Typical cases of implementing a mandatory reporting system
Published: July 5, 2024
Case 1
The rape case of Li
- Accommodation operators report in a timely manner to stop crimes against minors
1. Basic facts of the case
On the evening of October 19, 2022, when Li Moumou drove to a township in Weining County, Guizhou Province, he met the victim Zhao Moumou (female, 12 years old at the time of the crime). On the pretext of sending him home, Li Moumou tricked Zhao Moumou into the car and drove him to a remote road, and forcibly had sex with him. Later, Li Moumou took Zhao Moumou to a certain hotel, and wanted to open the room to sexually assault him again. When the hotel operator Fan Moumou inquired about checking the information, he found that Zhao Moumou looked abnormal, resisted and feared to react to Li, and the age gap between the two was large, and the identity relationship was suspicious. Fan Moumou brought Zhao Moumou into the front desk of the hotel for protection and immediately called the police. On February 10, 2023, the Weining County People's Procuratorate indicted Li Moumou on suspicion of rape. On April 10 of the same year, the court sentenced Li to five years and six months in prison in accordance with the law.
Second, the main practices
(1) Refine and clarify the reporting circumstances, and consolidate the reporting responsibilities of lodging operators. In order to vigorously promote the implementation of the mandatory reporting system, the Weining County People's Procuratorate and the county Public Security Bureau have carried out a reverse review of cases of violations against minors in accordance with the Supreme People's Procuratorate's work requirements for the implementation of the mandatory reporting system for cases of violations against minors on a case-by-case basis. In response to the situation that accommodation business premises are easily used to commit crimes of sexual violations against minors, the Weining County People's Procuratorate and Public Security Bureau made a special report to the county non-insurance committee. The county uninsured committee organized public security, culture and tourism and other departments to carry out training on the mandatory reporting system for more than 2,000 accommodation operators in the county, explaining in detail the content of the system, reporting channels, and legal responsibilities, and referring to the "Opinions on the Establishment of a Mandatory Reporting System for Cases of Violations against Minors (Trial)" (hereinafter referred to as the "Mandatory Reporting Opinions") issued by the nine central ministries and commissions and the requirements of the Ministry of Public Security's "five musts" for hotels to receive minors. Lodging operators are required to report immediately if they discover that minors are in a drunken state, nervous or frightened when they are receiving minors who are not accompanied by their guardians. In this case, the hotel operator, Fan Moumou, promptly reported the case in accordance with the above requirements, so that the victim minor could be protected from further harm.
(2) Establish incentive mechanisms for rewards and punishments to promote the implementation of the mandatory reporting system. In order to stimulate the enthusiasm of practitioners in industries with close contact with minors to report and promote the institutionalization of incentive mechanisms, the Weining County Commission for Non-Insurance issued the "Work Plan on Rewards and Punishments for Personnel Performing the Duties of the Mandatory Reporting System". According to the plan, Fan Moumou was rewarded with 1,000 yuan. So far, the county has rewarded a total of 12 people who have fulfilled the mandatory reporting. At the same time, the procuratorate, public security and other units jointly carried out a special action to urge accommodation operators to implement the mandatory reporting system, supervised the implementation of the "five musts" provisions, ordered more than 600 illegal accommodation operators to carry out rectification, and imposed administrative penalties more than 50 times, including 2 licenses. In 2023, lodging operators in the county reported 26 leads on cases of abuse against minors, an increase of 136% year-on-year, and the number of sexual assault cases in local lodging establishments decreased by 86% year-on-year.
3. Typical significance
At present, the implementation of the mandatory reporting system by accommodation operators is generally improving, and some operators report suspicious situations in a timely manner, effectively preventing the occurrence of cases of violations against minors. However, there are also some operators who are not sure about the circumstances under which they need to report, and do not dare to report or are unwilling to report. In order to effectively promote the implementation of the system, all localities may refer to the "Mandatory Reporting Opinions" and the "Five Musts" provisions of the nine ministries and commissions, refine the reporting situation, strengthen responsibility through training and publicity, rewards and punishments, incentives, and other means, and fully mobilize the enthusiasm and initiative of mandatory reporting entities to perform their obligations. At the same time, accommodation operators should also strictly implement the legal responsibility for the safety protection of minors' accommodation, increase awareness of safety responsibilities, actively perform the obligation to inquire and verify, keenly discover suspicious situations, and implement the mandatory reporting system and the "five musts" provisions.
