Research On The Mandatory Reporting System For Infringement Of Minors In China

The infringement cases of minors have always been the focus of social attention.Whether in domestic violence cases,sexual assault cases,or other cases of bullying in schools,they have caused significant harm to the physical and mental health of minors.Due to the expression ability of minors and cognitive ability is insufficient,this type of case has always had a large number of hidden crimes,and has the characteristics of difficulty in finding,obtaining evidence,investigating,and detecting.To solve this dilemma,the mandatory reporting system came into being.Compulsory reporting for minors requires that,once a specific group finds a case of infringement on a minor,it should promptly report to the relevant department,otherwise it will be held accountable.The compulsory reporting system,as an active intervention measure,is of great significance for the early detection and intervention of minor violation cases,the protection of the right to survival and development of minors.This article is divided into four parts,which systematically expounds the compulsory reporting system for minors in China.The first part is an overview of the mandatory reporting system for minors,which mainly includes the analysis of the concept and constituent elements of the mandatory reporting system,the necessity of improving a mandatory reporting system,and the theoretical basis of the mandatory reporting system.The term "mandatory" in compulsory reporting is a rigid concept,which is compulsory and necessary.That is,when a certain obligation group finds a suspected minor injury or death,it has the obligation to report and must report to the relevant authority,otherwise it needs to bear certain adverse legal consequences.The constituent elements of the compulsory reporting system mainly include the report's responsibility and obligation subject,the scope and content of the report,the report's method and time limit,the report's responsibility and reward regulations,the receiving department and the division of functions,and how to protect the report subject.The compulsory reporting system is an embodiment of the theory of parental rights,the principle of maximizing the interests of children,and the modern view of children.As an important system to protect minors,improving the prevention and control system for minors' violations,and protecting the basic rights of minors are of great significance.The second part analyzes the present situation and development dilemma of the mandatory reporting system for minors in China.At present,China's compulsory reporting system is not perfect.The relevant provisions on the compulsory protection system are only scattered in the Anti-Domestic Violence Law,the Supreme People's Court,the Supreme People's Procuratorate,the Ministry of Public Security and the Ministry of Justice.Opinions on Several Issues of Behavior,Opinions on Handling Cases of Domestic Violence Crimes According to Law,Opinions on Punishing Sexual Offences against Juveniles According to Law,and other normative documents,and they are too principled,detailed measures are not perfect and poor operability.In addition,due to the influence of traditional culture and concepts,Chinese citizens have a weak reporting consciousness,a low enthusiasm for reporting,and there are many problems such as insufficient capital investment and inadequate supporting measures.Improving China's compulsory reporting system is urgent.The third part is the research and analysis of the content of the compulsory reporting system for minors in foreign countries and Taiwan,so as to provide a certain experience for the development of the compulsory reporting system in China.In the United States,Australia and Taiwan,they have established a relatively complete compulsory reporting system.Detailed legislative provisions have been made for the subject of mandatory reporting,the scope and content of the report,and theresponsibility for not reporting.In terms of follow-up relief and protection,the United States adopts a differential response model,focusing on the follow-up placement and care of victims,while China's Taiwan mainly plays the role of social workers to carry out follow-up and counseling work.In addition,foreign countries and Taiwan of our country also attach great importance to the cultivation of citizens' awareness of social responsibility for protecting minors.Through studying the content of its mandatory reporting system,China should speed up the pace of improving the mandatory reporting system based on its own national conditions.The fourth part is the design and conception of the improvement of China's compulsory reporting system for minors based on the previous research.First,the citizens' awareness of reporting should be enhanced through training and publicity work and the introduction of guidance documents;second,the relevant provisions of the mandatory reporting system should be further refined,and industry workers who have close contact with minors should be identified as the subject of reporting obligations,and expand the scope of application of mandatory reporting to all cases of abnormal injury and death of minors.It is clear that the sanctions for not reporting the responsibility include administrative and civil liabilities,and included in the personal credit reporting system.In addition,our country should establish a top-down comprehensive protection agency for minors,promptly and effectively intervene in cases of infringement of minors,and undertake multiple functions such as resettlement,coordination,supervision,and follow-up,and should continuously improve supporting measures and follow-up resettlement,to build a complete,cohesive,and Chinese characteristics of mandatory reporting system.