The girl was raped and the police did not file a case? "Legislation" to protect minors is imminent.
Cctv network eliminationInterest: Why are the cases of minors being violated increasing year by year? Recently, the Supreme People’s Procuratorate released several sets of data concerning the violation of minors. Taking the crime of child molestation as an example, it has been on the rise in the past five years.
With the approach of June 1st, in the past two days, judicial organs all over the country are doing the same thing: introducing to the public the work they have done in cracking down on crimes against minors in the past year through various means. For example, the Guangdong Provincial Procuratorate has specially published a white paper, while the Hangzhou Procuratorate has reported the current situation and trend of minors’ infringement in recent years through a press conference. The Beijing Higher People’s Court released relevant data specifically for cases of sexual assault on minors.
On the 29th, the Supreme People’s Procuratorate also held a press conference to inform that since 2017, procuratorial organs have punished crimes against minors and strengthened judicial protection of minors.
Groups of data released by the Supreme People’s Procuratorate reflect the grim situation of the protection of minors in China. Take the crime of child molestation as an example. In the past five years, criminal cases have been on the rise. From the point of view of crime types, sexual assault and injury cases account for a relatively large proportion in the cases of public prosecution; Among the crimes committed by adults against minors, rape, child molestation, forced molestation, organizing prostitution and other sexual assault cases are frequent.
In addition to the increasing number of crimes prosecuted, the Supreme People’s Procuratorate also emphasized another reality at the press conference on the 29th, that is, in addition to these data, there are actually a large number of juvenile crimes that have not been discovered.
The press conference of the Supreme People’s Procuratorate informed the public with detailed data that the protection of minors in China is facing great challenges at present.
To put it simply, there are two factors. The first aspect is the form of protection for minors, which is indeed more severe than before, that is, cases of infringement of minors’ rights and interests do occur more than they should have. There are various factors of social change, such as population mobility, which makes left-behind children vulnerable when their parents are not around, including some children who go to the city with their parents, and the children of these migrants are sometimes vulnerable. In addition, the Internet has also brought great influence, that is, the pornography, violence and other factors of the Internet make children hurt more and more easily to some extent. In other words, it is a fact that the situation of protecting minors is more severe. On the other hand, from the perspective of the judiciary, it has also paid more attention to the protection of minors and intensified the crackdown on similar crimes. Therefore, we have seen an increase in such cases.
At the meeting of the Supreme People’s Procuratorate, a problem was raised, that is, when handling cases of crimes against minors, this case is more difficult than other cases, which is difficult to find, verify and accuse. This is an objective reality, that is, the cases of sexual abuse of minors are recognized as the largest category in the world. From the perspective of our country, some cases of sexual abuse of minors, for example, are influenced by traditional concepts, fearing that your reputation will be affected, parents and children will not report the case. In addition, even if you report the case, considering that there is no evidence, for example, the public security organs are not willing to establish a criminal case at the beginning, so it is difficult to file a case.
With the change of the whole society, the cases that may be infringed upon by minors are gradually showing an upward trend.
13-year-old Fenfen was taken to the hotel by 29-year-old Li to have sex. Afterwards, Fenfen reported that she was raped. However, after investigation by the local police, she decided not to file a case.
According to police investigations, Li did not know and both parties were voluntary. However, the decision not to file a case has caused constant doubts from public opinion. Twenty-seven days after the notice of not filing the case was issued, the Anhua County Public Security Bureau of Hunan Province announced that it would cancel the previous decision and said that it would continue to investigate the case.
A case involving minors reflects the differences in understanding between some grass-roots judicial organs in judging the infringement of minors.
In addition to the differences in judicial ideas in practice, there are also differences in system exploration in some places in the face of increasingly severe protection of minors.
On April 27th this year, the Xiaoshan District Procuratorate of Hangzhou, together with Xiaoshan District Public Security Bureau, Dajiangdong Public Security Bureau, Xiaoshan District Health Planning Bureau and Dajiangdong Social Development Bureau, jointly issued the Opinions on Establishing a Compulsory Reporting System for Infringement on Minors, clearly requiring medical institutions to report cases of abnormal injuries and deaths found in the course of medical treatment in a timely manner, which is regarded by public opinion as the first "compulsory reporting system" in China.
In fact, as early as 2014, there were media reports that some places began to explore the establishment of a "mandatory reporting" system for juvenile infringement cases, but by 2018, only Xiaoshan District of Hangzhou became the first place to implement the system.
Last year, the Minhang District Procuratorate of Shanghai took the lead in issuing regulations to restrict those who have committed crimes involving sexual assault, such as rape and indecency, from working in close contact with minors. Their approach is to establish a "database of criminals involved in sexual assault". Subsequently, nine units in Huaiyin District, Huai ‘an City, Jiangsu Province, also issued the System on Prohibition of Employment and Information Disclosure of Juvenile Offenders.
To protect minors, some places have made active explorations in the system, and this exploration has also won the appreciation of public opinion. What we need more is that this positive system promotion can be carried out in more and more places.