True Accountability, Strict Investigation, and Compulsory Reporting System "Grow Teeth"

2023-05-17

We should make full use of legal weapons, exhaust accountability methods, and use diverse responsibilities to strengthen the bottom line of mandatory reporting obligations for hotel and other business entities, so as to detect, report, and intervene in potential violations of minors early. Do underage girls suffer serious mental damage due to sexual assault and the hotel involved in the case fails to fulfill their mandatory reporting obligations, and are they liable for infringement? Recently, a reporter learned from the People's Procuratorate of Hong'an County, Hubei Province that when handling a case of sexual assault on minors in a certain hotel, the court requested compensation for mental damage from the hotel to support the prosecution of the minor victim. After the first instance judgment of the court, the hotel compensated the minor victim with a compensation of 50000 yuan for mental damage. On the basis of administrative penalties imposed by the public security organs, the court has ruled that hotels that fail to fulfill their mandatory reporting obligations shall bear the responsibility for mental damage compensation to minors who have suffered sexual assault. This has clarified the infringing nature of the hotels involved, increased the cost of illegal liability for the hotels, further clarified the legal red line, and embarked on a new judicial path to deeply explore the liability of the infringing subject and comfort the pain of the minor victims. According to the relevant judicial interpretation, the civil suit collateral to criminal proceedings only aims at the material losses caused by criminal acts. The people's court generally does not accept the civil suit collateral to criminal proceedings or separate civil proceedings for mental damage compensation due to criminal infringement. In judicial practice, in response to the above-mentioned cases of minors being sexually assaulted due to the hotel's failure to fulfill mandatory reporting obligations, regulatory authorities often impose administrative penalties on the hotel or directly responsible personnel. There are few successful cases where the hotel is held responsible for mental damage compensation, and even the legal level does not have a unified and clear understanding of the nature of the hotel's infringement behavior in such cases. The positive significance of this case lies in the fact that the procuratorial organs, in the process of initiating public prosecution, combined with the serious infringement of the physical and mental health of the minor Xiaoling, clarified the infringement liability relationship between the hotel involved in the case and Xiaoling's sexual assault and physical and mental health, which was caused by the hotel's failure to fulfill its obligations such as accommodation registration, check-in inquiry, and mandatory reporting in accordance with the law, and the failure to fulfill its safety and security responsibilities. Based on soliciting opinions from Xiaoling and her guardians, Support Xiaoling in filing a lawsuit for mental damage compensation against the hotel involved in the case. The court supported Xiaoling's claim, stating that the hotel in question was at fault for violating the legal registration obligation, and that the fault behavior, along with the criminal behavior of Shen and Fang, jointly caused Xiaoling's damage. The hotel should bear the corresponding compensation responsibility. The civil support prosecution of the procuratorial organs and the judgment of the court have reached a consensus, forming a qualitative and definite responsibility judicial loop. This not only broadens the accountability space in individual cases, but also makes infringing hotels pay a greater legal cost, safeguarding the rights and interests of underage victims. It also has a leading value in breaking the ice, and has strong demonstration and reference significance for judicial departments at all levels to handle similar cases. The hotel has strong personnel mobility and a relatively hidden environment, making it a high-risk area for illegal and criminal activities such as sexual assault. It is also a key "care area" for legal protection of the rights and interests of minors. The Law on the Protection of Minors clearly states that when hotels, guesthouses, hotels, and other accommodation operators receive minors for check-in, or when they receive minors and adults for co check-in, they should inquire about the contact information of their parents or other guardians, as well as the identity relationship of the check-in personnel

Edit:Zhou Shu    Responsible editor:Jia Jia

Source:rmfyb.chinacourt.org

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