Study On The Limited Disclosure System Of Sexual Assault On Juvenile Delinquent

Sexual abuse of under-age children is currently a serious social and legal problem in China in terms of the frequent occurrence of children sexual assault cases,high proportion of acquaintance offenders and the high recidivism rate.In order to attenuate the threat of sexual assault on juveniles,an effective disclosure system to publish important but limited information of sexual assaulter on minor needs to be established.The existing practice - Cixi pilot presented obvious disadvantages,such as national legislative vacancy,the pilot measures lack of privacy protection,the imperfect supporting system,etc.To avoid the down side of Cixi practice,the following two principles should guide the design of minor sexual offender information limited disclosure system:the principle of maximizing children's interests and the principle of protection on sex offenders' right to privacy.To establish and improve the information limited disclosure system of sexual assaulter of minors in China,three acts are suggested.First of all,establish a national system.Secondly,adhere to the principle of limited disclosure.Thirdly,refine the supporting system of the limited open system.There are two aspects about how to adhere to the principle of limited disclosure.Firstly,the accessibility of the database should be restricted.Only authenticated personnel could reach the information so that the negative consequences caused by malicious dissemination of the information of the minor sexual offenders can be reduced.Secondly,for level-1 sexual offenders,when they return to the society,a notice without personal information of the criminal should be published,which alarms the community and meanwhile protects the criminal' s right.There are three related supporting systems.First,set up a national-connected database that collects and manages information of all sex offenders.Second,implement a risk assessment mechanism to achieve scientific grading and hierarchical management of sexual criminals and therefore reduces the possibility of reoffending.Third,construct rules of prohibition on sexual offenders'employment,which forbids the criminals to enter careers that closely interact with minors,to reduce minor sexual abuse risks.