582 total views, 4 views today
Promulgation Date: 2020-5-7 Title: Opinions on Establishing a Mandatory Reporting System for Cases of Violations Against Juveniles (Provisional) Document Number: Expiration date: Promulgating Entities:最高人民检察院 国家监察委员会 教育部等 Source of text: https://www.spp.gov.cn/spp/xwfbh/wsfbt/202005/t20200529_463482.shtml#1
To the people's procuratorates, supervision commissions, education departments (education committees), public security offices (bureaus), civil affairs offices (bureaus), justice offices (bureaus) , health commissions, communist youth league committees, womens federations of each province, autonomous region, directly-governed municipality, and the Xinjiang Production and Construction Corps:
In order to truly strengthen the full and comprehensive judicial protection of minors and to promptly punish violations and crimes against minors, the "Opinions of the Supreme People's Procuratorate, State Supervision Commission, Ministry of Education, Ministry of Public Security, Ministry of Justice, National Health Commission, Chinese Communist Youth League Commission, and All-China Womens Federation on Establishing a System for the Mandatory Reporting of Violations Against Minors" are hereby released to you; please earnestly implement and enforce them.
Article 1: These Opinions are drafted on the basis of the "PR.C. Criminal Procedure Law", the "P.R.C. Law on the Protection of Minors", the "P.R.C. Domestic Violence Law", the "P.R.C. Law on Practicing Physicians", and related laws and regulations together with actual conditions in efforts to protect minors, so as to truly strengthen the full and comprehensive judicial protection of minors and to promptly punish violations and crimes against minors.
Article 2: Mandatory reporting of violations against minors means that state organs and all types of organizations authorized by laws and regulations to exercise public authority aw well as legally-prescribed public employees, and all organizations and persons working in industries closely connected to minors, who discover in their work that minors have suffered, or are suspected of having suffered, unlawful violations or those who face a threat of illegal violations, shall immediately report the case or give information to the public security organs.
Article 3: "Organizations in industries closely connected to minors" as used in these Opinions refers to enterprises and public institutions, basic-level mass autonomous organizations, and social organizations that lawfully have special duties towards minors such as for education, care, medical treatment, aid, or guardianship, or those that do not bear such special duties but have close contact with minors. This primarily includes: Residents (villagers) committees, Primary and secondary schools, kindergartens, extra-curricular training institutions, off-campus activity centers for minors, and other educational establishments and school transportation service providers; day care centers and other day care service establishments; hospitals, maternal and child health-care institutions, emergency rooms, clinics, and other medical treatment establishments; child welfare establishments, care and management institutions, institutions for the aid and protection of minors, and social work service institutions; hotels, inns, and so forth.
Article 4: Discovery in the course of work that minors have suffered or are suspected of having suffered unlawful violations, as well as those confronting a threat of unlawful violations, as used in these Opinions includes:
(1) the genitals or private parts of minors have suffered or are suspected to have suffered abnormal injuries;
(2) A minor female under the age of 14 has suffered or is suspected of suffering a sexual violation, is pregnant, or has an abortion [or miscarriage];
(3) A minor female over the age of 14 has suffered or is suspected of having suffered a sexual assault leading to pregnancy or abortion [or miscarriage];
(4) Minors' bodies have multiple injuries, serious malnutrition, or unconsciousness, or there are circumstances such as having suffered domestic violence, bullying, abuse, beatings, or having been drugged;
(5) Minors are injured or die as a result of suicide, self-harm, workplace injury, poisoning, being drugged, or beaten, other abnormal reasons;
(6) Minors are abandoned or left unattended for a long period;
(7) minors are found who have unclear origins, are lost, or have been trafficked or sold;
(8) Minors have been organized for begging;
(9) Other circumstances of serious physical or psychological violations of minors or of minors who are currently facing threats of unlawful violations.
Article 5: Where a case is reported or informed upon to the police based on provisions of these Opinions, it should be reported and recorded as required by the competent administrative organ.
Article 6: Units, institutions, organizations, and individuals with the capacity for initial verification may conduct a preliminary verification of minors suspected of having suffered unlawful violations, and send these materials to the public security organs when making a report or giving information.
Article 7: When medical treatment establishments and their practitioners accept minors for treatment who have suffered, or are suspected to have suffered, physical or psychological injury, they shall remain highly vigilant, write a record as provided, and store relevant medical history materials.
Article 8: After public security organs receive reports or information on suspected violations of minors' rights and interests, they shall immediately accept them, make inquiries to understand the initial case circumstances, and make a record. Where based on the specific circumstances of the case, there is a suspected violation of public security administration, the case is to be accepted and reviewed; and where there is a suspected crime, lawfully open a case and investigate. Where they are not within their jurisdiction are to be promptly transferred to a public security organ with jurisdiction.
Article 9: Public security organs investigating cases of violations against minors shall follow the legally-prescribed procedures to promptly and fully collect and fix evidence. In cases of violent crimes against minors, and cases of high public interest or sensitivity, the public security organs and people's procuratorates shall strengthen consultation, communication, and cooperation in case-handling.
