| In recent years,the number of cases of sexual assault on minors in China’s judicial practice has been increasing,which has laid a huge hidden danger to the healthy growth of minors and social security.In order to prevent the occurrence of such cases,The Procuratorate of Cixi City,Zhejiang Province,led the local justice bureau and other state organs to publish the relevant information of those who commit sexual assault on minors for the first time,in order to remind the public and achieve the purpose of preventing sexual assault crimes.Although the legitimacy and scientificity of the system have been questioned,it still has wide support from the public.In view of the contradiction between the high incidence of cases of sexual assault on minors in China and the lack of preventive measures,innovative prevention measures should be taken to explore the establishment of information disclosure system of sexual assault on minors,so as to better prevent crimes against minors.On the premise of defining the connotation of the system,this paper makes a comparative analysis of other measures related to the protection of minors such as compulsory reporting system,employment prohibition system and criminal record sealing system,and introduces the existing local legislation in Cixi City,Zhejiang Province,Huaiyin District,Huaian City and Minhang District,Shanghai.To clarify the current practice of information disclosure system of sexual assault on minors in China.Based on the fact that the number of crimes of sexual assault on minors is increasing in China,the existing measures to prevent crimes against minors are insufficient,and the balance and choice of different rights and interests under the principle of children’s best interests,this paper puts forward the necessity of constructing this system in China.Through the most conducive to minors’ principle,the principle of social public security two aspects to demonstrate the legal basis for the information disclosure system,and analyzes the system faces assault crime personnel’s right to privacy,in violation of the principle of "the punishment no longer",go against criminals return to society,the actual prevention effect may not be obvious and controversy.At the same time,the significance of reference to the selection of some countries outside of the system and measures,such as the implementation of the system of registration and announcement sex crimes,South Korea adopted the system of registration and make prevention sex crimes and British sexual crime information limited public system,analyzed the merit and the insufficiency,complement each other,to build system of our country with international vision.Finally to the two principles as the legal basis,put forward from the establishment of the national unified system standard,adopt the limited public application query mode,implement the accurate evaluation of hierarchical management thought,due process and to give relief way,cohesion of the protection of minors related system,and so on several aspects to the path of system construction.We should establish an information disclosure system for those who commit sexual assault on minors in line with their actual conditions,prevent sexual assault crimes,safeguard the healthy growth of minors,and safeguard social equity and justice. |
