What can we do for the infringed children?

In April of this year, we pushed an article "Forced Report, for our Child", and introduced a system that was just written into the "Protection Law of the Minor" -compulsory reporting system.

This is a good system, which is related to the courage, wisdom and efforts of many people. Today, we share the behind -the -scenes story of this report, and we also want to propose an important fact -there are not enough people who know it.

From this perspective, the mandatory reporting system is worth repeatedly reiterated.

Text ｜ Lin Songguo

Edit ｜ Yao Lu

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Recently, as long as you watch the news, it is difficult to worry about children's situation.

On June 28, the Sichuan Public Security Bureau received an alarm. A parent said that his daughter was sexually assaulted by an 44 -year -old adult. The police only discovered that this person was not a first offender -he had obscene and sexually assaulted five minors with deception, but he was not discovered until the day.

On July 5, a netizen reported that in Linyi, Shandong, some people forced minor girls to pay for it. After the incident, Tancheng Public Security has been criminally detained for five suspects.

Such things are anxious and worried because every day, the world is invasion of minors, especially sexual assault. Because it is too hidden, and the position of the victim and the victim is so inconvenient, it is difficult to find.

In April of this year, we pushed an article "Forced Report, for our Child", and introduced a system that was just written into the "Protection Law of the Minor" -compulsory reporting system. It was born in the procuratorial system. The original intention of formulating this system is to protect more children from infringement and discover more cases. It stipulates that the staff of schools, hospitals, children's welfare institutions, hotels and other institutions find minors to find minors to find minors. If the violation is infringed, the case must be reported to the public security organs. If it does not report and causes serious consequences, it will be punished.

This system was implemented throughout the country in May 2020. By April 2022, for nearly two years, a total of more than 1,600 reports were received across the country.

Last fall, we noticed this system. In the following half of the year, we went to interviews with the Supreme People's Procuratorate of the Supreme Decision Agency. We also went to Shandong and Zhejiang. We wanted to see what the system was at the grassroots level. But no matter where you go, you hear a similar conclusion -prosecutors find that the protection of the reporting system is often not those children who live in a sound family and are loved, but those who lack care, care and companionship Child. This is like a tug of war. Some people want to pull the children back, but there is a group of people aiming at the same group of children and wants to bring them into the abyss.

One of the facts we have to face now is that there are not enough people who know it. At a press conference this year, the Ninth Procuratorate of the Supreme People's Procuratorate (Ninth Procuratorate, the Department of Prosecutor's Department of Special Division) mentioned a set of numbers: in 2021, the national procuratorate was paired against Edemling 60,553 public prosecutions for crimes. On average, the case can be reported for only 1,000 cases. In other words, the compulsory report can be discovered, which may be just the tip of the iceberg in the harsh reality.

From this perspective, the mandatory reporting system is so important and it is worth repeatedly reiterated.

In the interview, we also discovered another thing: the proportion of sexual assault is too high in the infringement of minors. Last winter, when we met with us, the prosecutor of a provincial people's procuratorate pulled out a stack of information from the bag, which was a total of more than 100 cases reported on the provincial compulsory report. She reads one by one: the obscenity of the elementary school teachers to the students, the sexual assault of the stepfather to her daughter, the obscenity of the hospital security to the minor patient, and the sexual assault of the international school teachers ... In addition to sporadic abandonment, trafficking, fighting and fighting, it is There are many cases of sexual assault.

The situation of this province is also a typical picture of minors' infringement. It was also at that press conference. Ninea Yanfang also disclosed a number: in 2021, the national procuratorial organs filed a public prosecution on infringing the crime of minors. The crime filed a public prosecution of 27,851 people. In other words, in almost every two cases of infringing minors, there are sexual assaults together.

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In this context, we may be able to discuss some of my country's explorations in the field of minor protection from the mandatory report.

I first noticed that the compulsory report system was in September 2021. At that time, I read a short message from the China Youth Daily. This report mentioned that It was punished because when they found that a student was violent, he remained silent, causing the students to be violently killed by their father and grandmother's family. Speaking is their responsibility and obligation -at that time the mandatory reporting system had been introduced and asked them to do so.

After reading this article, I immediately sent it to the editor. It reminds me of a topic I wanted to do several years ago.

That was in 2016, a revolutionary system appeared in Cixi, Zhejiang -led by Cixi Procuratorate, and the local public prosecution law jointly issued the "Measures for the Public Implementation of Information Disclosure of Minor Criminals". During the release of or released the criminals of the minors, Cixi will publicize their information on the public prosecutor's website, WeChat public account, Weibo and other channels to publicize their information to facilitate public inquiries and prevent more minors from being harmed. Soon after, Cixi really announced a sexual assault information. The criminal was called Mao Wangen, born in 1958. He has multiple sexual assault records: the earliest dates back to 1975, and he was sentenced for crime for criminal crimes; in 1992, he was sentenced to 12 years in prison for adultery women; in 2009, he was sentenced to 6 years in prison for obscenity for children; By 2016, he was sentenced to two years in prison for obscenity.