Case 2
Case of abuse by Yang Moujia
-- Educators took the initiative to report, and multiple departments worked together to protect and rescue
1. Basic facts of the case
Yang Mou A raised his daughter Yang Mou B (7 years old at the time of the crime) alone after his wife ran away from home. From 2018 to 2022, Yang Moujia abused Yang Mouyi for a long time by pinching and whipping due to family trivialities, study and education issues, resulting in injuries to both elbow joints and the lower part of the right humerus. In March 2022, Chen Moumou, the principal of Yang's school, noticed that Yang Mouyi was in an abnormal mood and did not like to participate in sports activities, and after careful observation, it was found that Yang Mouyi's arm movement was limited and there were many bruises on his neck. After Chen Moumou learned about the situation from Yang Moumou, he learned that the physical injury was caused by Yang Moumou's beating and the injury was serious, and immediately reported the case. On September 28, 2022, the People's Procuratorate of Xinluo District, Longyan City, Fujian Province, prosecuted Yang Moujia on suspicion of abuse. On February 9, 2023, the court sentenced Yang Moujia to two years and three months in prison in accordance with the law.
Second, the main practices
(1) Coordinate and cooperate with multiple departments to promptly aid and protect juvenile victims. In this case, Yang X A was the sole guardian of Yang X B, and during the period when Yang X B lived with Yang X A, Yang X A had no fixed income, and the two of them had a difficult life, and after Yang X A was imprisoned and served his sentence, Yang X B was in a de facto state of no support. In order to ensure that Yang Mouyi received proper resettlement and protection, the procuratorate, civil affairs department, education department, etc., after consultation and research, carried out comprehensive rescue and protection work for Yang Mouyi. On the one hand, in response to the rehabilitation of Yang Mouyi's arm, the street sent personnel to accompany Yang Mouyi to a provincial-level medical institution for medical treatment, and formulated a treatment plan, and the expenses for treatment, transportation, and other expenses were guaranteed by judicial assistance. Provide 130,000 yuan of judicial aid for Yang Mouyi. On the other hand, after Yang Mou A was detained, the civil affairs department immediately included Yang Mou B in the scope of protection for de facto unsupported children, and placed him in the district welfare institute for temporary care, with a monthly living allowance of 2,100 yuan. At the same time, the education department coordinated the transfer and transferred Yang Mouyi to a school near the welfare home. In addition, the procuratorate and the civil affairs department appointed professional social workers to follow up on Yang Mouyi's psychological situation through government procurement of services, and regularly carried out psychological assessment and counseling work. Through the cooperation of various departments, Yang Mouyi was properly supervised and cared for, and his physical and mental health gradually recovered. In response to the deviation of Yang Moujia's educational philosophy, the Xinluo District People's Procuratorate gave him targeted family education guidance, and Yang Moujia realized the error of the original education method and improved his ability to communicate with parents and children and family education. After Yang Moujia completes his sentence, the community will continue to follow and supervise his guardianship behavior.
(2) Adhere to the working mechanism of "spring bud safety officers", and strengthen active investigation and discovery. In order to strengthen the comprehensive protection of minors, the Fujian Provincial People's Procuratorate, the Department of Civil Affairs, and the Women's Federation have jointly established a working mechanism for "Spring Bud Safety Officers" to build a team for the protection of minors with the broad participation of all departments, forming a joint force among departments. Longyan City has established a hierarchical intervention mechanism for "spring bud safety officers", organized "spring bud safety officers" to take the initiative to investigate the situation, and carried out intervention and disposal work in a timely manner. At present, 43 clues on violations against minors have been actively discovered through visits, and 11 cases of suspected violations against minors have been opened for investigation.
