Minors are the future of the motherland and are protected by law from criminal offences, involving the well-being of hundreds of millions of families and the stability of society and the future development of the country. At present, sexual abuse of minors is increasing, and such crimes cause serious damage to the physical and mental health of minors and have a negative impact on society. In order to actively implement the hlpc's “prosecutional recommendation no. 1”, this paper provides recommendations on measures to prevent and punish sexual offences against minors by analysing the causes of the cases。
I. Analysis of the causes of crimes against minors
1. Legal awareness of the subjects of the crime, natural causes and other social factors. One is the low level of legal awareness. Unlike the new type of crime, rape, as a traditional crime, has for many years continued to be practised mainly by farmers and unemployed persons, accounting for about 70-80 per cent of cases, while about 80 per cent of the subjects have a lower education level. This group is large, limited by economic level, educational status, low legal awareness and relatively high crime potential. The second is the social stigma associated with the sex ratio of births. The sex ratio of our born population, which began in the mid-1980s, has long been above the normal theoretical values and has been somewhat reduced, but still high, as fertility policies have been adjusted. The gender imbalance in the proportion of the long-term born population shows that, according to the data of the seventh national census, the male population is 34. 9 million more than the female population. In the case of the older population, the difference between the married and the male population is even more pronounced. Many married young men are unable to marry and become so-called “skinsticks”, which may lead to social problems, including an increase in the risk of physical abuse of minors。
2. The web is full of bad information. One is the widespread impact of online pornography. A number of websites, dating software and so on, have published a great deal of pornographic information that has not been effectively contained and eradicated, and some of them have often evaded it by changing their websites, and the dissemination and impact of bad information has become a breeding ground for sexual assault. Second is the ease of communication between networks and the reduced cost and difficulty of crime. Suspects can quickly establish contact with strangers by means of microclinism, strangers, etc. The crime is often preceded by fabricated justifications to deceive the victim to commit the offence。
3. The industry of accommodation, recreation, etc. Is operating in an unregulated manner, with multiple management and unclear responsibilities. The irregular operation of hotels, hotels, etc. Has become a high-profile place for sexual assault against minors. Some hotels, hotels and hotels do not strictly apply the system of residence, entry and exit registration and do not impose effective restrictions on the accommodation of minors; some allow men to stay with minor women, without questioning the identity of the resident or the contact information of his parents or guardians; others fail to report the case to the public security authorities in a timely manner after a suspected offence has been found or the case has been committed。
4. Inadequate education and guardianship of minors, resulting in weak self-protection. One is the delay in sex education for minors. Although in recent years there has been an increase in the attention paid by families and schools to education on the rule of law and sex education for adolescents, there is still a general lack of awareness, awareness and resistance to sexual abuse, as well as limited mental and social development. Second, minors with mental disorders, rural residuals, single parents, special hardship cases and family custody are not in place. Such groups are in a difficult situation and need more parental care, family warmth and social attention. Owing to the special nature of the family environment, however, parents tend to take care of them in a “sustained” manner, which provides an opportunity for offenders to be targeted。
Recommendations for responses to punish and prevent crimes against minors
1. Maintaining a high level of pressure, increasing the severity of penalties and severely combating crimes against minors. The investigative authorities are further strengthening their awareness of the evidence, deepening the evidence of the crime, focusing on the timeliness and comprehensiveness of the evidence collection, securing the evidence base and regulating the procedure for cases of aggression against minors. The public prosecution service must take full advantage of the “one-size-fits-all” advantage of criminal prosecution, focusing on detailed and thorough examination of the evidence, ensuring that the crime of sexual assault against a minor is prosecuted in accordance with the law, and that strict recommendations for punishment are made in accordance with the law. It is also necessary to strengthen communication with investigative and judicial authorities and to harmonize law enforcement measures in order to achieve effective coordination of efforts。
2. Strengthen the rule of law and guarantee the legitimate rights and interests of minors. One is to focus on key populations. (b) to promote comprehensive sexual education in schools and among parents, to enhance the capacity of minors to recognize the risks of sexual assault and to protect themselves, and to ensure that guardians effectively exercise their guardianship responsibilities. The integration of sexual education of minors with the “rule of law at school” campaign and the role of the public prosecutor as vice-chancellor of the rule of law has contributed to the development of normality and institutionalization. Second, focus on priority regions. In rural and rural areas, where there is a high incidence of cases, legal literacy is promoted and integrated into safe villages and rule of law villages. At the same time, crime prevention and community building are promoted in tandem. Thirdly, there is a focus. (c) to promote the idea of the self-protection of minors and their awareness and ability to report cases and preserve evidence as soon as possible after they have been committed。
3. To strengthen social governance in a comprehensive manner through sector-based partnerships. One is to cleanse the network environment and strengthen the information dissemination platform. The internet, public security and cultural authorities have further improved the system of regulation of the internet, launched a “net net” operation and strengthened the management of poor web information, including pornography. The second is to strengthen the regulation of the accommodation and entertainment industry. It is recommended to further clarify the responsibilities of the authorities in the residential and entertainment industries and to improve strict regulations for the accommodation services. In particular, it urges small hotels to operate legally, to comply with public order, to ensure the timely and accurate registration of information on their occupants, and to put in place security measures such as surveillance and surveillance. In the case of unusual accommodation, it is promptly reported to the public security authorities. Third is strengthening social governance at the grass-roots level. (c) to establish a mechanism for the defence of rights under the auspices of the government of the party committee, to increase risk screening, to establish a baseline number of children with mental disabilities, those who remain behind and those who are single, to conduct regular visits, to take full advantage of the role of “women heads” and “children directors” of the community, village groups, and to include the detection of cases of sexual abuse of minors in the duties of a networker。
Contribution: yamayang inspection
