In the past year, the unprosecuted cadres and police of procuratorial organs across the country have thoroughly studied Xi implemented Xi Jinping's thought on the rule of law, conscientiously implemented the decision-making and deployment of the Supreme People's Procuratorate Party Group, adhered to the guidance of "handling every case with high quality and efficiency", took the comprehensive performance of duties of the "four major procuratorates" as the path, and actively integrated into the other "five major protections" as the support, and worked with relevant departments to jointly hold up the sun of tomorrow. Today, the "Procuratorate Daily and Future Weekly" specially launched the "2023 Memorabilia of Unprosecuted Minors" and the touching stories of the procuratorate's care for minors.
2023 uninspected memorabilia
1. Implement the deliberation opinions of the Standing Committee of the National People's Congress
In October 2022, the 37th meeting of the Standing Committee of the 13th National People's Congress heard and deliberated the "Report of the Supreme People's Procuratorate on the People's Procuratorate's Carrying out Juvenile Procuratorial Work", and put forward opinions and suggestions on strengthening the professionalization of juvenile procurators and promoting the overall implementation of the "six major protections". On March 31, 2023, the Supreme People's Procuratorate issued the "Report on the Implementation of the Deliberation Opinions of the 37th Session of the Standing Committee of the 13th National People's Congress on the Report of the Supreme People's Procuratorate on the People's Procuratorate's Carrying out Juvenile Procuratorial Work", focusing on the overall situation of the implementation of the deliberation opinions by procuratorial organs across the country, the main practices and results of each region, and the next work measures. On June 1, 2023, the Supreme People's Procuratorate released the White Paper on Juvenile Procuratorial Work (2022), which has a special chapter on the review and implementation of the special report.
II. Seven batches of Guiding Cases and Typical Cases were released
On February 24, 2023, the Supreme People's Procuratorate (SPP) released for the first time the 43rd batch of Guiding Cases with the theme of "Comprehensive Judicial Protection of Minors", which fully embodies the concept of coordinated governance of non-prosecution and the characteristics of comprehensive performance of duties, has strong exemplary significance, and has received the attention of the central mainstream media. In 2023, the Supreme People's Procuratorate, alone or in conjunction with the Cyberspace Administration of China, the Central Committee of the Communist Youth League, the All-China Women's Federation, and other departments, will release 6 batches of 32 typical cases on topics such as conditional non-prosecution, strengthening family education guidance for cases involving minors, procuratorial public interest litigation for the protection of minors in emerging business formats, big data empowering juvenile procuratorial supervision, comprehensive performance of duties for juvenile online protection, and the establishment of a social support system for juvenile procurators, in an effort to "handle every case with high quality and efficiency" It has become the basic value pursuit of non-prosecuting personnel, and makes Guiding Cases and Typical Cases an effective vehicle for leading the concept of the rule of law, safeguarding judicial fairness, and promoting social progress.
3. Hold the Third National Procuratorial Organs Non-Prosecution Business Competition
From April 17 to 20, 2023, the 3rd National Procuratorial Juvenile Procuratorial Competition was held at the Jiangsu Branch of the National Procuratorial College. The competition selected 10 business pacesetters, 40 business experts and 5 outstanding organization awards. Previously, the Supreme People's Procuratorate held the first and second uninspected business competitions in 2015 and 2018 respectively. This competition is a top-down organization of the non-inspection team of all post training, a comprehensive examination of the juvenile "four major procuratorates" to perform their duties, to improve the quality of the uninspected team through the competition training, and to continue to strengthen the regularization, specialization and professionalism of the non-inspection team.
IV. Jointly with other departments, issue the "Interpretation on Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Rape and Indecency with Minors" and the "Opinions on the Handling of Criminal Cases of Sexual Violations against Minors"
On the eve of June 1, 2023, the Supreme People's Procuratorate and the Supreme People's Court issued the Interpretation on Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Rape and Indecency with Minors, and led the Supreme People's Procuratorate and the Supreme People's Court and the Supreme People's Court to formulate the Opinions on the Handling of Criminal Cases of Sexual Violations against Minors, clarifying the standards for the application of the law for crimes of sexual violations against minors. In mid-December 2023, the Supreme People's Procuratorate, together with the Supreme People's Court and the Ministry of Public Security, jointly held a "same-class training" class for public prosecutors and prosecutors in cases of sexual violations against minors, to further unify judicial concepts and standards.
