A Study On Child Sex Offenders Registration And Public Disclosure Laws

Child molestation is a common crime,causing enormous damage to the victims and their family.Among the responsive policies,publicizing perpetrator’s personal information is one widespread but controversial measure.In order to evaluate the policy itself,as well as to explore the possibility to establish related system in China,this thesis will be structured from the following perspectives:Chapter one introduces the current situation of child molestation in both China and other countries,indicating the extent to which the crime burden has on the society.Also,this chapter explores some characteristics of the crime and keenly points out the randomness of the crime.Therefore,the necessity to establish a disclosure system to notify the public of child molestation perpetrator lies in increasing the pressure from other members in the group and the costs to commit a crime,so much so that the system may prevent the crime to some extent and lead the public through its enforcement.Chapter two traces back to the origin of the disclosure system of child molestation perpetrator and the history of Megan’s Law.The Law is found to be impractical and actually go against its initial legislative goal.Questions raised from the Law will be analyzed in this Chapter.Chapter three discusses three representative countries that have established related registry systems,which are meaningful to China.This Chapter lists the systems’ features and also problems,including the contemporary criminal law’s general focus on victims,governmental power in the registry system,and a probable further influence from the development of Internet technology.Chapter four explores the efforts made by the Chinese government in establishing a registry and disclosure system.Pilot program and problems raised thereby will be particularly discussed,including expectation for more legislation and executive capability,and certain comprehensive actions in preventing and decreasing the crime.Chapter five evaluates the establishment of a registry and disclosure system of child molestation perpetrators in China.This Chapter emphasizes to internalize the principle of best interests of the child into China’s criminal law as an expressed principle.The related governmental departments are encouraged to enhance their capabilities in managing such a disclosure system,and to apply specific reasonable evaluation to the perpetrators.Also,the related data shall be kept and handled properly after the disclosure period expires,in order to respect and secure the perpetrators a reasonable right to be forgotten.