Responding to the changes of the times and the voices of the people, doing a good job in the criminal justice protection of minors

2023-05-26

From 2018 to 2021, procuratorial organs prosecuted 232000 people for crimes against juvenile delinquency, an average annual increase of 6.1%. Among them, sexual assault has become the most prominent crime against minors. From 2019 to 2021, the number of underage victims who have been victims of crime increased from 46000 to 52000, with 56.5% of underage victims under the age of 14. At the same time, the problem of minors suffering from online abuse is prominent. From 2018 to September 2022, the crimes of using the Internet to commit so-called "indecent assault", online contact and offline abuse against minors accounted for 15.8% of the crimes of sexual assault against juvenile delinquency. A considerable portion of these cases have seriously infringed on the legitimate rights and interests of minors, continuously impacting the moral bottom line of the public, with extremely negative impacts and causing widespread attention. In criminal proceedings, due to the abstract nature of relevant legal provisions, the circumstances of conviction and sentencing still need to be further refined in order to more accurately punish such behavior. Under such a background, it is an urgent problem that how to use penalties specifically and properly to crack down on sexual assault against juvenile delinquency according to the new trends and characteristics of sexual assault against juvenile delinquency, through the rational application of criminal policies, to protect the legitimate rights and interests of minors, and to ensure their healthy growth under the protection of the law. The promulgation of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Rape and Indecency against Minors is, to a large extent, a response to the social expectations and public appeals for strict punishment of crimes and greater protection of minors, which clearly and seriously clarifies China's judicial position on sexual assault against juvenile delinquency. The judicial interpretation better reflects how the criminal justice responds to the changes in the criminal structure so as to quickly realize the precise attack on specific criminal acts. Criminal justice must respond promptly to the significant transformation of China's criminal structure. One of the most important changes is that new forms of crime based on network technology are increasingly becoming "mainstream crime". This is not only a natural reflection of the rich application of network technology in the digital economy and even social life, but also a distinct feature of our increasingly networked social life. Traditional crimes such as sexual assault on juvenile delinquency are also increasingly networked, and a large number of criminal acts, part or even all of the criminal process will occur and be completed in the network environment. For example, criminals use the internet to coerce and deceive minors into engaging in naked chatting, demanding nude photos and videos to engage in sexual assault offline, as well as using the internet to spread sexual assault video materials. The risk of behavior is extremely high, and the consequences are difficult to eliminate. The judicial interpretation further clearly stipulates the protection of minors in the network environment, such as coercion or inducement

Edit:Ying Ying    Responsible editor:Shen Chen

Source:rmfyb.chinacourt.org

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