V. Convene a national meeting on the promotion of procuratorial organs' efforts to prevent juvenile crime
In August 2023, in response to the rising trend of juvenile delinquency, the Supreme People's Procuratorate strengthened research and analysis, forwarded the work experience of procuratorial organs in Yunnan and other places, and issued special reminders to guide local procuratorial organs to accurately apply juvenile criminal justice policies, improve the accuracy and effectiveness of assistance and education, promote reintegration into society, and prevent recidivism. On November 16, 2023, the Supreme People's Procuratorate convened a national meeting to promote the prevention of juvenile crime by procuratorial organs, making arrangements in terms of high-quality and efficient case handling, improving crime prevention mechanisms, and strengthening social governance, and invited representatives of relevant ministries and commissions such as the Supreme People's Court, the Ministry of Public Security, and deputies to the National People's Congress to attend the meeting.
VI. Strengthen judicial protections for minors online
In order to create an online environment conducive to the physical and psychological health of minors, procuratorial organs are to actively perform their duties in accordance with law, giving full play to the functions of the "four major procuratorates", and urging other protective forces to jointly purify cyberspace for minors. On May 31, 2023, the Supreme People's Procuratorate, together with the Cyberspace Administration of China and the Office of the Working Committee on Women and Children of the State Council, held a press conference titled "Prosecuting Love and Protecting Flowers Together: Strengthening the Comprehensive Performance of Duties for the Protection of Minors Online", reporting on the work of procuratorial organs in promoting the protection of minors online in recent years, and releasing typical cases of procuratorial organs strengthening the comprehensive performance of duties for the protection of minors online. In October 2023, the State Council promulgated the Regulations on the Protection of Minors Online. The Regulations are the first comprehensive legislation for the protection of minors online issued in mainland China, and will come into force on January 1, 2024. On October 27, 2023, the Supreme People's Procuratorate was invited to participate in the regular briefing of the State Council on the "Regulations on the Protection of Minors Online", introducing the procuratorate's efforts to strengthen the protection of minors online. On October 31, 2023, the Supreme People's Procuratorate participated in the launching ceremony of the "Regulations on the Protection of Minors on the Internet" legal popularization campaign and released the "Guardian of the E Road" project as a representative of the central state organs.
VII. Strengthen comprehensive judicial protections for minors
In March 2023, procuratorial organs comprehensively deepened the centralized and unified handling of unprosecuted business, realized the online handling of juvenile "four major procuratorate" cases, and launched the "comprehensive performance of duties application rate" case quality evaluation index for the first time, gradually taking shape in the pattern of the "four major procuratorates" for juveniles. On March 1, 2023, the Supreme People's Procuratorate held a press conference on the comprehensive judicial protection of minors to introduce the work of juvenile procurators over the past five years and the effectiveness of procuratorial organs in strengthening the protection of minors in cooperation with all parties. In April 2023, the Supreme People's Procuratorate, together with the Ministry of Education, the National Health Commission and 17 other departments, issued the "Special Action Plan for Comprehensively Strengthening and Improving Student Mental Health in the New Era (2023-2025)" to promote the improvement of students' mental health literacy. In November 2023, the Supreme People's Procuratorate, together with the Ministry of Civil Affairs and 15 other departments, issued the "Three-Year Action Plan for Improving the Quality of Care Services for Left-behind Children and Children in Difficult Situations in Rural Areas", based on the procuratorial function to help improve the quality of guardianship and carry out targeted assistance;
8. Actively promote the supervision and governance of emerging business formats
In 2023, in response to the dilemmas and problems in the protection and governance of minors in emerging formats such as e-sports hotels and script killing, the Supreme People's Procuratorate will release typical cases of procuratorial public interest litigation on the protection of minors in emerging formats. The Supreme People's Procuratorate actively promoted the Ministry of Culture and Tourism and the Ministry of Public Security to issue the Notice on Strengthening the Protection of Minors in the Management of E-sports Hotels in August 2023, which clearly stipulates that e-sports hotels are strictly prohibited from receiving minors in violation of regulations, and actively promoted the Ministry of Culture and Tourism, the Ministry of Public Security, the Ministry of Housing and Urban-Rural Development, the Ministry of Emergency Management, the State Administration for Market Regulation and other departments to jointly issue the Notice on Strengthening the Management of Scripted Entertainment Business Venues in June 2023 Actively promote the State Administration for Market Regulation to issue the Guidelines on the Code of Conduct for Blind Box Operations (Trial) in June 2023 to strengthen collaborative governance and protection efforts to eliminate risks and hidden dangers.