3. Typical significance
Identifying issues for the protection of minors who have been abused and at risk is an important step, but it is only the first step. Only when problems are discovered and effectively solved so that the rights and interests of minors are fully protected, can minors stay away from the risk of being violated again and grow up safely and healthily. This case is a typical case in which various departments have made concerted efforts to effectively and comprehensively protect juvenile victims after the school's mandatory reporting. After discovering that minors have been harmed by domestic violence, the relevant functional departments immediately carried out work such as medical rehabilitation, temporary placement, economic assistance, educational assistance, and guardianship intervention, and established mechanisms for coordination and cooperation between departments for the protection of minors. In the process of implementing the mandatory reporting system, all localities should not only pay attention to the implementation of the reporting responsibilities of the responsible entities, but also pay attention to the protection of minors after reporting, so that minors in difficulties and dangers can get out of their predicament and stay away from danger.
Case 3
Yao Moujia's rape case
-- Medical personnel take the initiative to report and help punish sexual assault crimes
1. Basic facts of the case
Yao X A and Yao X B (14 years old at the time of the crime, mentally retarded, and incapable of sexual defense) are villagers in the same village. In June 2022, Yao Mou A took advantage of Yao Mou B's home to have sex with him. In January 2023, Yao's family found out that she was pregnant, and suspected that Yao Moujia had done it, so they found Yao Moujia to confront her. Yao X A admitted the fact that he raped Yao X B and compensated more than 80,000 yuan, and Yao X B's family agreed not to pursue Yao X A's responsibility. Later, Yao Mouyi went to the hospital to have a miscarriage accompanied by his family. The attending doctor found that Yao Mouyi was pregnant at a young age and had abnormal mental development, and that he was likely to be sexually assaulted, and immediately reported it in accordance with the requirements of the mandatory reporting system. On March 22, 2023, the Leling City Procuratorate of Shandong Province prosecuted Yao Moujia on suspicion of rape. On May 18 of the same year, Yao Moujia was sentenced to six years in prison for rape in accordance with the law.
Second, the main practices
(1) Develop an intelligent reporting system to facilitate reporting channels for medical personnel. During the implementation of the mandatory reporting system, some medical staff were reluctant to report suspicious situations for fear of causing doctor-patient disputes and taking up too much time and energy. In order to dispel the concerns of medical staff and ensure the implementation of the system, in 2022, the Leling Municipal Procuratorate and the Health Bureau jointly developed the "Mandatory Reporting Intelligent Reporting System" and embedded it in the hospital diagnosis and treatment system. If doctors find that minors are suspected of being violated such as pregnancy, miscarriage, or multiple injuries to their bodies during diagnosis and treatment, they can use the system to "push relevant information" to the procuratorate, public security, and health departments with one click. After the system was launched, relevant departments carried out joint supervision and special training to vigorously promote the implementation of the mandatory reporting system. In this case, the medical personnel performed their reporting obligations in accordance with the law through the "Mandatory Reporting Intelligent Reporting System" when the criminal suspect and the victim's family agreed to "go private" and did not agree to report the case.
(2) The procuratorate, police, and medical personnel are to cooperate and cooperate to promptly collect fixed evidence and forcefully punish criminal conduct. After the case was discovered, the public security organs, with the assistance of medical personnel, promptly extracted embryonic tissues, fixed key evidence, and the procuratorial organs intervened in a timely manner, laying a solid foundation for the accusation of crimes.
(3) Deeply advance social governance, effectively ensuring the right to education for children with disabilities. In this case, Yao Mouyi was at home because he was out of school, which created an opportunity for criminals to take advantage of. In response to the problem of some children with disabilities dropping out of school exposed by the case, the procuratorate, the education department, and the Disabled Persons' Federation jointly developed the "Legal Supervision Model for the Right to Education of School-age Minors with Disabilities", and through comparing the list of school-age children with disabilities with the list of students in school, to find out the school-age children with disabilities who are not enrolled in school, and then promoted the placement of 26 children with disabilities to study in classes, 1 child with disabilities to attend special education schools, and 10 children with disabilities to be sent to school. On this basis, multiple departments jointly issued the "Implementation Measures on Strengthening the Control of School-age Minors with Disabilities from Dropping Out of School" to institutionalize the protection of school-age children with disabilities to receive education.
