"Putting the people at the center" series of reports
Comprehensive judicial protection: let the "small saplings" grow into "towering trees"
"Sister prosecutor, I got my first month's salary!" I want to give you back the money..."
The child who called Liu Dong, a prosecutor at the Bazhou District Procuratorate in Bazhong City, Sichuan Province, is a minor Xiao'an (pseudonym) who was conditionally not prosecuted by the procuratorate in 2021 for theft. At that time, Xiao An still did not have enough money to pay the victim for his own work, and Liu Dong lent his money to Xiao An. Now, XiaoAn insists on returning the money to Liu Dong: "Your trust and help have always warmed me and made me reborn in Nirvana, and now I have become a volunteer, hoping to pass on this love to more people." ”
Upon learning of this, Yang Sumei, a staff member of the Bazhou District Women's Federation, was very pleased: "Xiao'an's mother died early, her father's disability could not be managed, and the child was easy to take the wrong road." The procuratorial organs contacted us and the village committee to work together to formulate a help and education plan for Xiao'an, issue a supervision and guardianship order, and carry out family education and guidance. From misguided to healthy growth, Xiaoan's change is the greatest affirmation of our efforts. ”
The healthy growth of children is the long-term plan of the country. In recent years, procuratorial organs have adhered to the implementation of the "No. 1 Procuratorial Recommendation" as the traction, standardized the integrated work mechanism of "arrest, prosecution, supervision, prevention, and education", promoted the unified and centralized handling of juvenile procuratorial work, strengthened the professionalization, standardization, and socialization of juvenile procuratorial work, actively responded to the people's concerns about the "better" development of juvenile judicial protection in the new era, and escorted the healthy growth of minors.
Strengthen supervision and deeply grasp implementation
Juvenile procuratorial practice is written into law
A strong youth is a strong country. Contemporary Chinese children are not only experiencers and witnesses of the realization of the first centenary goal, but also a fresh force for realizing the second centenary goal and building a socialist modern power.
Since the Eighteenth National Congress of the Communist Party of China, the Party Central Committee with Comrade Xi Jinping as the core has attached great importance to the protection of minors, made important instructions and decision-making arrangements on many occasions, and put forward clear requirements for improving the legal system for the protection of minors and improving the effectiveness of the work of protecting minors.
In order to implement Xi Jinping Thought on the Rule of Law, respond to the needs of the times and the aspirations of the people, and promote the "rule of China", the Supreme People's Procuratorate has established the Ninth Procuratorate (Juvenile Procuratorate), and requires procuratorial organs at all levels to set up juvenile procuratorial departments from top to bottom, with special personnel specifically responsible for juvenile procuratorial work. This change is of landmark significance for the judicial protection of minors.
In October 2018, in response to a protest case of teachers sexually assaulting students in school, the Supreme People's Procuratorate issued the "No. 1 Procuratorial Recommendation" to the Ministry of Education, which was also the first procuratorial recommendation on social governance issued by the Supreme Procuratorate in its history.
In order to protect more children from unlawful harm, the Determination of the Supreme People's Procuratorate Party Group to endlessly grasp the supervision and implementation of the "No. 1 Procuratorial Recommendation" has never changed. At the recent national meeting of procurators general (expanded), the supreme procuratorial party group issued a strong voice again: "The 'No. 1 procuratorial recommendation' will be followed up 'endlessly' and continue to supervise its implementation." ”
With the deepening of practice, the main content of the "No. 1 Procuratorial Recommendation" has changed from preventing sexual assault to comprehensively supervising the implementation of laws and regulations on the protection of minors.
"Sexual abuse of minors is a social pain point, and the procuratorial organs have adopted the 'No. 1 Procuratorial Recommendation' to promote 'all management' with 'I manage', so that all functional departments can assume their due responsibilities and take the initiative to perform their duties, which is a powerful embodiment of practicing the 'three consciousnesses.'" Li Mingshun, vice president of the Marriage Law Research Association of the China Law Society, said that in addition to focusing on traditional juvenile criminal prosecution, procuratorial organs have also paid more attention to the use of various means to comprehensively carry out comprehensive judicial protection of minors, and many explorations and practices have been highly concerned and generally recognized by society.