IX. The "Supreme People's Procuratorate Legal Education Practice Base for Minors" was opened
On November 29, 2023, the "National Demonstration Base for Legal Education for Adolescent Students" and the "Supreme People's Procuratorate Legal Education Practice Base for Juveniles" were opened, and Ying Yong, Procurator General of the Supreme People's Procuratorate, and Huai Jinpeng, Minister of Education, jointly unveiled the base. The base adopts a core exhibition hall and four practical education halls of the "1+4" practical education model, with four knowledge modules such as "the work of a prosecutor", "guarding tomorrow", "I am a minor" and "staying away from illegal crimes". According to statistics, procuratorial organs across the country, in conjunction with relevant departments, have promoted the establishment of 2,120 bases for the practice of juvenile legal education, organized 184,000 visits by primary and secondary school students, and carried out 116,000 courses on ethics and the rule of law in conjunction with schools.
10. Deepen the work of procurators serving as vice-principals for rule of law
On November 30, 2023, Ying Yong, the chief procurator of the Supreme People's Procuratorate, was hired as the vice principal of Beijing No. 4 Middle School for the rule of law, and presented legal education books to the school on behalf of the Supreme People's Procuratorate. On August 23, 2023, the Ninth Procuratorate of the Supreme People's Procuratorate issued a special notice to deploy and carry out the "Rule of Law on Campus" activity of procuratorial organs across the country with the theme of "Improving Legal Literacy and Staying Away from Violations and Crimes" in the school season, effectively strengthening legal education for young people, and preventing and reducing juvenile violations and crimes from the source. Up to now, a total of 43,000 procurators across the country have served as vice-principals for rule of law in 77,000 primary and secondary schools, playing a positive role in enhancing the awareness of the rule of law among primary and secondary school students and promoting the construction of rule of law campuses and safe campuses.
Those touching stories of protecting minors
On November 14, 2023, the prosecutor "Sister Sha" of the Hechuan District Procuratorate of Chongqing Municipality went to Xinhua Primary School in the district to carry out the "Sister Sha Shou 'Wei'" rule of law into the campus activity to teach students legal knowledge.
Mandatory reporting saved the child
I remember that it was a Monday morning, and the dormitory teacher came to me and said that Xiaole (pseudonym), a female student in our class, had been hiding alone at the corner of the dormitory stairs and crying recently, and left in a hurry when she saw the dormitory teacher.
What can a 10-year-old girl be sad about? That afternoon, I called Xiaole to the office and wanted to talk to her alone. But Xiaole looked very nervous and apprehensive. With my patience and reassurance, Xiaole choked up and told her how she had been abused by her stepmother. When I saw the scars on her body, I couldn't help crying.
After calming down, I thought about the mandatory reporting system that the Nanzhao County Procuratorate had talked about when they came to the school to give a lecture, and I immediately called the police.
After police investigation, Xiaole's father worked outside all the year round, and Xiaole's stepmother Li took the opportunity to beat Xiaole and other acts. On February 1, 2023, it was determined that Xiaole's injury was grade 2 minor injury. On May 5, 2023, after supplementary evaluation, Xiaole's left ear was injured to a level 2 serious injury.
