The Researches On Information Disclosure System Of Offenders Who Sexual Assault On Minors

Due to sexual abuse on minors crime cases with high ratings,acquaintances than major and repeatedly a high proportion of crime,after suffering sexual assault crime minors on the psychological and physiological cause great harm,but have not been established a legal system to protect minors from sexual abuse in China system,sexual abuse on minors crime preventive against information disclosure system,as an advance of criminal action was recognized by the public.Under the circumstance that the society pays more and more attention to the protection of minors and the exposure of sexual assault crimes against minors gradually increases,many places have issued regulations on information disclosure of sexual assault criminals against minors.However,from the existing local practice,there are the following problems:(1)The basis of the superior law is insufficient,and the relevant laws such as the Criminal Law,the Law on the Protection of Minors,and the Law on the Prevention of Juvenile Delinquency have not addressed the disclosure of criminal information is a relevant requirement.Only the Supreme People’s Court,the Supreme People’s Procuratorate,the Ministry of Public Security,the Ministry of National Security,andthe Ministry of Justice jointly issued the "Opinions on Establishing a Criminal Record System for Criminals",which was issued in principle.The information disclosure system for sexually assaulting juvenile offenders still conflicts with the "Opinions" jointly issued by the five departments in terms of the types of information disclosure and the methods of information disclosure;(2)The People’s Procuratorate,as the leading agency for implementing this measure,The traditional legal supervision functions are obviously different,and the role of the procuratorial organs needs to be repositioned;(3)The information of criminals who commit sexual assaults against minors is made public,which is not conducive to the return of criminals to society and the criminals.There are certain restrictions on the basic rights of China.Whether such restrictions are reasonable needs to be demonstrated.In order to make the information disclosure system of sexual offenders against minors truly take root,it is necessary to analyze the constitutionality and legality of the existing system.Use legitimate purpose in the constitutional proportionality principle,the principle of appropriateness,necessity principle and balance principle of sexual assault analyze the disclosure of information on sexual offenders against criminal offenders.Disclosure of sexual assault crime personnel basic information for preventive against crime,the maximum principle plays an important role in the implementation of children’s interests,but the requirement system is on crime personnel individual rights violations must conform to the principle of necessity,need for different judging which one of the basic rights of social main body has more priority.As for the power basis of the information disclosure system of the procurators who undertake the crime of sexual assault on minors,the procurators have the administrative power orientation and the social management function of crime prevention in the aspect of the work of the procurators in accordance with the provisions of the procurators’ procuratorial work on minors and the law on the protection of minors.In practice,the information disclosure system for sexual offenders who commitcrimes against minors can be implemented,and the protection of the rights of minors and the protection of offenders’ rights in sexual offenses requires a reasonable distribution of legal rights and standardization of their use.The purpose of formulating and implementing laws also promotes the maximum preservation and proliferation of legal rights.This article proposes that by establishing and improving the information registration system for sexual offenders,the judicial organs shall be responsible for the registration of criminal information,make full use of information technology,and establish a nationwide unified,multi-layered database.Criminal persons who commit serious crimes against minors use the disclosure system to make special notices or announcements on their personal information,and strictly limit the scope,content,time limit,and channels of information disclosure.In addition,the establishment of related supporting measures such as the prohibition of employment and the notification and inquiry mechanisms of relevant units and departments to ensure the effective implementation of the system.