Comprehensive judicial protection: let "small saplings" grow into "towering trees"

2022-02-18

"Sister prosecutor, I got my first month's salary! I want to return the money to you..." The child who called Liu Dong, prosecutor of Bazhou District Procuratorate in Bazhong City, Sichuan Province, was a minor xiao'an (pseudonym) who was conditionally not prosecuted by the procuratorial organ for theft in 2021. At that time, after xiao'an compensated the victim for the fare of his migrant workers, it was still not enough. Liu Dong lent xiao'an his money. Now, xiao'an insists on returning the money to Liu Dong: "your trust and help have always warmed me and made me reborn. Now I have become a volunteer and hope to pass this love to more people." Knowing this, Yang Sumei, a staff member of Bazhou District Women's Federation, was gratified: "xiao'an's mother died early, her father's disability can't be controlled, and her child is easy to go wrong. The procuratorial organ contacted us and the village committee to formulate assistance and education programs for xiao'an, issue supervision orders, and carry out family education and guidance. From going astray to growing up healthily, xiao'an's change is the greatest affirmation for us." The healthy growth of children is the country's long-term plan. In recent years, the procuratorial organs have adhered to the implementation of the "No. 1 procuratorial proposal", standardized the integrated working mechanism of "arrest, prosecution, supervision, prevention and education", promoted the unified and centralized handling of juvenile procuratorial services, and strengthened the construction of specialization, standardization and socialization of juvenile procuratorial work, Actively respond to the concerns of the people in the new era about the "better" development of juvenile judicial protection, and escort the healthy growth of minors. Strengthen supervision and pay close attention to implementation Juvenile procuratorial practice written into law A strong youth makes a strong country. Contemporary Chinese children are not only the experience and witness of realizing the first Centennial goal, but also the new force of realizing the second Centennial goal and building a powerful socialist modern country. *** *** This change is a milestone for the judicial protection of minors. In October 2018, in response to a protest case of teachers' sexual assault on school students, the Supreme People's Procuratorate issued "No. 1 procuratorial proposal" to the Ministry of education, which is also the first procuratorial proposal on social governance in the history of the Supreme People's Procuratorate. In order to protect more children from illegal infringement, the Party group of the Supreme People's Procuratorate has never changed its determination to supervise the implementation of the "No. 1 procuratorial proposal". At the national attorney general's (expanded) meeting held recently, the Party group of the Supreme Procuratorate issued a strong voice again: "the 'No. 1 procuratorial proposal' should be followed up 'endlessly' and continuously supervised and implemented." With the deepening of practice, the main content of "No. 1 procuratorial suggestion" has changed from the prevention of sexual assault to the implementation of laws and regulations that comprehensively supervise the protection of minors. "Sexual assault on minors is a social pain point. The procuratorial organ passed the 'No. 1 procuratorial proposal', promoted 'all management' with 'I manage', and let all functional departments take their due responsibilities and take the initiative to perform their duties, which is a powerful embodiment of practicing the 'three self-consciousness'." Li Mingshun, vice president of the Marriage Law Research Association of the China law society, said that in addition to focusing on the traditional criminal prosecution of minors, the procuratorial organs also pay more attention to the use of various means to comprehensively carry out the comprehensive judicial protection of minors. Many explorations and practices have been highly concerned and widely recognized by the 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 employment inquiry, compulsory reporting, one-stop evidence collection for juvenile victims, family education guidance, supervision and support for prosecution, juvenile protection, public interest litigation and other systems and mechanisms. Practice has proved that these explorations are in line with China's national conditions and effective. At the 58th biweekly Consultative Forum of the 13th CPPCC National Committee held on December 24, 2021, some CPPCC members, experts and scholars fully affirmed the procuratorial work of minors and put forward their opinions and suggestions when discussing politics around "promoting the judicial protection of minors' rights and interests". One point deployment, nine points implementation. In order to ensure rigid implementation and make active reporting self-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 compulsory reports had reached 1657, an increase of 4.4 times compared with 306 in 2018. Since May 2021, the Supreme People's Procuratorate has deployed and carried out the special action of legal supervision on the protection of minors of "inspecting and loving peers and protecting the future" in procuratorial organs across the country, further promoting the functional departments and relevant subjects to perform their duties according to law and implement various legal provisions on the protection of minors. The special action will continue until December this year. Be able to perform their duties without stopping Safeguard the legitimate rights and interests of minors to the greatest extent There is no end to the procuratorial work of minors. As the only political and legal organ to participate in the judicial protection of minors in the whole process, the procuratorial organ has been committed to extending the procuratorial work of minors to the front and the back, so that every child and family can have a more real sense of gain, happiness and security. Change according to time and make according to events. Proceeding from the principle of being most beneficial to minors and aiming at realizing the comprehensive judicial protection of minors, procuratorial organs explore and carry out the unified handling of the procuratorial business of criminal, civil, administrative and public interest litigation involving minors by the non procuratorial departments, so as to prevent the protection of the legitimate rights and interests of minors from being managed separately. In April 2020, the Supreme People's Procuratorate issued the opinions of the Supreme People's Procuratorate on strengthening the procuratorial work of minors in the new era, which proposed to comprehensively promote the unified and centralized handling of the procuratorial work of minors throughout the country from 2021. Fu Dongmei, head of the "sister Dongmei" team of the Dong'an District Procuratorate of 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. 