Such a person who has been sexually assaulting crimes in his life has too much social harm and possibility of re -committing. The official website of Cixi Procuratorate and the court announced his photos, household registration addresses, and charges and sentences.

The prosecutor of Cixi said that when they formulated this policy, they referred to the "Meghan Act" in the United States -1994, 7 -year -old girl in New Jersey in the United States, Meghan Kangka, was raped and killed by her neighbors, but before the incident, the community, the community No one knew that this person was sentenced to sexual assault for children. This case was too painful, allowing New Jersey to set up the "Meghan Act" 89 days later, stipulating that sexual assaults were assaulted to register their homes to the police and inform the community residents at the same time.

But at that time, I was curious about how Cixi's policy was introduced and how did it consider the degree of information disclosure. Is such a policy suitable for China's soil? We are ready to truly avoid sexual assault. And after sexual assaults are released from prison, how this publicity will affect his life.

After a while, I think that the policy has been fermented for a while, and some stories or problems may grow. It is time to report it. But when I planned to go to Cixi interview, I found that the system had been suspended. Mao Wan was the only example -according to some reports at the time, the reason for the suspension of sexual assault was "dispute between privacy". Edem the privacy of sexual assaulters.

Sometimes the introduction of a system must wait until a society is truly prepared. Now on the official website of the Procuratorate and Court of Cixi City, the column of "information disclosure of sexual infringement of criminals of minors" still exists, but the content is already blank.

Therefore, this topic can only be temporarily put on hold, but in the next few years, it still stays on my unfinished topic selection list, and I still think of it often. I have been paying attention. What are the judicial system? Sample policies and changes.

In the past few years, many new systems have indeed appeared. One of the more suitable systems is the "entry inquiry system" -the all units engaged in close contact with the minor industry, especially schools. When recruiting staff, the procuratorial organs shall be submitted to the procuratorial organs. If there are illegal criminal records such as sexual assault, abuse, traffic, and violence damage, they will not be hired. This system has been implemented throughout the country for several years.

Compared with the sexual assault publicity system, the inquiry system is not so shocking, but it plays a role in the bottom of the pocket. It is a real line of defense. When I see these news, I realize that the procuratorial system has been exploring. What kind of method is better and more effective. This is of course very worthy of reporting, but I need a incision, a story, and a better picture of this big picture.

This is three or four years. Until 2021, I see the story of the "compulsory reporting system". At that time, my first reaction was that I could finally write it.

The compulsory reporting system is a very good entry point -this is a national system, which means that from the publicity of the sexual assault of the water test water in Cixi. A few years have passed, and the exploration of the procuratorial system has reached a relatively mature stage. The story is also rich enough. Paying attention to this system is actually paying attention to how a country explores children who protect themselves. For compulsory reports, it is closer to all citizens than to start inquiries. Responsibility and obligations; in addition, those who have not complied with the compulsory reporting system have indeed been punished, which also means that this system is not empty talk and already has vitality.

These contents are meaningful and sufficient, which can constitute a report. So I contacted the Supreme People's Procuratorate in October last year. In December, Li Feng, deputy director of the ninth hall of the Supreme People's Procuratorate, interviewed Li Feng. In the next two months, interviews in Zhejiang and Shandong were completed. In March of this year, the manuscript was completed.

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In a few months of interviews, I saw many prosecutors, and many details could not be presented one by one. But one of the deep feelings is that in the procuratorial system, or in all similar systems, there are many people who exist. They are capable and willing to do things, but their personal strength is limited. To achieve institutional innovation, perhaps the system's "forward step" is more needed.

For example, in Xiaoshan, Hangzhou, I met Zhang Gong, the prosecutor of the first draft of the drafting of the mandatory reporting system. He is a very righteous person who talks about the sense of achievement of sexual assault cases -this case, the strength of the two sides is very different, and the suspects basically do not admit it; second, the place of the crime is hidden; Difficult to fix evidence of DNA as soon as possible. Almost every year, he encountered two or three cases. The public security department did file a case, but because of the weak evidence, it was between the arrests and no caught, between prosecution and not prosecution. He will not let go of this case. "As long as I confirm that this is done, I want to exhaust everything and let the public security department make up for this evidence. The effort made the suspects repeat it. "He introduced two cases to us, together with the male elders in the family insulted the little girl. He exhausted his way to obtain evidence, found the community monitoring, checked the purchase records of the pharmacy, and said that when these, his logic was meticulous and the speed was extremely fast.

However, he also mentioned that some well -known cases in recent years, at that time, felt too lightly judged whether the public or the procuratorial system. Such cases have such results, which are more systemic.

For another example, with the compulsory reporting system, it is largely mobilized by whether the doctors and teachers are really mobilized. The same is true at the level of departmental cooperation. The procuratorate wants to do this, and it must rely on the cooperation of the Health and Health Commission, the Hospital Management Bureau and the Education Bureau. Whether tacit understanding will also affect the final result.

Speaking of the publicity of sexual assault of the year, after testing the water in Cixi, Zhejiang, Jiangsu Huaiyin also tried briefly for a while.