3. Typical significance
Medical facilities are an important way and channel to discover clues about violations against minors, and in 2023, 1,581 cases of crimes against minors prosecuted by the procuratorate were discovered through reports by medical personnel. This case is a typical case of medical personnel fulfilling their mandatory reporting obligations. In the face of opposition from the victim's family, doctors persisted in fulfilling their mandatory reporting obligations, and cooperated with the public security and judicial organs to promptly extract and properly store evidence that could be easily destroyed such as biological samples, which played a key role in promptly exposing and effectively punishing crimes. In recent years, the public's understanding and recognition of the mandatory reporting system has been increasing, but there is still a gap between the general acceptance and voluntary compliance with the requirements of the system. Some families are reluctant to protect the rights and interests of minors through legal means after their children have been violated, and there are even cases of guardianship violations, in which parents try their best to conceal criminal acts. The mandatory reporting obligation is a statutory obligation, and its fulfillment is mandatory, and no one may obstruct the fulfillment of the obligation. Personnel and units with mandatory reporting responsibilities should firmly establish a sense of reporting and strictly implement the requirements of the system. Relevant functional departments should strengthen the construction of long-term mechanisms to provide full convenience and guarantee for the implementation of the system. In addition, all departments should strengthen publicity on the mandatory reporting system, raise the public's awareness of the rule of law, promote the formation of a good atmosphere of knowing, understanding, and supporting the report, and strive to reduce the artificial obstacles that reporting entities may face when fulfilling their mandatory reporting obligations.
Case 4
Case of abuse by Gao
-- Responsibility for the implementation of the system is assigned to the individual, weaving a dense network for the protection of minors
1. Basic facts of the case
Yang Moujia and Liu lived together with Gao Moumou after divorcing. Because Yang Moumou A worked outside all the year round, his daughter Yang Mou B (8 years old at the time of the crime) lived with Gao Moumou. From July 2021 to March 2023, Gao Moumou repeatedly beat and abused Yang Mouyi, causing minor injuries. The head teacher, Dong Moumou, found that Yang Moumou was inconvenient to walk, and after careful inspection, he found that his legs were burned and there were many old scars all over his body. Dong Moumou believed that Yang Moumou B might have been violated, so he reported the situation to the school where he was located in accordance with the mandatory reporting requirements, and the school immediately reported it to the education department and the township government, and Han Moumou, a member of the township political and legal committee, immediately reported the case. On November 30, 2023, the People's Procuratorate of Hualong District, Puyang City, Henan Province, indicted Gao Moumou on suspicion of abuse. On January 26, 2024, the court sentenced Gao to one year and six months in prison in accordance with the law.
Second, the main practices
(1) Implement the mandatory reporting system, and digitally empower smooth reporting channels. In order to vigorously promote the implementation of the mandatory reporting system, Hualong District has set up a mandatory reporting liaison team with the heads of the member units of the Leading Group for the Protection of Minors and the members of the township (office) political and legal committee as the main body. The liaison officer is responsible for coordinating the relevant work and supervising the implementation of the system. At the same time, the procuratorate has developed and launched the "Mandatory Reporting e-Platform" to facilitate liaison officers to report clues, refer and dispose of them, and protect and rescue them. In this case, Han Moumou, a member of the township political and legal committee, reported Yang Moumou's suspected infringement through the "mandatory reporting e-platform". Leads are automatically referred through the platform. The liaison officers of each department will carry out corresponding protection work after seeing the platform information. In addition, in order to encourage the general public to report clues on crimes against minors, the district will post the QR code for clues on the e-platform to report on hotels, KTVs and other places with a high incidence of crimes against minors, as well as communities, schools and other areas where minors live and study, and relevant issues can be reported at any time by scanning the code on their mobile phones. The platform has been in operation for two months, and has received more than 90 mandatory reporting clues, filed 4 cases, and jointly assisted 37 people.
(2) Actively perform legal oversight duties, truly preserving the lawful rights and interests of minors. After the occurrence of this case, Yang X A was unwilling to pursue Gao XX's criminal responsibility, and Yang X B was only 8 years old at the time, and was too young to exercise the right to sue, and the procuratorate found that the case was a statutory situation where "the victim did not have the ability to sue" and should be handled as a public prosecution case, and recommended that the public security organs file a case for investigation on suspicion of Gao XX's crime of abuse. On March 23, 2023, the public security organs opened a case for investigation. During the handling of the case, in view of the fact that Yang X A had been working abroad for a long time and was unable to perform his guardianship duties, after soliciting the opinions of Yang X B and his biological mother Liu X B, the case-handling organs instructed Yang X A to sign and change the divorce agreement with Liu X and hand over Yang X B to Liu X for raising. At present, Yang Mouyi has followed Liu to live in other places, and his life and study have returned to normal.