Many procuratorial practices have been written into the revised Law on the Protection of Minors and the Law on the Prevention of Juvenile Delinquency, such as entry inquiries, mandatory reporting, "one-stop evidence collection" for minor victims, family education guidance, supervision and support for prosecution, and public interest litigation for the protection of minors. Practice has proved that these explorations are in line with the national conditions of the mainland and are effective.
At the 58th Bi-Weekly Consultation Forum of the 13th National Committee of the Chinese People's Political Consultative Conference held on December 24, 2021, some members of the National Committee of the Chinese People's Political Consultative Conference, experts and scholars fully affirmed the procuratorial work of juveniles and put forward opinions and suggestions when discussing and deliberating on "promoting the judicial protection of minors' rights and interests".
One point of deployment, nine points of implementation. In order to ensure rigid implementation and make active reporting conscious, the Supreme People's Procuratorate has established a mandatory reporting "every case must be investigated" system. By the end of October 2021, the number of cases handled by procuratorial organs through mandatory reporting had reached 1,657, an increase of 4.4 times compared with 306 cases in 2018.
Since May 2021, the Supreme People's Procuratorate has deployed a special legal supervision action for the protection of minors "Procuratoring and Loving Peers and Protecting the Future" in procuratorial organs across the country, further promoting functional departments and relevant entities to perform their duties and responsibilities in accordance with the law, and implementing all legal provisions on the protection of minors. The campaign will continue until December this year.
Be able to perform duties and walk non-stop
Protect the lawful rights and interests of minors to the greatest extent possible
There is no end to juvenile prosecution work.
As the only political and legal organ that participates in the judicial protection of minors throughout the process, the procuratorial organs have always been committed to doing juvenile procuratorial work in the front and extending it to the back, so that every child and family has a more tangible sense of gain, happiness and security.
Change from time to time, follow the flow. Proceeding from the principle of the most favorable to minors, and with the goal of achieving comprehensive and comprehensive judicial protection of minors, procuratorial organs are exploring and carrying out unified procuratorial operations involving minors in criminal, civil, administrative, and public interest litigation handled by unprosecuted departments, to prevent the protection of minors' lawful rights and interests from being managed for a period of time and taking care of one or the other. In April 2020, the Supreme People's Procuratorate issued the Opinions of the Supreme People's Procuratorate on Strengthening Juvenile Procuratorial Work in the New Era, proposing to comprehensively promote the unified and centralized handling of juvenile procuratorial work nationwide from 2021 onwards.
Fu Dongmei, head of the "Sister Dongmei" team of the Dong'an District Procuratorate in Mudanjiang City, Heilongjiang Province, said that there are a large number of clues that infringe on the legitimate rights and interests of minors behind criminal cases involving minors, and the unified and centralized handling is more in line with the law of judicial case handling, and is more conducive to improving the quality and efficiency of the protection of minors.
In a case of sexual abuse of minors handled by the court, the suspect had more than 20 sexual relations with the girl knowing that she was under the age of 14, and after the girl's parents reported the crime, the person was quickly arrested. The hospital cooperated with public security, women's federations and other departments to conduct "one-stop" evidence collection to avoid causing "secondary harm" to girls. While severely punishing crimes in accordance with the law, the hospital also actively provides psychological assistance to help girls regain their sunshine.
"While striving to improve the quality and efficiency of individual case handling, we have also been able to perform our duties, and after extensive visits and investigations, we have extended the legal supervision of the protection of minors to other places provided for in the mandatory reporting system." Fu Dongmei mentioned that in order to form a "protection circle" for minors, the hospital has jointly established a "Dong'an District Social Governance Group for the Protection of Minors" and countersigned system documents.
"We have an unshirkable responsibility to protect the physical and mental health of young people." Wang Huan, director of the Bureau of Culture, Sports, Radio, Television and Tourism of Dong'an District, introduced that after the establishment of the social governance group, the bureau quickly inspected the illegal reception of minors in Internet cafes, KTV and other places in the jurisdiction, and further strengthened the publicity and education work of popularizing the law, and worked with the procuratorial organs to build a defense line for the protection of minors.
