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

In 2020,the Supreme People’s Procuratorate jointly with nine departments launched the mandatory report system on infringement of minors.The system,which is based on the long-term practical experience of our country,implements the theory of state parental power and the principle most favorable to the minors,is constructed under the logical guidance of the public power for the private rights relationship intervention,and is an important means of preventing the crime of infringement of minors.The system clearly stipulates that the subject of reporting obligation should report to the public security organ or other relevant departments as long as it finds that minors have been violated or suspected to have been violated,otherwise it will be investigated for corresponding legal liabilities.The current compulsory reporting system is more comprehensive and perfect in the system setting.It has also become an important part of the characteristic minor protection system,providing its unique role for the minor protection.To be sure,the current mandatory reporting system is a great step forward from previous legal norms.But the actual operation is not satisfactory.The compulsory reporting system is faced with the difficulties of the report subject,the case receiving subject and the responsibility subject.To investigate the reasons,there are the following factors.Firstly,the mandatory reporting system legislators with the theory of national parental power and the principle of most favorable to the minor theory,lack the logic of the balance of public power and private right,and it has a conflict with the traditional parenting idea in our country.Cultural collision will directly affect the actual application of the system.Second,as for the institutional arrangement of the subject of reporting obligations,it can neither enhance the general public’s understanding of the content of the report,nor eliminate the subject of reporting obligations’ wariness.Thirdly,the case disposal mechanism of the compulsory reporting system is not set up perfectly.The current subject of receiving cases is set up in confusion,and the case disposal procedure is also missing.Fourth,the compulsory reporting system has the problem that responsibility investigation is difficult to be implemented.The existing responsibility investigation method has loopholes,which cannot meet the rigid demand of the system.Fifth,the current mandatory reporting system neglects the supporting protection of the subject of reporting obligation and the minor victim in the process of implementation,resulting in the subject of reporting obligation is not strong enough to report,and the minor victim is faced with problems such as secondary injury.In order to solve the implementation predicament of the compulsory reporting system against minors,it is necessary to explore the concrete improvement path under the guidance of the principle of the most favorable to minors and the theory of national parental rights,with the help of the balance between public power and private rights.First of all,it advocates the transformation of traditional cultural concepts in people’s minds,through the propaganda of the core idea of the protection of minors and the popularization of new educational concepts,to increase people’s cultural identity to the mandatory reporting system.Secondly,we should reasonably determine the scope of the subject of reporting obligations,optimize the arrangement of the time limit and conditions of the report,increase the specific types of the report,and solve the problem of setting the relevant contents of the report mechanism.Thirdly,digital methods should be used in the compulsory reporting system to build software applications for the protection of minors.Meanwhile,special juvenile protection organizations should be set up to share the whole process of the case handling of the compulsory reporting system together with public security organs and procuratorates,so as to solve the problem of difficult disposal.In addition,we should improve the setting of conditions for the investigation of administrative responsibility,and clarify the subject and precondition of criminal responsibility,so as to make the investigation of responsibility rational and reasonable.Finally,it is necessary to strengthen the supporting protection mechanism of the compulsory reporting system,especially to increase the means of protection for the obligatory report agent,and to do a good job in the comprehensive rescue and protection of juvenile victims.