Strictly implement the prohibition system and protect the "young you"

2022-11-28

On November 15, the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Education officially issued the Opinions on the Implementation of the System of Prohibition of Employment (hereinafter referred to as the Opinions). According to the Opinions, if teachers and staff commit crimes such as sexual assault, maltreatment, trafficking, and violence, the court shall rule against them from engaging in close contact with minors, that is, they shall not engage in close contact with minors for life. On the same day, Beijing Haidian Court made a first instance verdict on a case of child molestation. Wang, an external tutor of a school who repeatedly molested a 10-year-old girl, was sentenced to fixed-term imprisonment, and was also sentenced to a life ban on employment - prohibiting him from working in close contact with minors. "Opinions" came into reality from paper, and caused a "warm" response from public opinion. The reason why the public opinion is "warm" is that the "black hand" that extends to children has been successfully caught, and more importantly, it is the first criminal case in the country where the Juvenile Protection Law is applied, and the teaching and administrative personnel who sexually assault minors have been declared to be prohibited from engaging in close contact with minors for life in accordance with the law. It can be predicted that this "first case in China" will serve as a landmark case to serve as a powerful deterrent and warning at the social level, provide strong support for guiding and standardizing the professional ethics and behavior of teachers and staff, protecting the legitimate rights and health of minors, and purifying the campus environment, and gradually show its role and influence. Many investigations have shown that a typical feature of sexual assault against minors is the crime committed by acquaintances. Schools and training institutions are important temporary guardianship places for minors. Teachers and staff have a lot of opportunities to contact minors closely alone. Once sexual abuse occurs, it must be long-term, and the rate of recidivism is high. Announcing lifelong prohibition on the teaching staff who infringe on minors is equivalent to building a permanent "firewall" and "isolation belt" for minors, which can avoid exposing children to the same danger for the second time. This complete isolation is necessary. In combination with the above-mentioned Opinions, the "business" in which the teaching staff are sentenced to lifelong prohibition of employment for crimes such as sexual assault, abuse, trafficking and violence, is further defined as "close contact with minors", rather than limited to the original industry; In addition, the Opinions also made it clear that the relevant judgments of the teachers and staff who committed crimes would be "copied" to the education administrative department where the defendant unit is located. The clarification of the trial rules on lifelong prohibition of employment and the optimization of the connection between different "systems" will, to a greater extent, plug the loophole of the criminal teaching staff who are fleeing to other places and re engaging in the same business. Of course, as reflected by some voices, there is a problem of opposition and balance between the rights of children and the rights of teachers and staff who commit crimes. However, it is worth repeatedly emphasizing that children are vulnerable groups in our society in a broad sense, and the protection of their basic rights is related to the most basic social equity and justice. Strict protection of minor children is not only based on the realistic consideration of social defense, but also an inevitable requirement of the principle of maximizing the interests of children. It is exciting that the employment prohibition system aimed at protecting minors has been strengthened. However, one of the preconditions for its implementation is that these demons that violate minors are no longer hidden in the dark. In other words, no one reports such violations, and no amount of legal punishment can be exerted

Edit:sishi    Responsible editor:xingyong

Source:https://epaper.gmw.cn/gmrb/html/

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