Xu Bin, deputy director of the Dong'an Branch of the Mudanjiang Municipal Public Security Bureau, said that the bureau attaches great importance to and actively solves the problems of feedback from the procuratorial organs, and the next step will focus on strengthening cooperation with all parties to escort the healthy growth of minors.
Coordinated operations and traceability governance
Promote the solution of social governance problems with points and areas
"I can't hold back!" It hurts like i lost my skin, I don't want to wash it..." 40% of the skin on Kobayashi's body has tattoos, and after a round of extreme pain of cleaning, the tattoos are still difficult to remove, but Kobayashi's skin begins to be red, swollen and inflamed.
"I washed it five or six times a year, and it cost more than 10,000 yuan, but I still can't wash it clean." After inquiring from many parties, Kobayashi's mother learned that she had to go to other places to completely clean the tattoo, the price was more than 150,000 yuan, and the effect was not guaranteed.
Xiaolin, whose family is in the countryside, can't come up with such a large sum of money. But the tattoo is not "removed", Kobayashi is facing the dilemma of not being able to turn regular at the end of the internship period, and this job carries the future he hopes for.
These situations, Chu Xiaoyan of the Golden Flower Juvenile Justice Social Service Center in Shuyang County, Jiangsu Province, saw in his eyes and was anxious in his heart, "Xiaolin's situation is by no means unique. All along, children have blindly obeyed tattoos, which stems from a 'social' complex, and the supervision of schools, families, society and other aspects is not in place, and it is urgent to promote the solution through the means of the rule of law. ”
"After the procuratorial organs traced the source of governance, the tattoo matter was 'managed', and there is no tattoo shop on our side that dares to tattoo minors." Zhu Manli, deputy to the Jiangsu Provincial People's Congress and director of academic affairs of Shuyang Senior High School in Jiangsu Province, said that the suqian municipal procuratorate first paid attention to and handled the country's first civil public interest litigation case of juvenile tattoos, and promoted the Shuyang County People's Congress to issue a resolution to clearly prohibit tattoos for minors, so that this governance problem has a new solution.
In view of the deep-seated governance problems that need to be solved urgently in the process of tattoo rectification, in October 2021, the Supreme People's Procuratorate submitted the "Analysis Report on the Situation Related to the Minor Tattoo Problem" to the State Council's Leading Group for the Protection of Minors, which was highly valued and actively promoted.
The prosecutorial efforts do not stop there.
Help minors who are unable to participate in the college entrance examination registration because their criminal records have been leaked realize their dreams; issue "supervision and guardianship orders" to derelict parents who do not want to manage or will not manage, and carry out family education guidance; severely punish the "big bad wolf" on the Internet, and protect minors' personal information...
Ma Chuankai, a deputy to the National People's Congress and director of the Social Service Department of the Central Committee of the Zhi Gong Dang, who has been paying attention to the protection of minors, has noticed from a large number of cases that the procuratorial organs are becoming more and more like a "big parent", paying attention to the correction and effective discipline of children according to law, but also focusing on accurate help and education, comprehensive protection, and actively promoting social governance innovation, and the work is getting deeper and deeper and more detailed.
In recent years, procuratorial organs have always adhered to the governance of the source and the source of litigation, pushed the work forward, and prevented cases involving minors to the greatest extent.
"Through traceability governance, fewer and fewer juvenile cases have entered the procuratorial link, which is our greatest desire to strengthen the comprehensive and comprehensive judicial protection of minors." A prosecutor from the Ninth Procuratorate of the Supreme People's Procuratorate expressed his thoughts to reporters.
This vision cannot be achieved on its own. In recent years, procuratorial organs have continuously exerted the advantages of the social support system in top-level design and grass-roots practice, actively integrated into other "five major protections", promoted "1 + 5>6 = 'real'", truly formed a joint force for the protection of the whole society, and promoted the modernization of the national governance system and governance capabilities.
Issue 18, 2022 Issue 253
Source: Procuratorial Daily
Producer: New Media Center of Yanchi County People's Procuratorate