The Guarantee and Perfection of Juvenile Public Interest Litigation System

2022-12-01

Article 106 of the newly revised Juvenile Protection Law (hereinafter referred to as the Juvenile Protection Law) in 2021 stipulates that if the legitimate rights and interests of minors are infringed and public interests are involved, the procuratorial organ has the right to bring a public interest lawsuit. This article responds to the needs of the times for the protection of minors' public interests, and provides a preliminary legal basis for the system construction of minors' prosecutorial public interest litigation (hereinafter referred to as "prosecutorial public interest litigation"). From the perspective of judicial practice, each region has its own understanding of relevant policies. In order to improve the uninspected public interest litigation system in line with the judicial concept of minors and the national conditions of China, it is necessary to further confirm the basic principles of the system, the scope of accepting cases and the operation of litigation rights. 1、 The purpose and starting point of the system: Article 4 of the newly revised juvenile protection law clearly stipulates the principle of "being most beneficial to minors", which can be called the "imperial clause" for the protection of minors. Compared with Article 3 of the juvenile insurance law before the amendment, this principle requires respect for the personal dignity of minors, protection of their privacy and personal information, and listening to the opinions of minors, on the basis of making it clear that "the State gives special and priority protection to minors according to their physical and mental development characteristics". This improvement overcomes the previous single perspective of adults "protecting" minors, strengthens respect for minors' rights subject status, gives priority to protecting minors' rights and interests from the perspective of minors as rights subject, and maximizes minors' interests. The principle of being most beneficial to minors, as the purpose of the public interest litigation for non prosecution, includes two dimensions. First, the interests of minors have priority over those of adults, requiring special protection and priority protection. In the construction of relevant systems, priority should be given to the rights and interests of minors, attention should be paid to the conditions necessary for the healthy growth of minors and their self-development, and the basic interests, development interests and independent interests of minors should be explored. Second, to maximize the interests of minors, the judgment is based on the position of minors, rather than the position of adults. In terms of interest content, minors should be given more opportunities to express themselves and participate in more fully, so as to avoid "aphasic" minors becoming the object of punishment in the judicial process. Based on this purpose, in the practice of uninspected public interest litigation, we should actively listen to the opinions of minors, respect and encourage minors to express their wishes and make choices, and record and understand the true inner thoughts of minors through professional means such as psychological consultation and communication, sand table games and other methods. The principle of being most beneficial to minors is also the starting point of the system of public interest litigation for non prosecution. In practice, the cases of minors' public interests being infringed are relatively special. Usually, the infringement process is long-term, hidden, and the consequences of infringement are not immediately apparent, even quite serious. However, close relatives are sometimes less informed and the clues of the case are hidden, which requires the supervision of a third party. However, the modern "risk society" environment has aggravated the systematic risks in the fields of minors' food and medicine, space environment, online life, etc., which requires the juvenile justice field to make adaptive adjustments to the rights and interests of the minors. The system of uninspected public interest litigation is the product of responding to this reality and emerging at the historic moment. Its establishment and development can more timely, effectively and directly safeguard the public interests of minors and help minors

Edit:sishi    Responsible editor:xingyong

Source:http://society.people.com.cn/n1/

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