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

The mandatory reporting system for cases against minors refers to the fact that when the circumstances of cases against minors stipulated by law arise,the subject with the obligation should fulfill the reporting obligation to the receiving department in a timely manner,and if they fail to do so or deliberately fail to do so correctly,they will be subject to the corresponding legal responsibility.In recent years,there have been numerous cases of assaults on minors,including rape and murder,and other egregious cases.Due to the immaturity of the minors themselves and the secrecy of the places where the cases occur,cases against minors are characterized by difficulties in prevention,detection and evidence collection,and there is a certain amount of missed cases.The mandatory reporting system for cases against minors has the advantages of being rigid and preventive,which enables early detection of cases and intervention in cases,and is a response to solve cases against minors.In order to protect minors better,combat crime,and establish and improve the mandatory reporting system for cases against minors,our country has issued a number of national-level legal and regulatory documents.Because of the short period of time for the implementation of the mandatory reporting system for cases of abuse against minors in our country,there are still many problems,respectively: the subject of responsibility and the circumstances that should be reported is not comprehensive,the lack and loopholes in the provisions of legal accountability,the protection of the subject of responsibility is not thorough enough,and the work mechanism is unreasonable.In order to prevent the occurrence of cases against minors and punish crimes against minors by law,our country also needs to continuously improve the mandatory reporting system for cases against minors and establish an efficient,preventive,early detection and early intervention mechanism of protection for minors.The stone from other mountain can be used to attack the jade.In the examination of the mandatory reporting system for cases of abuse against minors in foreign countries and regions,we found that there are differences between foreign countries and regions and China,for example,some states in the United States have adopted the universal obligation model in terms of the subject of responsibility,and the circumstances that should be reported include mental abuse,etc.Combined with the practice of our country,put forward suggestions for improvement: expand the scope of the responsible subject and the circumstances that should be reported to strengthen the protection of minors;refine the legal liability provisions to strengthen the rigidity of cases of infringement against minors;develop a thorough protection of the responsible subject provisions to eliminate the reporting concerns of the responsible subject;refine the working mechanism and clarify the public security organs as the receiving department,etc.