After the Nanzhao County Procuratorate initiated a public prosecution, on July 18, 2023, the court sentenced the defendant Li to three years in prison for the crime of abuse. Subsequently, the Nanzhao County Procuratorate played the role of civil support for prosecution and helped Xiaole's biological mother obtain the guardianship qualification, and Xiaole returned to her biological mother.
In view of the physical and mental health development of Xiaole, the Nanzhao County Procuratorate will also work with the Civil Affairs Bureau, the Women's Federation, and the Psychological Counseling Association to do a good job in life placement, protection and assistance, and psychological intervention. I feel that the procuratorate has woven a warm and dense "protective net" for Xiaole, tightly wrapping her physically and mentally traumatized.
Nowadays, every time I see Xiaole on campus, she is happy with her classmates. A stone in my heart has finally fallen to the ground.
Actually, at first, I didn't know much about the mandatory reporting system, and I only learned about it after listening to the procurator's explanation in the "Bringing the Law to Campus" activity. Under this system, as a teacher, I am required by law to comply with mandatory reporting obligations without fear of retaliation. I am also more relieved, because my voluntary report allowed the judicial authorities to intervene in time, and Xiaole was rescued.
Through this participation in the whole process of mandatory reporting, I feel the rigidity of this system and understand the significance of this system. I believe that the mandatory reporting system will effectively improve the effectiveness of the protection of minors and help build a comprehensive network for the protection and rescue of minors. (Zhang Lin, a boarding primary school teacher in Nanzhao County, Henan Province)
The high-risk teenager escaped
"He is doing well in a vocational school and is emotionally stable...... "Recently, when I received a call from a teacher at a specialized school in Huzhou, where Xiaohao studied, my heart finally relaxed.
In 2023, on the basis of the practice of personality screening in the early stage, our hospital innovatively proposed a risk assessment system for juvenile recidivism in six dimensions, including basic characteristics, values, externalizing behaviors, family environment, school environment, and social support. Procurators are to coordinate with judicial social workers to comprehensively and three-dimensionally understand the causes of juvenile crime through methods such as conversations, psychological assessments, and on-site visits, and then implement a hierarchical intervention system for juveniles who have committed crimes based on the level of risk factors, and accurately formulate correctional treatment plans.
Xiaohao is a suspect in a crowd brawl case handled by our hospital in June 2023. As the assessment unfolded, Xiaohao and the other five delinquent minors had a clear portrait: the unruly Xiao Jiang lost his mother at a young age and depended on his paralyzed father, and his buddies were his greatest spiritual support; Xiaoqing, Xiaoyi, and Xiaotao had suffered school violence and had deviated from their ideological concepts; Xiaohao's parents did not care about him, resulting in his extreme and fiery personality. The assessment results showed that Xiaohao's risk of recidivism was the highest level.
Based on the results of the comprehensive assessment, our court made a conditional non-prosecution decision on Xiao Jiang and four others involved in the crime in accordance with the law, and set a probationary period ranging from 8 months to one year, and at the same time formulated a personalized education and correction plan. For example, in the plan for Xiao Jiang, our hospital gave him a certain living allowance through the "Xun + Young Bird" Care Fund, and entrusted a family education instructor to assist Xiao Jiang's father in improving parent-child communication and strengthening family support. After a period of help, Xiaoyi and Xiaotao returned to campus, of which Xiaoyi was also admitted to university, and Xiaojiang and Xiaoqing were also employed.
As for Xiaohao, although our hospital and the public security organs jointly implemented protective sanctions for him to participate in social service activities and receive legal education, they also issued a supervision and guardianship order to his parents, and jointly carried out family education and guidance with the Women's Federation. But after two assessments, he was still assessed as high-risk, and even committed other serious bad behaviors such as theft and assault. After many efforts, in September 2023, Xiaohao entered a vocational school to receive correctional education. Since entering the school, the school has reported that Xiaohao has performed well, which has relieved my colleagues and I a lot. (The minors in the article are pseudonyms) (Lu Jiali, Deputy Director of the Third Procuratorate Department of the Nanxun District Procuratorate of Huzhou City, Zhejiang Province)
After the lecture, the students turned themselves in
"The child's condition is obviously much better, and he said that the next time you come to the rule of law class, I will report my results to you in person. "Every month, I receive a return call from Xiong Yan, the chief prosecutor of the Tianxin District Procuratorate of Changsha City. Xiong Yan is the vice principal of the rule of law at our school, and when I talk about my acquaintance with her, I have to start with the story of Xiao An (pseudonym).
