Let compulsory reporting take root

2022-06-23 0 By

In May 2020, the Supreme People’s Procuratorate and other nine ministries and commissions jointly issued the Opinions on The Establishment of a Mandatory Reporting System for Cases of Violation of Minors (Trial) (hereinafter referred to as the Opinions), establishing the mandatory reporting system.The revised Juvenile Protection Law has made compulsory reporting a legal requirement.The establishment of compulsory reporting system has played an important role in effectively punishing crimes against minors and strengthened the comprehensive judicial protection of minors on the whole.How to implement the system well, promote the timely detection and disposal of crimes against minors, properly protect minors, is the responsibility and mission of every undetected persons.The author takes the procuratorial organ of Meishan, Sichuan province as an example to discuss some practical practices of the compulsory report system.It is clearly stipulated in the Opinions that the subject of relevant reporting obligation shall immediately report or report to the public security organ if it finds that minors have suffered or are suspected of suffering illegal infringement or are facing the danger of illegal infringement during their work.Meishan city, after the implementation of mandatory reporting system, procuratorial organs joint public security, education, civil affairs, WeiJian departments issued “about building the infringement cases of minors the measures for the implementation of mandatory reporting system, for the infringement case of minors mandatory reporting system of compulsory subject, report situation, report way, disposal, assumed responsibility for security, responsibility and so on the supplementary provisions, the elaborationThe process of receiving reports stipulates the handling measures, and highlights the reporting responsibilities of key reporting agents such as teachers and doctors and the responsible personnel of their units, so as to promote smoother practice and the implementation of the mandatory reporting system as soon as possible.In order to promote relevant departments and personnel to fully grasp and correctly implement the mandatory reporting system, and let the whole society understand and support the implementation of the system, the Procuratorial organ of Meishan city began to carry out the “four steps” publicity campaign of mandatory reporting from the second half of 2020.One is to go to school.Through the activity of “Rule by law into Campus”, the compulsory reporting system was publicized to the teaching staff of primary and secondary schools and kindergartens in the city, and the deputy principal of the procurator participated in the administrative affairs of rule by law in the school, so as to strengthen the consciousness of the responsibility of compulsory reporting of school principals and other administrative personnel.Two is into the hospital.Publicize the contents of the mandatory reporting system to doctors, nurses and medical personnel by distributing brochures and broadcasting videos in hospitals and health centers at all levels of cities, counties and townships.Third, entering a village community.Jointly with civil affairs, women’s federations and other departments to carry out training activities, through the township (sub-district) offices, village (community) committees and other organizations of children supervisors, women directors, grid personnel to receive compulsory reporting knowledge training.Fourth, enter the mechanism.Prosecutors went to various organs and institutions to publicize and emphasize the subject, content, obligation and responsibility of compulsory reports to public officials by teaching legal classes.Third, promote department, expand the mandatory reporting of touch up to face the revised minors protection law, meishan city in sichuan province was the first to set up the first level working committee for the protection of minors, protection to the minors to plan as a whole, coordination, supervision and guidance, establishment of minors protection center at the same time, led the overall work.The procuratorial organs actively cooperate with the civil affairs departments, adopt the “dual director system” operating mode of the director of the department of civil Affairs and the director of the procuratorial organs’ rule of law, and jointly establish mechanisms such as proactive detection of difficulties, compulsory reporting of violations, classified consultation to solve difficulties, and fragmented contact supervision, so as to comprehensively plan the “six major protection” work for minors.On the basis of the implementation of mandatory reporting system, regulations on the disposal of discovery reports are formulated to implement the “double reporting” system.In case of minor injury, it is required to report to the public security organ and report to the uninsured center for the record, and the director of the rule of law will supervise the disposal and filing of the case;For minors encounter difficulties, the requirements of the report to the uninsured center, uninsured director to organize case consultation and coordination to solve.Iv. Integrate multiple resources to achieve full coverage of mandatory reporting. Promote the establishment and improvement of the “uninsured group leader” system, and establish a tripartite linkage mechanism of “grid member — director of children — unexamined prosecutor” to form a full closed loop of mandatory reporting.In June 2021, Meishan city established the “uninsured group leader” system, in which 2,590 full-time grid members of the city concurrently serve as “juvenile protection group leaders”, extending the tentacles of juvenile protection to villages (communities) and forcing reporting work to be included in the grid services of the uninsured group leaders.The uninsured group leader is responsible for regularly visiting left-behind children and children in difficulties in rural areas, understanding the situation and collecting information, and reporting to the children’s director immediately if any minor is found to be injured.The children’s Officer (usually a woman officer) is responsible for timely reporting and reporting the situation to the uninsured centre.The legal director of the Center (procurator without prosecution) supervised the follow-up, filing and litigation process of the case to ensure the timely disposal and accountability of the mandatory reporting case.In addition to the disposal of cases, the procurators without prosecution, together with the director of children and the group leader of the uninsured group, carried out the publicity work of compulsory report, and jointly carried out family education and guidance for the parents of minors in compulsory report cases.Since the implementation of the compulsory reporting system, the procuratorial organs of Meishan city have strictly performed the legal supervision duties of the compulsory reporting system. In addition to strengthening supervision and inspection, they have also carried out the “case reverse investigation system” and strictly investigated the responsibility.One is to check whether the reporting obligation of “close contacts” is fulfilled.In the process of handling each case of a crime against a minor, especially a case of sexual assault against a minor, it is necessary to check whether the person in close contact with the minor has found that the minor has been harmed but failed to fulfill the reporting obligation.Through backward investigation, it was found that in a sexual assault case between students, the teacher mediated the situation after the student told the teacher, and did not report the situation to the school.At this point, the procuratorial organ sent a letter to the department of education and suggested that the teacher be punished accordingly.Second, we will check whether competent authorities have fulfilled their principal responsibilities.In-depth analysis of the causes of juvenile infringement cases, if the relevant competent departments do not pay attention to mandatory reporting, negligent performance of duties, neglect supervision, legal supervision according to law.In handling juvenile was sexually assaulted together pregnancy cases, prosecutors found that minors medical health care of women and children did not report to the public security organ according to the requirements of mandatory reporting system, hence to WeiJian department procuratorial advice, to urge medical institutions in the organization from personnel of course of study mandatory reporting system, and strengthen routine supervision and inspection of jurisdiction of medical institutions.(Author: Meishan People’s Procuratorate, Sichuan Province) Statement: This article is reproduced for the purpose of conveying more information.If the source is wrong or violated your legitimate rights and interests, please contact the author with proof of ownership, we will promptly correct, delete, thank you.Email address: newmedia@xxcb.cn