Optimizing the Performance of Prosecutors and Promoting the Protection of the Rights and Interests of Minors
2024-02-07
The revised Law on the Protection of Minors and the Law on the Prevention of Juvenile Delinquency have constructed a "six major protection" pattern for minors with Chinese characteristics. In the context of the implementation of the "Two Laws", procuratorial organs should adhere to the special principles of protecting minors and procuratorial supervision, continuously optimize the path of procuratorial performance, actively integrate judicial protection into other "Five Protections", and achieve the maximum value of procuratorial performance involving minors. Strengthen judicial protection and effectively safeguard the legitimate rights and interests of minors. One is to implement "two-way protection". Accurately grasp the special laws of cases involving minors, adhere to the policy of "education, persuasion, and rescue" and the principle of "education as the mainstay, punishment as a supplement", and punish and accurately assist minors involved in crimes in accordance with the law. Punish crimes against minors in accordance with the law, and strive to curb the high incidence of criminal cases such as sexual assault and violent harm to minors; Build and make good use of a "one-stop" inquiry and assistance case handling area, coordinate the provision of psychological intervention, economic assistance, legal assistance, transfer placement and other protective measures, and strengthen the care and assistance work for underage victims. Explore the establishment of a mechanism for connecting the work of procuratorial organs and specialized schools, and promote the application of specialized education and correction measures for minors who do not need to be punished due to not reaching the age of criminal responsibility, minor criminal circumstances, minors who are not prosecuted with conditions, and minors who have other serious misconduct. The second is to deepen comprehensive performance of duties. The procuratorial organs, through the centralized handling of juvenile prosecution services and the organic integration of various functions of the "Four Major Prosecutors", can more timely and effectively carry out source control for cases involving minors. To strengthen systematic thinking, in the process of handling criminal cases involving minors, it is necessary to examine whether the civil, administrative rights and public interests of minors have been harmed, and to evaluate the necessity of synchronous supervision. The opposite is also true. For cases involving multiple cross disciplinary prosecution services discovered, comprehensive supervision methods such as investigation and review should be utilized, and criminal, civil, administrative, and public interest litigation supervision methods should be coordinated and synchronized to achieve comprehensive judicial protection. Actively perform duties in accordance with the law, and promote the integration and development of the "six major protections". One is to actively integrate into family protection. Based on the problems discovered during the handling of cases, we will continue to deepen the guidance of family education, increase supervision of inadequate guardianship, and strengthen the defense line for the protection of minors in their families. Relying on social forces to conduct social investigations on minors involved in the case, conduct in-depth analysis of the serious misconduct, criminal behavior, and the lack of family guardianship and improper family education methods behind the infringement of minors, and evaluate and confirm the correlation between inadequate family guardianship and the problems of minors involved. In response to the lack of guardianship and improper parenting methods for minors, emphasis is placed on implementing a "one case, one policy" approach. By issuing supervision orders, receiving family education guidance orders, developing personalized tutoring plans with the participation of guardians, and linking professional family education guidance to social forces, efforts are made to supervise and guide assistance in parallel, promoting the parents or other guardians of the involved minors to fulfill their guardianship responsibilities in accordance with the law. The second is to actively integrate into school protection. Pay close attention to the implementation of the "No. 1 Prosecutor's Proposal", rely on supervision and handling of cases to promote mandatory reporting and mandatory investigation of campus sexual assault cases, and deepen the law on the appointment of prosecutors
Edit：Wangchen Responsible editor：Jia Jia
Source：jcrb.com
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