3. Typical significance
The effectiveness of the mandatory reporting system depends on the level of implementation. The Law of the People's Republic of China on the Protection of Minors and the Opinions on the Establishment of a Mandatory Reporting System for Cases of Violations against Minors (for Trial Implementation) of nine ministries and commissions have set out the requirements for a mandatory reporting system. In this case, the mandatory reporting liaison mechanism established in the area where the case occurred is a pragmatic measure to ensure that the responsibility is assigned to the person, the work is connected, and the information is shared during the implementation of the system. Minors who are harmed by domestic violence often dare not or do not know how to use legal means to protect their legitimate rights and interests. Teachers and other staff who have close contact with minors must remain sensitive to abnormal situations of minors, and promptly discover and report suspected violations of minors. Where domestic violence constitutes a crime of abuse, and the minor victim does not have the ability or is unable to make a complaint, the procuratorate shall handle it in accordance with the public prosecution case in accordance with law.
Case five
Case of a hotel in Sichuan fulfilling its reporting responsibilities
-- Lodging operators implement the "five musts" to effectively prevent the occurrence of crime
1. Basic facts of the case
At about 21 o'clock on April 6, 2023, Hu (male, 20 years old at the time of the crime) and the minor Wang Moumou (female, 13 years old at the time of the crime) went to a hotel in Leibo County, Liangshan Prefecture, Sichuan Province to check in. After receiving the report, the police immediately started their work and found Hu and Wang in a timely manner. After verification, Wang asked Hu to play a game that day, and it was late after the end, and Hu proposed that the two of them open a room outside for the night. After learning about the above situation, the police quickly contacted Wang's guardian to pick him up, and seriously criticized and educated Hu.
Second, the main practices
(1) Coordinate the implementation of mandatory reporting and the "five musts", and effectively promote the implementation of reporting responsibilities. In order to consolidate the main responsibility of reporting, the public security organs of Liangshan Prefecture collected all elements of public security information for all hotels in their jurisdiction, signed legal notices and responsibility commitments one by one, carried out regular dragnet investigations, and issued risk reminders in a timely manner for those who found that they had not implemented their reporting responsibilities. In this case, the hotel staff conscientiously fulfilled the mandatory reporting system and the "five musts" provisions, and after discovering that Wang was a minor during the check-in period for Hu and Wang, they inquired in detail about their identity relationship with the people living with them, and promptly reported any suspicious circumstances to the public security organs in the jurisdiction, so that the minors could be removed from the risk of illegal infringement.
(2) Complete working mechanisms to prevent and govern at the source. The Liangshan Prefecture Public Security Bureau has established a mechanism of "two inspections and one exposure", and organizes the public security bureaus of all districts and counties to conduct cross-inspections and random unannounced inspections on the implementation of the mandatory reporting system and the "five musts" in the accommodation industry such as hotels in the state every month, and expose the problems found. The Leibo County Public Security Bureau and the procuratorate regularly hold joint meetings to report and communicate relevant situations, and when transferring cases, they also transfer verification materials on the implementation of mandatory reporting responsibilities.
3. Typical significance
Due to the particularity of the industry, hotels and other lodging establishments are easily used to commit crimes of sexual assault against minors, and lodging operators strictly perform mandatory reporting obligations, implement the "five musts" provisions, and the responsibility to protect minors play an important role in preventing and reducing the occurrence of cases of violations against minors. When accepting minors for check-in, lodging establishments must check the information of the occupants one by one, and ask the minor's parents or other guardians for their contact information and the identity of the occupants; Where suspicion of violations or crimes is discovered, it shall be immediately reported to the public security organs. Relevant departments should strengthen supervision and inspection of the implementation of the mandatory reporting system for hotel and other lodging operators, promptly supervise and rectify those who fail to implement the system, and severely punish and pursue responsibility in accordance with law for repeated failure to reform into serious consequences.