted minors who meet the conditions that meet the conditions, after the release of its sentence or during the hypothesis and probation, the portal, WeChat public account, Weibo and other channels of each unit are issued. Its personal information is disclosed; public information includes photos, height, crime, sentence sentence, current residence address, work unit, information disclosure period, etc.

In July 2017, Cixi City again issued a modified and refined "Measures for the Public Implementation of the Information Disclosure of Minor Criminals (Trial)" and stipulated that the criminals who were disclosed in the information disclosure of this method shared Education, training, property, medical care industries such as minors.

After the first exploration of Cixi, in December 2017, the Huaiyin District Court of Huai'an City, Jiangsu, concentratedly pronounced four cases of rape and obscene minor cases, and disclosed personal information of the criminals involved in the case.

According to the relevant documents issued by the multi -departments of Huaiyin, the serious criminal criminals that meet the qualified sexual assaulting minors will be publicly named, ID number, photos, age, gender, and cases within one month since the criminal judgment.

In July 2017, the People's Procuratorate of the Minhang District of Shanghai has formulated the employment methods to restrict sexual assault illegal criminals, and established the "information database of sexual assault illegal criminals"; since then, including Guangdong, Shenzhen, Jiangsu, Jiangsu, Jiangsu In many places, Guizhou and other places have been explored to establish sexual assault information libraries.

In February 2019, the Supreme People's Procuratorate's "2018-2022 Procuratorate Planning" issued by the Supreme People's Procuratorate included the establishment of a sound information library and inquiry system for the establishment of a sound sexual assault of minors.

On August 20, 2020, the Supreme People's Procuratorate, the Ministry of Education, and the Ministry of Public Security jointly issued the "Opinions on Establishing the Establishment of Faculty and Workers' Entry Inquiry of Sexual Assault Criminal Information System", which clearly required the education administrative departments of various places You can inquire about sexual assault illegal crimes.

↑ Sun Xuemei, the sponsor of the "Girl Protection" public welfare project and deputy editor -in -chief of Phoenix.com. Picture according to "Girl Protection"

This time, the Supreme Law proposed to improve the information disclosure system of sexual assault on children. Sun Xuemei, the initiator of the "Girl Protection" public welfare project and deputy editor -in -chief of Phoenix.com, told Red Star Journalist: "This conveys the relevant departments to severely fight sexual assault on sexual assault children. Crime, pay more attention to children's attitude and determination. "

Expert: Information disclosure can warn potential crimes

Effectively prevent sexual assault of children

"Since 2016, many places have carried out a pilot of the information disclosure system of child criminals in many places, but it has not been implemented nationwide." Sun Xuemei believes that the Supreme Law shows that the "improvement" system is based on the establishment of the system. On the basis of pilot experience from various places, this system is promoted from a higher level.

↑ The "Girl Protection" report on the previous year shows that from 2013 to 2021, there were 2952 sexual assault children's cases exposed across the country. Picture according to "Girl Protection"

In March 2022, Sun Xuemei's "Girl Protection" public welfare project released the 2021 sexual assault of children's case statistics and a report on child sexual assault education survey. According to the report, 223 cases of sexual assault were exposed in 2021, and more than 569 victims were exposed.

This is the "Girl Protection" for the 9th consecutive year to release relevant investigation reports. According to the incomplete statistics of the relevant reports, from 2013 to 2021, there were 2,952 sexual assault children's cases exposed across the country. ↑ Lu Xiaoban, Executive Director of Beijing Qianqian Law Firm. Interviewee confidence

"This is just the number of cases exposed." Lu Xiaoquan provided another set of data to Red Star Journalists: the data announced by the Supreme Law showed that from the four years from 2013 to 2016, the number of obscene children's cases concluded by the national courts started from 10,782, The average daily conclusion of more than 7 cases, "Due to the subjective and objective reasons, there is no more percentage of cases, and it has not yet entered the judicial procedure."

In June 2017, the relevant person in charge of the Supreme Penalty Court of Penalties also introduced that when sexual assault crimes were sexually assaulted, the crime of sexual assault minors mainly presented three characteristics: first, the proportion of acquaintances was relatively high; The proportion of crimes before the sex crime is relatively high; the third is that the crime is not discovered in time, and the victims are often infringed more and long.

In an interview with Red Star Journalists, many experts said that the information of sexual assault on children's criminals is an effective measure to prevent sexual assault of children.

"Personal information about sexual assault on childhood criminals can put criminals under regulatory supervision, which can increase the cost of criminal crimes again, thereby reducing the possibility of re -crime and better protection of children's rights and interests." Sun Xuemei said.

Sun Xuemei also mentioned that information disclosure as a non -punishment and punishment means. "If the victim gets a comprehensive punishment, including information, including information, it is also conducive to the psychological rehabilitation of the victims for the victims of the case of sexual assault."

Lawyer Lu Xiaosheng also said that the disclosure of the information of sexual assault criminals can warn potential sexual assault children's crimes and effectively prevent such crimes. It is an important part of the child's anti -sexual assault mechanism.

Focus:

Is the information disclosure infringing the privacy of sexual assault on children?