When public security organs and people's procuratorates lawfully collect records, surveillance materials, witness testimony, and other evidence as needed from the people or units that reported cases, the relevant units and their staffs shall actively assist and cooperate, and fully provide it in accordance with relevant provisions.
Article 10: Public security organs shall give feedback on case progress to the unit that reported in within three days of accepting or opening the case, and inform the unit reporting the case before transferring it to be reviewed for prosecution.
Article 11: The people's procuratorates shall truly strengthen oversight of the opening of cases of violations against minors. Where they find that public security organs are required to open a case but have not, they shall request that the public security organs explain the reasons for not opening a case. Where they find that the reason for not opening a case is not sustained, they shall notify the public security organs to open a case and the public security organs shall immediately do so upon receiving the notice.
Article 12: Where public security organs and people's procuratorates discover that minors need protection and assistance, they shall entrust or join with the civil affairs departments, communist youth leagues, womens federation, or other mass organizations to carry out necessary financial aid, medical care, psychological intervention, investigation and assessment, and other protective measures for the minors and their families. Where juvenile victims have special financial difficulty, the judicial organs shall promptly initiate judicial assistance.
Where public security organs and people's procuratorates discover that the parents or other guardians of minors are not lawfully performing their guardianship duties, or have violated the lawful rights and interests of minors, they shall admonish them or order them to receive family education and guidance. Where corrections are not made after education, and the circumstances are serious, punishment shall be given in accordance with law.
Public security organs, womens federations, residents committees, villagers committees, aid management institutions, and child aid and protection institutions that discover minors have suffered domestic violence or face a real threat of domestic violence, may lawfully apply to the people's court for a personal safety protection order on behalf of the minor.
Article 13: Public security organs, people's procuratorates, and judicial administrative organs, as well as competent administrative organs such as for education, civil affairs, and health, shall preserve the confidentiality of informant's information. Where matters in the report, about the acceptance of the report, or the informant's information are illegally stolen or leaked, punishment is to be given in accordance with law.
Article 14: Relevant units, organizations and their staff shall pay attention to protecting minors' privacy, and strictly protect the confidentiality of information such as the identities of minors involved in a case and the case circumstances, to strictly prevent its transmission through the internet or other means. Where it is transmitted on one's own accord, give public security administration punishments or pursue criminal responsibility in accordance with law.
Article 15: Lawfully protect relevant units and their staffs' performance of mandatory reporting responsibilities, with those reporting violations against minors as provided not bearing legal responsibility in resulting disputes; and lawfully pursue the legal responsibility of those who interfere with or obstruct reporting organizations or individuals.
Article 16: Where units that have reporting obligations and their staffs fail to perform their reporting duties, causing serious consequences, the competent administrative organs or that unit is to give corresponding penalties to the responsible managers or other directly responsible persons; where a crime is constituted, pursue criminal responsibility in accordance with law. Where relevant units or the management of units obstruct reporting by staff, punishment should be heavier.
Article 17: Where public employees who excercise public authority do not emphasize mandatory reporting efforts over a long period and do not put the required mandatory reporting systems in place, the supervision commission shall lawfully pursue accountability of relevant units and the negligent personnel based on the circumstances and consequences, with those who are suspected of violations or crimes abusing public office being investigated and handled in accordance with law.
Article 18: The people's procuratorates are to lawfully conduct legal oversight of the implementation of these Opinions. Where in the course of relevant work it is discovered that relevant units have inadequate enforcement or management of these Opinions, they may use methods such as issuing a procuratorial recommendation to conduct oversight and make corrections.
Article 19: Where as a result of prompt reporting, minors who suffered violations received appropriate protections and criminals were lawfully punished, the public security organs, people's procuratorates, and civil affairs departments should promptly give feedback to their regulatory departments on the relevant circumstances and either independently or jointly give awards and commendations to the relevant entities and personnel.
Article 20: The departments in charge of units with mandatory reporting responsibility shall guide and spur the implementation of these Opinions by responsible units within the scope of those departments functions, and use methods such as annual reports and unscheduled inspection tours to review the implementation of these Opinions. Emphasize strengthening guidance and training to truly raise the level of relevant units and individuals' awareness and capacity for protecting minors.
Article 21: All levels of supervision commission, people's procuratorate, public security organs, judicial administrative organs, departments of education, civil affairs, and health, and women's federations and communist youth league organizations shall strengthen communication and exchanges, periodically reporting on work and promptly researching new situations and issues appearing in practice.
Each department is to establish a interdepartmental joint conference system, clarifying the contact persons for mandatory reporting, clearing contact channels, strengthening connections between efforts and information sharing. The people's procuratorates are responsible for the daily work arrangements of the interdepartmental joint conference system.
Article 22: Relevant units should strengthen publicity on mandatory reporting of violations against children to enhance the entire society's awareness of protecting minors and awareness of the struggle against violations and criminal activity against children, to gain understanding and support, and to create a positive social atmosphere.
Article 23: These Opinions take effect from their date of issue.