On October 17, 2023, Xiong Yan gave a lecture on the Law on the Protection of Minors and the Law on the Prevention of Juvenile Delinquency to the children. After the lecture, Xiao An, a sophomore in high school, came to me with a nervous look on his face and said, "Teacher, I stole something." Prosecutor Xiong said at a lecture on law popularization that this is a crime, will I go to jail?" Lacking a sense of the rule of law, he thought he could get away with it, but through this lecture on law popularization, he deeply understood the truth that the legal net is restored, and he also knows that the identity of a minor is not a gold medal for exempting criminals from liability for violations and crimes. In the process of confiding the truth with me, Xiao An remembered the content of the lecture on lenient punishment in the lecture on law popularization, and decided to surrender himself.
"No child is born to sin. Juveniles involved in crimes should not only be punished in accordance with law, but also helped and rescued. "When accompanying Xiao An to be interrogated by the prosecutor, the prosecutor in charge told me this. Considering that Xiao An was a minor, and that he surrendered and repented after the incident, took the initiative to compensate for the losses and obtain the victim's forgiveness, the procuratorate finally made a conditional non-prosecution decision against Xiao An in accordance with the law.
Xiao An's story made me see the power of the rule of law and the importance of legal education. During the Constitution Publicity Week in December 2023, I once again invited the vice-principals for rule of law to come to the school to carry out constitutional publicity, actively assist the vice-principals for rule of law to open a small class on legal popularization, and jointly tell a short story of "explaining the law with cases" at the "court meeting" on Monday and the "class meeting" on Friday. In order to let the children feel the spirit of the rule of law more intuitively, I led the whole class to participate in the "Procuratorial Open Day" activity of the Tianxin District Procuratorate, so that the children could understand a series of measures for the protection of minors, such as one-stop assistance, mandatory reporting system, and help, education and care.
In my communication with Xiong Yan, I learned that since 2023, the vice principals of their institute have given more than 40 lectures on the rule of law to children, including various topics such as school bullying prevention, cybercrime prevention, sexual assault prevention, and personal information protection, which not only supports the "protective umbrella" of the rule of law for the healthy growth of minors, but also lights the way for "lost" teenagers to return. (Li Can, teacher of Mingde Middle School, Changsha City, Hunan Province)
"Xiao Neng" has new hope
Since 2009, our firm has been working closely with the Beijing Haidian District Procuratorate to explore the application of social work in juvenile justice work, and strive to achieve response and support for the prevention and protection of juvenile delinquency. Among them, the one who is still tracking and rescuing, a service object named "Xiao Neng" (pseudonym), which touched me deeply.
"Xiao Neng" was abandoned by his biological mother just after birth, and after the public security organs learned of the incident, they contacted the civil affairs department to place him in a hospital. Subsequently, the public security organs seized the child's biological mother and transferred her to the Haidian District Procuratorate for review and prosecution on suspicion of abandonment. The procurator of the Haidian District Procuratorate handling the juvenile case immediately activated the victim rescue and protection mechanism, entrusted our social workers to carry out rescue services for the "little energy", assessed the guardianship ability of the biological mother, and organized a multi-departmental joint meeting to communicate and discuss the issues of placement and assistance, support and guardianship.
During this period, the public security organs found the child's biological father through judicial appraisal. The biological father didn't know anything about the pregnancy and childbirth of the biological mother of "Xiao Neng" before. After learning about his child's abandonment, he expressed his desire to take on the responsibility of fatherhood. However, it is necessary to resolve issues such as change of custody rights first.
I am pleased that at the end of 2022, after entrusting our social worker to investigate and evaluate the guardianship capacity of the biological father of "Xiao Nengge", the prosecutor performed his procuratorial functions in accordance with the law and supported his biological father to sue for custody of the child. In addition, the prosecutor also linked up with multiple departments to initiate judicial aid procedures to solve problems such as the cost of treatment and care for children in hospitals.
