Escort the healthy growth of minors

2022-02-10

The biweekly consultation forum of the CPPCC National Committee focused on "promoting the judicial protection of minors' rights and interests"—— Escort the healthy growth of minors Children are the future of the motherland and the hope of the Chinese nation. The protection of minors' rights and interests is related to the healthy growth of teenagers and the happiness of hundreds of millions of families, social harmony and stability and the long-term stability of the country. Judicial protection is an important part of the protection of minors' rights and interests, and plays an important role in the healthy growth of minors. How to fully implement the decision and deployment of the CPC Central Committee on strengthening the protection of minors, better implement the newly revised law on the protection of minors and the law on the prevention of juvenile delinquency, and promote the judicial protection of minors' rights and interests to a higher level? Recently, the National Committee of the Chinese people's Political Consultative Conference (CPPCC) held a two-week consultation forum to invite some CPPCC members, experts and scholars to negotiate and discuss government affairs around "promoting the judicial protection of minors' rights and interests", so as to make suggestions and gather consensus for the healthy development of minors. Enforcing the rule of law: Form a linkage working mechanism for juvenile protection departments In recent years, the parties concerned have done a lot of work around the judicial protection of minors' rights and interests and achieved positive results. On June 1, 2021, the newly revised law on the protection of minors and the law on the prevention of juvenile delinquency came into force. Since then, the opinions of the leading group for the protection of minors of the State Council on strengthening the protection of minors have been printed and distributed to strengthen the implementation of the relevant provisions of the law on the protection of minors from the aspects of strengthening the responsibility of family guardianship and strengthening social protection. However, there are still many blocking points and difficulties in the implementation of relevant laws, and there is a long way to go to strengthen the judicial protection of minors' rights and interests. Zhang Ji, deputy director of the social and Legal Affairs Committee of the CPPCC National Committee, found in the investigation that at present, various departments need to further improve their coordination, cooperation and coordination, the connection between relevant laws and regulations and other policies is not smooth, and the coordination mechanism for the protection of minors has not yet formed an effective linkage working system. "Judicial protection is the last line of protection for the rights and interests of minors." Zhang Ji suggested that a judicial work system and a scientific evaluation and assessment system in line with the law of minors' growth should be established to effectively improve the professional ability of minors' judicial protection. At the same time, we will continue to promote the connection between the judicial protection of minors and the government protection system, form a linkage working mechanism for the protection of minors, strengthen the responsibilities of departments, and effectively protect the legitimate rights and interests of minors. Zhang Ji's proposal was generally recognized by the members present. It is believed that we should give better play to the leading role of the leading group for the protection of minors, improve the division of labor, coordination and connection mechanism of member units, and promote the integration of the "six protections" of family, school, society, network, government and justice. The law on the protection of minors has upgraded the employment inquiry system of personnel in the industry who have close contact with minors to legal provisions to prevent the occurrence of crimes against minors from the source. Fei Wei, a member of the National Committee of the Chinese people's Political Consultative Conference and a first-class inspector of the International Department of the China Disabled Persons' Federation, found the following problems in the entry inquiry system: the scope of inquiry is narrow, and some illegal acts that have not yet constituted a crime are not included; The query system is not perfect, and the local systems are in an "isolated island" state; Insufficient supervision on the implementation of the employment inquiry system in relevant industries. "Promote the employment inquiry system to cover all industries in close contact with minors, and eliminate the blind spots of employment inquiry." Fei Wei suggested to further expand the application scope of employment inquiry and gradually include all illegal and criminal acts that are potentially dangerous to minors in the inquiry scope; Strengthen departmental coordination and information sharing, and improve the national unified crime information base; Strengthen the supervision and assessment of the implementation of relevant industries, and promote the judicial authorities and relevant departments to jointly create an integrated mechanism for the supervision of the implementation of employment prohibition. Treat both symptoms and root causes: Realize the effective connection between national guardianship and family guardianship Family is the first classroom of life, and parents are the children's first teachers. Family custody is the first line of protection for minors. "Behind many problem teenagers, there is often a problem family." Yang Keqin, member of the National Committee of the Chinese people's Political Consultative Conference and former vice president of the National Academy of administration, found in the investigation that some families neglect to perform their guardianship duties and even abuse children due to their parents' divorce and going out to work, resulting in physical and mental harm to minors. Yang Keqin believes that although the basic life is guaranteed, it is difficult to implement the guardianship of children's personal safety, psychological status and emotional needs, which is easy to give birth to minors who are out of control and involved in crime. When minors encounter these problems, how should the government and judicial organs intervene? How to avoid the situation that some irresponsible parents "only give birth but not raise"? "The civil code and the law on the protection of minors have established the institutional arrangements for the guardianship of minors based on family guardianship and based on state guardianship." Yang Keqin said, "it is suggested to introduce relevant supporting policies as soon as possible, strengthen the supervision and guidance of family guardianship, consolidate the main responsibility of family guardianship, refine the working system of temporary