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Research On Information Disclosure System Of Criminals Committing A Crime Of Sexual Infringement Upon Juvenile

Posted on:2021-01-05Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhaoFull Text:PDF
GTID:2416330614454221Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
At present,the crimes of sexual assault against minors in China are frequent,and the vicious consequences caused by it hit the moral bottom line of the people.The state also has a high-pressure attack on such crimes.Our country can implement the system of criminals committing a crime of sexual infringement upon juvenile to increase the public awareness,increase group pressure,increase crime costs,promote the realization of crime prevention objectives,and promote the development process of China's juvenile justice system.At present,there is no national legislation on the information disclosure system for sexual assault minors in China,and only some pilots have released relevant methods to try them out.Among them,Cixi's "Measures" is the most complete.Each pilot has different emphasis in designing the content of the system,but all aim to prevent crime,maintain social order,and protect the legitimate rights and interests of minors.The pilots constantly listen to the opinions of all parties to improve the relevant regulations,but in the practice of actual application,each pilot was very cautious when it was actually applied to avoid the adverse effects of system risks.In essence,the so-called information disclosure could be divided into two parts,active disclosure,and passive disclosure.The active disclosure refers to the judiciary authority releases information about the offender to the public and the passive disclosure refers to the limited notification by the judiciary to part of the relevant information of the offender to some qualified subjects.Due to the lack of national legislation,there are regional restrictions,many pilots have methods limitations on information registration,information query,information announcement.Because of the design limitations of the relevant procedures and incomplete supporting measures,the whole system is faced with the dispute on the principle of one-for-one punishment,disguised humiliation,and criticism of the violation of criminal's right to be forgotten.The existence and continuous development of a system are bound to be questioned and limited,but it cannot be denied the unique value of the system itself,which meets the requirements of social defense,crime prevention and returns to the connotation of shame theory and the basic concepts of restorative justice.In order to overcome the limitations of China's sexual assault juvenile offender information disclosure system,we should obey the following rules.First,establish a national information registration system to achieve interconnection and overcome regional limitations.Second,establish a national information query system to limit entry qualifications and prevent sources of danger.Third,implement limited announcements to refine system regulations and reduce system risks.Fourth,formulate reasonable registration,inquiry,and announcement procedures to ensure the justice of procedures.It is also necessary to establish and improve relevant supporting systems,including the establishment of a re-offending risk assessment mechanism,scientific rating,and graded management to reduce the possibility of re-offending.Then,improve the rights of remedy mechanism of the information disclosed to protect the basic rights of the information disclosed.What's more,improve the victim's rights remedy mechanism,so that the victims get compensation and relief and get out of the psychological shadow at an early date,and overcome the difficulties.
Keywords/Search Tags:Sex offenders against minors, Crime prevention, Registration inquiry, Limited disclosure system
PDF Full Text Request
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