A prosecutor of the Huaiyin District Procuratorate had been interviewed by the "Southern Weekend". At that time, he talked that Huaiyin District wanted to be sexually assaulted because of the local severe reality -2014 and 2015. The submitted report of the superiors reflects the growth trend of sexual assaults between left -behind children in rural areas, and the situation of sexual assault between the elderly in the rural empty nest is relatively serious. Soon, in 2017, there were nine sexual assaults in Huaiyin District. The criminals were in their sixties, and several of them were repeated crimes. One of them was a neighbor raped girls, worried about being exposed, and finally killed it. The means were extremely cruel. There are also the school's security guards repeatedly raped girls, causing their pregnancy to have children.

At that time, Huaiyin District wanted to publish the information of the four criminals. They were all guilty. Some people were sexual assault minors for the third time. The prosecutor in Huaiyin District said, "If the information of this person is disclosed to the society, everyone will prevent him, and the subsequent cases will not happen again." It is also a prevention of crime.

But later, the Jiangsu Procuratorate saw the dispute over privacy and felt that public work should be more cautious. The information of the four -person in the preparation of Huaiyin District was temporarily slow, and of course, there was no disclosure in the end.

These examples can prove that in China, it is often slow and prudent to do some explorations in this field. However, it can be discussed that the interests of the public interest, especially children, and the equilibrium between the privacy of criminals. This problem is not only we need to face it. This is a worldwide issue. Different countries in the world make different choices in front of this balance. The stone of his mountain may provide us with some ideas.

On the whole, the registration system for sex criminals has been established in the United States, Britain, Canada, Australia, Ireland, South Korea and other countries.

Specifically, an example that everyone is familiar with is the prototype of the South Korean "Su Yuan" case, and the sexual assaults Zhao Dushun was released from prison in December 2020. The South Korean court ruled that he was banned from going out at night (9 pm to 6 pm) within 7 years, and prohibited from entering and out of kindergarten, primary school, junior high school, and playground, and prohibited the victims within 200 meters. Before he was released from prison, the South Korean police set up a monitoring and prevention post within 1 kilometer of his residence. The Ministry of Justice of South Korea also has a specialized staff who visit Zhao Dushun more than 3 times a day. On average, the South Korean government will supervise him 120 times, including 20 face -to -face guidance and 100 action observations.

The movie "Su Yuan" prototype Zhao Doushun was released from prison

In the United States, the law enforcement standards of various states are also different. In Florida, criminals who are under 12 years of age must be imprisoned for a minimum of 25 years. After being released from prison, they must also wear electronic feet for life, and they must not be close to any place for children's activities. And some human rights organizations will respect the approach of Nisota -they classify sexual assaults, and the crimes are relatively mild. Community, schools, childcare institutions and medical institutions.

In the United Kingdom, which is more concerned about privacy, it adopts a conservative disclosure method -sex criminals must register their own personal information to the government regularly, including work location, family address, and so on. However, the British sexual assault register is not disclosed, and the public can only see the number of regional sexual assaults. In some areas, parents can confirm their background confirmation of those who may approach their children without monitoring. This is similar to the logic of our inquiry system.

The seemingly more radical chemical castration has actually been entered into France in many countries. Just in the beginning of this month, the Thai House of House of Lord approved the "Prevention and Violence Crime Law", allowing sexual criminals to voluntarily choose chemical castration in exchange for sentences. In Europe and the United States, chemical castration has a history of more than ten years. It has gradually been accepted by the society as a compulsory judgment or a way to reduce the sentence. Whether it is necessary to take more intense means to treat sexual assault criminals is important, and it is important to discuss repeatedly. There may be several reasons -sexual assault crimes, and minors who have the least ability to infringe on are the least tolerance. Crimes; and sexual crimes are extremely addictive. Statistics from the US Department of Justice show that the chance of sexual assaults after three years of being released from prison is 4 times that of other types of crimes. What does it.

Wang Lin, a professor of law at Hainan University, has published an article in the "Procuratorate" after testing the "sexual assault publicity" system in Cixi. Essence "At that time, I conducted a small survey of 37 students in the class. My first question was: Personal information of the person who had sexual assault before, did you agree, oppose or does it matter? Agree with the public, it is believed that this will not be conducive to the return of the criminal. When I ask the second question, can you accept that a person who has sexual assault to move to your house without reporting does not report, and the relevant local authorities are not actively disclosed? As a result, all girls said they could not accept, and only two of the boys said it didn't matter. "

How to find some solutions between this difficult balance and make our children better protect, this effort will never end.

But it cannot be denied that paying attention to public policies is always important. Through a report from a article, we will know how a policy is born; no matter how deeper, we will see the government’s decision -making process, which prompts it to make this decision. What is the role, what obstacles will be encountered during the implementation process, what are the accidents, and how the demise of a policy happens.

We understand this process and actually understand the countless things that are happening at the moment, and they operate with the same logic. Through this process, we will become clearer, what should we look like in the future.

Picture source movie "Furnace"

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