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 juvenile protection, The "two laws" and the "opinions of the CPC Central Committee on strengthening the legal supervision of procuratorial organs in the new era" have given greater responsibilities and higher requirements, which have been integrated and implemented in multiple businesses and links. In a case of sexual assault involving minors in the hospital, the suspect still had more than 20 sexual relations with her when she knew that the girl was under 14 years old, and the girl was quickly arrested after her parents reported it. The hospital cooperated with public security, women's Federation and other departments to obtain evidence in a "one-stop" way to avoid "secondary injury" to girls. While severely punishing crimes according to law, the hospital also actively provides psychological assistance to help girls regain sunshine. "While striving to improve the quality and efficiency of case handling, we can also perform our duties. After extensive visits and investigations, we have extended the legal supervision of juvenile protection to other places stipulated by the compulsory reporting system." Fu Dongmei mentioned that in order to form a "protection circle" for minors, the hospital jointly established a "social governance group for the protection of minors in Dong'an district" and countersigned the system documents. "We are duty bound to protect the physical and mental health of teenagers." 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, KTVs and other places within its jurisdiction, further strengthened the publicity and education of law popularization, and built a defense line for the protection of minors with the procuratorial organ. Xu Bin, deputy director of Dong'an branch of Mudanjiang Public Security Bureau, said that the Bureau attaches great importance to and actively solves the problems fed back by procuratorial organs. In the next step, it will focus on strengthening full cooperation with all parties to escort the healthy growth of minors. Collaborative operation and traceability governance Promoting the solution of social governance problems from point to area "I can't carry it! It hurts like peeling off skin. I don't want to wash..." 40% of Xiaolin's skin has tattoos. After a round of washing, Shengsheng still has difficulty removing the tattoos, but Xiaolin's skin starts to be red, swollen and inflamed. "I washed it five or six times a year and spent more than 10000 yuan, but I still couldn't wash it clean." After much inquiry, Kobayashi's mother learned that she had to go to other places to completely clean the tattoo. The price was more than 150000 yuan, and the effect was not guaranteed. Xiao Lin, who lives in the countryside, can't afford such a large sum of money. But if the tattoo is not "removed", Kobayashi is facing the dilemma of being unable to become a regular after the expiration of his internship. This job carries the future he hopes for. Chu Xiaoyan, the judicial and Social Service Center for minors in golden flower, Shuyang County, Jiangsu Province, saw and worried about these situations. "Xiao Lin's situation is by no means an example. All along, children have blind obedience to tattoos, which stems from a 'social' complex, and the supervision of schools, families, society and other aspects is not in place. It is urgent to promote and solve them through legal means." "After tracing the source of the procuratorial organ, the tattoo has been 'managed', and no tattoo shop here dares to tattoo minors." Zhu Manli, deputy to the National People's Congress of Jiangsu Province and director of educational affairs of Shuyang senior high school in Jiangsu Province, said that Suqian procuratorial organs first paid attention to and handled the country's first civil public interest litigation case of tattooing minors, and promoted the National People's Congress of Shuyang County to issue a resolution to explicitly prohibit tattooing minors, giving a new solution to this governance problem. In view of the deep-seated governance problems that need to be solved urgently found in the rectification of tattoos, in October 2021, the Supreme Procuratorate submitted the analysis report on the situation of tattoos to the leading group for the protection of minors under the State Council, which has been highly valued and actively promoted. The efforts of the procuratorial organs go beyond that. Help minors who are unable to register for the college entrance examination due to the disclosure of their criminal records realize their dreams; Make and issue a "supervision and guardianship order" for derelict parents who do not want to control and will not control, and carry out family education and guidance; Severely punish the network "big gray wolf" and protect the personal information of minors Ma Chuankai, deputy to the National People's Congress and director of the Social Service Department of the Central Committee of the Zhigong party, who has been paying attention to the protection of minors, has noticed from a large number of cases that procuratorial organs are becoming more and more like "big parents". They not only pay attention to correction and effective control of children according to law, but also focus on precise assistance and education and comprehensive protection, actively promote social governance innovation, and do their work more and more deeply and carefully. In recent years, procuratorial organs have always adhered to the governance of the source and the source of litigation, pushed forward their work and prevented juvenile cases to the greatest extent. "Through tracing to the source, fewer and fewer cases involving minors have entered the procuratorial link, which is our greatest wish to strengthen the comprehensive judicial protection of minors." A prosecutor of the ninth procuratorial Office of the Supreme People's Procuratorate expressed his ideas to reporters. To realize this vision, we cannot rely on our own efforts. In recent years, the procuratorial organs have constantly given full play to the strength advantages of the social support system in the top-level design and grass-roots practice, actively integrated into other "five protections", promoted "1 + 5gt; 6 = 'reality'", truly formed a joint force for the protection of the whole society, and promoted the modernization of the national governance system and governance capacity. (outlook new era)

Edit:Luo yu    Responsible editor:Wang er dong

Source:jcrb.com

Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email:lwxsd@liaowanghn.com

Return to list

Recommended Reading Change it

Links

Submission mailbox:lwxsd@liaowanghn.com Tel:020-817896455

粤ICP备19140089号 Copyright © 2019 by www.lwxsd.com.all rights reserved

>