guardianship and long-term guardianship, give full play to the role of national guardianship, and realize the effective connection between the two." Yang Keqin also suggested: "Strengthen the punishment of guardians who fail to perform their duties of family guardianship according to law. On the basis of the existing punishment mechanism, consider including the failure to perform their duties of family guardianship according to law into the scope of public security punishment and the joint punishment mechanism for dishonesty. For minors who commit crimes or are infringed due to lax discipline and absence of guardianship, the procuratorial organ shall issue a 'supervision and guardianship order' to guardians 。” Tong Jianming, deputy Procurator General of the Supreme People's Procuratorate, responded on the spot: "in the future, we will continue to strengthen the supervision of family guardianship, and solidly promote the implementation of the 'supervision and guardianship order' and the family education and guidance of minors involved in the case." The law on the protection of minors clearly stipulates the compulsory reporting system for violations against minors. However, Yan Huiying, member of the National Committee of the Chinese people's Political Consultative Conference and Deputy Secretary General of the China Group Corporation Promotion Association, found in the survey that most people do not understand the compulsory reporting system. The scene of harm to minors in daily life is regarded as "housework" in the traditional concept. "The key to protecting minors from harm lies in early detection, early prevention and early punishment." Yan Huiying believes that it is the common responsibility of the whole society to prevent minors from being infringed, and a unified and efficient compulsory report acceptance and disposal mechanism should be established. In this regard, she suggested clarifying the legal responsibility of the relevant responsible subjects for failing to perform the reporting obligation, and the relevant functional departments should supervise and guide the implementation of the mandatory reporting system in the competent industries and fields. For those who fail to perform the mandatory reporting obligation and do not constitute a crime, they should support the accountability by means of discipline and industry management norms. Social co Governance: Provide strong support for the judicial work of minors One of the important contents of strengthening the judicial protection of minors is to cultivate the concept of discipline and law-abiding and the awareness of self-protection according to law. Schools are an important position for legal education and publicity. At present, some primary and secondary schools have some problems, such as the marginalization of legal education, the inability of teaching materials and teachers to keep up with practical needs, and the uneven coverage of Vice Principals of the rule of law. In this regard, Guo Guirong, member of the National Committee of the Chinese people's Political Consultative Conference and vice chairman of the Xiamen Municipal Committee of the Chinese people's Political Consultative Conference, suggested strengthening the publicity of law popularization such as the law on the protection of minors and the law on the prevention of juvenile delinquency, giving full play to the role of schools as the main channel for law popularization, optimizing teaching materials and legal teachers, and enhancing minors' awareness of learning, understanding and abiding by the law. "We will further promote the 'Introduction' of rule of law resources and the 'going out' of students' rule of law education. In accordance with the principle of 'graded appointment, local proximity and two-way selection', we will attract excellent legal talents to serve as Vice Principals of the rule of law. We will make full use of the rule of law education base, regularly carry out immersive rule of law education practice activities and carry out all-round rule of law education." Guo Guirong said. As a social force, judicial social workers (hereinafter referred to as judicial social workers) have unique professional advantages and play an important role in the prevention of juvenile delinquency, the correction of juvenile delinquency and the reduction of recidivism. The law on the protection of minors encourages social organizations and social workers to participate in psychological intervention, legal aid, education and correction of minors in cases involving minors. Li Lijuan, member of the National Committee of the Chinese people's Political Consultative Conference and associate professor of the normal college of Qinghai University for nationalities, who has been engaged in social work education for a long time, found that due to the relatively weak social forces at this stage, In carrying out the judicial protection of minors, the judiciary has to undertake a lot of socialized work. In Li Lijuan's view, the intervention of judicial social workers can effectively improve the return to school and work rate of relevant minors and reduce the recidivism rate of delinquent minors. To this end, she suggested that national standards for juvenile judicial social work services should be introduced as soon as possible, judicial social workers should be included in the public legal service system, and pilot work for full-time judicial social workers should be carried out. "We should also strengthen the professionalization and specialization of judicial social workers, strengthen the connection and cooperation between colleges and universities and courts, procuratorates and other departments in the training of judicial social workers, make the talent training more 'match between supply and demand', and improve the rank promotion, salary system and commendation and reward system of judicial social workers." Li Lijuan said. For Li Lijuan's suggestion, Fei Wei, who has been engaged in social organization work for a long time, feels the same: "graduates majoring in social work, sociology and psychology can play a very good role in social organization." She suggested that in the linkage mechanism of juvenile protection, young people should be given more opportunities to play a role in the front-end of juvenile protection. "The construction of judicial social work is an important aspect of the combination of specialization and socialization of procuratorial organs." Tong Jianming said that the Supreme People's Procuratorate will take the introduction of national standards for judicial and social work services as an opportunity to continue to build a platform and provide support, promote the continuous development and growth of the social work team, and provide more powerful support for the judicial work of minors. (reporter Yang Hao) (outlook new era)

Edit:Luo yu    Responsible editor:Wang er dong

Source:People's Daily

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