Empowering Minors to Protect Public Interest Litigation Integration through Digital Prosecutors

2024-01-04

The construction of digital juvenile prosecution is the implementation and concrete manifestation of the digital prosecution strategy in juvenile prosecution work, and it is also a necessary path for the integration of public interest litigation for the protection of minors. The procuratorial organs should make efforts in the construction of basic data platforms, data security guarantees, and data application support for the construction of digital minors, actively coordinate relevant departments to carry out cooperation, integrate and promote the work of public interest litigation for the protection of minors, and form a joint governance force. According to the requirements of the "2023 Key Points for Juvenile Prosecution Work" issued by the Supreme People's Procuratorate, procuratorial organs should actively build a digital juvenile prosecution work model with "business leadership, data integration, technical support, and emphasis on application". Based on specific work practices, the author believes that efforts can be made to build an integrated system of public interest litigation for the protection of minors under the digital prosecution strategy from the following four aspects. 1、 Digital Unchecked Practice: Taking the integration of resources and business leadership as the overall plan, the first is to coordinate the implementation of the "Four Major Prosecutors" for minors. During the process of handling criminal cases involving minors, the procuratorial organs shall examine whether the civil and administrative rights and interests of specific minors, as well as the public interests of unspecified minors, have been harmed, and evaluate the necessity of synchronous supervision; When handling civil, administrative, and public interest litigation cases involving minors, we should simultaneously consider whether they involve criminal offenses, search for other case clues, and improve the effectiveness of comprehensive protection for minors. In order to establish a comprehensive protection pattern for the rights and interests of minors in a broader field, it is particularly important to strengthen the exploration and application of big data in juvenile prosecution work, such as accelerating the construction of the "supervision model for sexual assault cases of minors" and strengthening the supervision support for discovering abnormal judgment problems through data comparison; Accelerate the construction of the "conditional non prosecution assistance and education investigation model", and strengthen the data empowerment and effectiveness of comprehensive protection of minors by fully utilizing various forces. The second is to continuously promote the deep integration of various prosecutorial big data and public interest litigation for the protection of minors. The work of non prosecution involves the "four major prosecutions", and the integration of public interest litigation also involves the "four major prosecutions". Only by achieving an organic combination of various prosecution big data and public interest litigation work for the protection of minors can the principle of maximizing the interests of minors be effectively implemented. Firstly, consciously optimize criminal prosecution through digital prosecution. In handling criminal cases involving minors, the juvenile prosecution department should pay attention to identifying social issues related to the protection of minors through data collision, explore and promote supervision of similar cases, and promote the resolution of difficult criminal governance issues involving minors in its jurisdiction through the issuance of prosecutorial suggestions, filing public interest lawsuits, and other means. Secondly, consciously optimize civil prosecution through digital prosecution. The civil procuratorial work involving minors involves a wide range of areas, with a huge amount of data and information. In handling civil cases, the non prosecution department should pay attention to analyzing and judging massive data, systematically summarizing the characteristics of abnormal case information related to the protection of minors, and accurately identifying the precise entry point for civil public interest litigation supervision. Thirdly, consciously optimize administrative prosecution through digital prosecution. Administrative procuratorial work is an important way to promote the construction of a rule of law government. In handling administrative cases, the procuratorial department should promptly discover any illegal administration or failure to actively perform their duties by administrative organs that have caused damage to the rights and interests of minors

Edit:Ying Ying    Responsible editor:Shen Chen

Source:jcrb.com

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