In fact, the information of public sexual assault of criminals of minors has made more people come into contact with their personal information, whether the privacy of the offender is infringed, and whether the criminal will return to the society after the release of the criminal. Essence

In this regard, Huang Qi, a member of the National Committee of the Chinese People's Political Consultative Conference, an associate professor at the School of Law of Shanghai University of Foreign Languages, and part -time vice chairman of the Shanghai Women's Federation. In an interview with Red Star Journalists, the information disclosure of sexual assault of child criminals cannot be understood as the personal privacy protection of ordinary people. question.

↑ Huang Qi, a member of the National Committee of the Chinese People's Political Consultative Conference, an associate professor at the School of Law of Shanghai University of Foreign Languages, and part -time vice chairman of the Shanghai Women's Federation

Huang Qi further stated that from the perspective of personal privacy, many information cannot be made public; however, sexual assaults with criminals of children to commit violations and criminal acts are first. You need to make information disclosure to provide you with the channels for information query, and do not talk about violations of the infringement of the Civil Code.

Lu Xiaoban made it clear that the so -called "infringing personal privacy of criminals" is a pseudo -proposition. He introduced that Article 4 of the Law of the Protection of the Minors stipulates that protecting minors should adhere to the principle of the most conducive to minors; It meets the requirements of "special and priority protection for minors".

According to this, Lu Xiaoquan believes that the legal rights and interests of minors should be maximized and prioritized. Other legal benefits should be in the secondary position compared to this; when the protection of the law and benefits of the protection of the criminal First.

Red Star reporter noticed that in January 2018, "Prosecutor's Daily" published a comment "Let the" Information Disclosure "plus the" prohibition of the job "out of the controversy" states that any law formulation and implementation are made by the value of conflict between conflicts. ; Public information can largely realize the right to know the power of potential high -risk personnel and the right to security in the field of minors. "In the extreme areas of minors protection, these legal benefits will be much higher than the privacy of related criminals."

Sun Xuemei also believes that between the rights and interests of the criminals and the protection of the rights and interests of the minors, "the rights and interests of the minors must be priority"; but she also reminds that the information of the criminals should also avoid the parents of the criminals, the parents of the criminals, The legitimate rights and interests of related personnel such as spouses, children, etc. are not violated.

The information disclosure system still lacks the legal basis for superiority

It is urgent to legislate to make clear rules

Sun Xuemei told the Red Star News reporter that at the Supreme Law Related Working Conference on September 14, she proposed a clear statement of "improving the information disclosure system of sexual infringement of child criminals" and released important signals, but no specific institutional arrangements have been proposed.

In Sun Xuemei's view, information disclosure of sexual inflection of children with sexual assault needs to strengthen the scope, duration, content, channels, procedures and other content of information disclosure. She proposed that the seriousness, risk, and recurrence possibilities of the criminal circumstances needed to comprehensively evaluate the criminal circumstances, and then treated at the time of information disclosure, "instead of cutting."

At the National Two Conferences of the country this year, Huang Qi put forward a "Suggestions on Establishing sexual assault illegal crimes sharing inquiry platform as soon as possible". She proposed that on August 20, 2020, the relevant departments jointly issued the "Opinions on Establishing a System of Sexual Assault Crime Crime Crime Crime Crime Criminal Information System", but the national level has not yet established a shared platform for inquiry. Huang Qi introduced to the Red Star journalist that the Supreme Law proposed to improve the information disclosure system of sexual infringement of children with criminals, but it was difficult to establish relevant information platforms by the court system alone. Previously, piloting and one step forward also exposed some problems. "For example, the information library established by the local area is not a nationwide network, but the criminals are flowing nationwide."

Huang Qi said that the establishment of the information platform needs to work together to include the joint efforts of the courts, the procuratorate, and the Public Security Bureau. She said that the pilots in various places are mostly "disclosed according to their duties" and "disclosure according to needs", that is, related industries that are closely in contact with minors can inquire about the information of relevant personnel in accordance with laws and regulations. It is unclear where the "degree" of information disclosure needs to be refined from the institutional level. "

Lu Xiaoquan also believes that the establishment and improvement of this system requires the leadership of the judicial organs. Other functional departments participate in and cooperate together. Each department shall perform their duties, clear power and responsibilities, and ensure that the system is implemented.

Huang Qi also pointed out that the information of children who sexually assaulted child criminals have not yet been clarified at the legal level, and they need to be clarified in legislation, so that the functional departments have legal guarantee when they carry out work.

Lu Xiaoquan expressed the same point: "To build an effective sexual assault information disclosure of children, it is necessary to implement the legal level, and from the previous local pilot to the state of the country to ensure that there is law."

In July 2019, the person in charge of the Supreme Court of Penalties also pointed out that the standards, scope, and procedures of the poor and inferior personnel before the disclosure of sexual assault were not clear, and the disclosure information system was only specially corrected with such personnel. In order to coordinate and coordinate the control measures, in order to better play the proper prevention role, and the relevant upper -level legal basis can be paid. It is urgent to make clear regulations, supplement the shortcomings of social governance, and build a more secure and strong social protection network for children. Essence

Lu Xiaoquan emphasized that the Supreme Law proposed the information disclosure system of sexual assault on children's criminals, reflecting the "protection of the highest limit on the rights of minors'; Spirit.

Red Star News reporter Wang Jianqiang

Edit Yu Dongmei Yang Yan

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