Implement the prohibition of employment and build a "isolation belt" for minors
2022-12-26
The people's court should implement the criminal employment prohibition system into the specific trial work, handle cases strictly according to law, strengthen the work connection, strengthen the publicity of law popularization, and provide a strong guarantee for creating a safe and healthy campus environment. The report of the 20th National Congress of the Communist Party of China pointed out that we should strengthen the construction of teachers' ethics and conduct, and cultivate high-quality teachers. A few days ago, the Supreme People's Court, together with the Supreme People's Procuratorate and the Ministry of Education, issued the Opinions on the Implementation of the Employment Prohibition System (hereinafter referred to as the Opinions). In accordance with the principle that it is most beneficial to minors, the Supreme People's Court has clarified the specific rules, division of duties, work cohesion and other issues of judicial protection, school protection, and social protection with regard to the strict implementation of the employment prohibition system for criminals according to law. The issuance of the Opinions has provided guidance and guidance for the people's court to give full play to its judicial function, strictly implement the prohibition system of illegal and criminal employment of teachers and staff, and protect the healthy growth of minors. Judging from the criminal cases of sexual assault against minors heard by the people's courts in recent years, there are many cases in which teachers and staff members use their own professional convenience to commit indecent acts or rape against students. Such violations against minors with special responsibilities will not only cause serious physical harm to minors, but also lead to serious psychological devastation of minors, which should be severely punished according to law. The people's courts at all levels shall, in accordance with the requirements of the Opinions, seize the key points, break through the difficulties, and innovate the highlights, implement the system of criminal employment prohibition into the specific trial work, handle cases strictly in accordance with the law, strengthen the work connection, and strengthen the publicity of law popularization, so as to provide a strong guarantee for creating a safe and healthy campus environment. We should focus on key issues and handle cases strictly in accordance with the law. In the light of the circumstances specified in Article 62 of the Juvenile Protection Law, that is, whether to make and how to make a decision on employment prohibition in the judgment, the Opinions specify that if the faculty and staff commit crimes such as sexual assault, abuse, trafficking, violence and injury, the people's court shall, in accordance with the provisions of the Juvenile Protection Law, make a judgment to prohibit them from engaging in work in close contact with minors. The central government has made arrangements, the legislation is required, and the people's courts act quickly. On the day of the implementation of the Opinions, the People's Court of Haidian District, Beijing, made the first nationwide judgment declaring a lifelong ban on the defendant in the child molestation case. Subsequently, Gansu, Jiangsu, Hunan, Heilongjiang and other places also announced the "first case" of lifetime ban in each province. The judgment of the above cases has won the support and support of the broad masses of the people and can effectively protect the safe and healthy growth of minors. We should break through difficulties and faithfully perform our duties. In the past, due to the asymmetry of information, individual personnel were able to engage in education despite concealing the criminal situation, with potential safety hazards. In this regard, the Opinion stipulates that the people's court shall, within 30 days after the judgment comes into effect, deliver the judgment document to the education administrative department of the defendant's unit for the criminal case of the teaching staff's crime; When necessary, the education administrative department shall transmit the judgment documents to the relevant competent department. In this way, information sharing between judicial organs and educational administrative departments is realized, which is smooth
Edit:sishi Responsible editor:xingyong
Source:http://rmfyb.chinacourt.org/paper/html/
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