The support of the procuratorate for prosecution has brought new hope to the work of our social workers and the future life of "Xiao Neng". Later, together with the prosecutor, we continued to follow up on the work of taking "Xiao Neng" back home, applying for birth certificates, raising children after returning home, and providing family education guidance and assistance. In the end, "Xiao Neng", who was abandoned and lived in the hospital for 14 months, embarked on a happy journey home with his biological father.
In the course of handling juvenile criminal cases, once procuratorial leads on juvenile civil, administrative, or public interest litigation are discovered, the procuratorial organs are to perform their duties in a comprehensive manner in accordance with law, so as to achieve comprehensive and comprehensive protection of juveniles. This is not only a new change in juvenile procuratorial work, but also a new change in the comprehensive protection of juveniles. It is expected that the work of juvenile prosecution will be carried out in a solid manner, and that it will bring hope and warmth to those juveniles who have suffered misfortunes. (Wang Luqian, Deputy Director of Beijing Beyond Youth Social Work Office)
Big Data "Red, Yellow and Green"
2023 is the 6th consecutive year that I have served as a deputy to the Sichuan Provincial People's Congress, and it is also the 5th year that I have an in-depth understanding of the unprosecuted work of the Shunqing District Procuratorate in Nanchong City. This year, as a deputy to the National People's Congress, I listened to reports on the work of non-procuratorial cases and visited the case-handling areas on the spot; as a cadre at the grassroots level, I invited cadres and policemen who had not been prosecuted to carry out activities to publicize the rule of law in the villages...... Among them, the one that touched me the most was the story of Xiaoling (pseudonym).
If hotels and other special venues accept minors in violation of regulations, it is very easy to cause and induce illegal and criminal problems. Fifteen-year-old Xiaoling was assaulted at the hotel. Xiaoling is a mentally handicapped girl, and in February 2023, her neighbor Jiang took Xiaoling, who was alone at home, to a hotel to sexually assault her. When the room was opened, the hotel staff did not register Xiaoling's identity information as required, nor did they verify the relationship between Jiang and Xiaoling. After the case, Jiang was prosecuted by the procuratorate and sentenced to five years in prison for rape.
During the handling of the case, the procurator applied for 20,000 yuan in national judicial aid funds for Xiaoling, and contacted a special education school to regularly send Xiaoling to "school". Because the hotel involved in the case failed to fulfill its mandatory reporting obligations, the prosecutor supported the victim's filing of a civil lawsuit against the hotel, and the public security organs also ordered the hotel to rectify the situation within a time limit and imposed a fine.
In order to continue to deepen the governance of special venues, the Shunqing District Procuratorate issued a pre-trial procuratorial recommendation to the administrative department for administrative public interest litigation, recommending that the supervision and investigation of illegal reception of minors in hotels and other venues be strengthened. As a deputy to the National People's Congress, I have participated in public hearings, centralized announcements, and "looking back" on public interest litigation cases. Together with other hearing officers, I debated the necessity of formulating and issuing pre-trial procuratorial suggestions, participated in the procuratorate's centralized announcement meeting on the procuratorial suggestions of the administrative departments together with CPPCC members, and conducted a "retrospective" review of hotels and other places with the procurators, thus witnessing the entire process of the procuratorial organs exercising their legal supervision duties.
I also learned that the prosecutor combined the case to give lectures to the hotel industry operators in the jurisdiction, explaining in detail the mandatory reporting system and the "five musts". At the same time, the Shunqing District Procuratorate focused on the hotel check-in link and independently developed a big data legal supervision model for mandatory reporting of hotels. Since the official launch of the supervision model in November 2023, the Shunqing District Procuratorate has equipped 419 hotels in the district with account passwords, completed more than 300 fillings on the hotel side, and effectively prevented more than 30 cases of illegal check-in by minors through disposal rules such as red alerts, yellow alerts, and green filings. (Sichuan Provincial People's Congress Deputy Chen Rong)
Source: Procuratorate Daily, Future Weekly