Reporters learned from the National Prosecutors' Meeting and the National Procuratorate Procuratorial Work Conference held in Beijing from January 18th to 20th that the Secretary of the Party Group and the Procurator-General of the Supreme People's Procuratorate Zhang Jun emphasized that it would attract and force minors Participants in criminal organizations shall strictly prosecute and put forward suggestions on sentencing. This should be implemented as a judicial prosecutorial policy.
The reporter learned that in order to implement the above-mentioned judicial procuratorial policy, the Supreme People's Procuratorate will also vigorously promote the amendment of the criminal law. Combining the protection of minors with anti-crime and public interest lawsuits, the implementation of the Supreme People's Procuratorate's work in 2020 is immediately outstanding. This National Conference of Prosecutors also specially set up a National Procuratorial Work Conference for Juveniles (hereinafter referred to as the “inspection committee”), which shows that the Supreme People ’s Court attaches great importance to uninspected work.
Adults draw in to force minors to join criminal organizations
Strict prosecution and re-sentencing suggestions
The reporter learned from the meeting that when deploying the implementation of the "Prosecution No. 1 in 2020", the Attorney General Zhang Jun emphasized that "combined with the special struggle to combat crime and eliminate evil, we must step up our efforts to crack down on crimes against the rights and interests of minors. Anyone who attracts or compels a minor to participate in a criminal organization will prosecute severely and put forward suggestions for sentencing. This should be implemented as a judicial prosecutorial policy. "
In a video released by the Supreme Procurator New Media, Zhang Jun's prosecutor revealed the specific considerations of the above-mentioned strict and strict judicial prosecutorial policy-
"Some criminal organizations induce minors to become members of criminal organizations, and once they are committed, let them go out and plead guilty. For those under 16 years of age, some crimes are not held criminally responsible; those who should be held criminally lenient, this is statutory The reason for being lighter. How can it be allowed? We are already deploying. The Supreme People's Procuratorate must propose legislative amendments to the legislature, and amendments to the criminal law must be added. Like instigating crimes, attract minors and persuade minors to join criminal organizations. , We will strictly pursue criminal responsibility. "
As the Attorney General Zhang Jun pointed out at the non-prosecution meeting, many minors are both victims of crimes and disruptors of social order, persuading other minors to be involved in crimes and accomplices. Protecting minors and letting the future healthy growth of the motherland be relevant to social harmony and stability and the long-term stability of the country, is also the due meaning of modernizing the country's governance system and capacity.
"Prosecution No. 1"
And follow up "infinitely"
The reporter learned from the meeting that in 2019, the national procuratorial organs paid close attention to the protection of minors, and continued to follow up and implement the "Procurement Recommendation No. 1."
The meeting informed that on October 19, 2018, the Supreme People ’s Procuratorate issued the “Procurement Proposal No. 1” to the Ministry of Education for the issue of sexual assault on campus. Procuratorial agencies in various places quickly followed up and supervised the implementation. This suggestion has been truly implemented, so that more children can be protected from unlawful violations. Therefore, we must pay close attention to it and focus on it for three to five years, and strive to achieve the maximum results.
According to statistics, since the "Procurement Proposal No. 1" was issued until June 2019, the procuratorial organs jointly visited the education department to visit more than 25,000 primary and secondary schools and kindergartens. In 2019, the Supreme People's Procuratorate and the Ministry of Education went to 8 provinces and cities to investigate and supervise, and inspected 26 schools on the spot. Starting from mandatory reports on sexual assault on campuses and closed management of girls' dormitories, they promoted the improvement of the law on the protection of minors; more than 3,000 national-level procuratorates Prosecutors and more than 20,000 prosecutors serve as deputy principals of rule of law in elementary and secondary schools, including prosecutors of 32 provincial courts. Severely punish crimes against minors, conduct special research on serious crimes against younger minors, and promote the establishment of a grading intervention system for crimes.
Talking about the procuratorial tasks in 2020, Zhang Jun's procurator emphasized that the "Prosecution No. 1" should be followed up "infinitely" and continued to be supervised and implemented.
The reporter never learned from the prosecution meeting that the procuratorial organs' urging to implement the essential requirements of the "Procurement Proposal No. 1" is to implement the relevant laws and regulations on the protection of minors into practice and truly form political, rule of law, and procuratorial supervision. "Three consciousness", with sexual assault cases as the starting point and breakthrough point, and more importantly, "Prosecution No. 1 Procurement" as the traction, to help functional departments perform their duties in accordance with the law, and better promote the protection of minors in social governance.
At the non-inspection meeting, the Attorney General Zhang Jun specifically mentioned that the two tasks are not equal, and they must report to the Party Committee, the Political and Legal Committee, and work with the relevant departments to promote the implementation. One task is to address the problem of high rates of recidivism for sexual assault. Procuratorial agencies in Zhejiang, Shanghai, Chongqing, Guangdong and other places have jointly explored the establishment of a sexual assault crime information database and a job enquiry system. The effect is very obvious. Zhang Jun's inspector general said that Shanghai Screening has identified 26 people. Doesn't that keep these potential "great wolf" out? !! Another task is to address the problems of minors who find it difficult to find and late to discover. Hubei, Fujian, Henan and other places have established a compulsory reporting system for cases of violations of minors. Education, medical, civil affairs, and village (neighborhood) committees and their Any staff member who finds that a minor has suffered or is suspected of being illegally infringed shall have the obligation to report the case.
The reporter learned that both systems have been absorbed by the revised draft of the Law on the Protection of Minors and the Law on the Prevention of Juvenile Delinquency. The Supreme People's Procuratorate is actively promoting implementation in conjunction with relevant ministries and commissions to establish a national-level system and mechanism more effectively as soon as possible.
In addition, the procuratorial organs will also launch new measures to promote the social governance in researching and promoting the construction of specialized schools (formerly known as "work-study schools"), researching and editing cases involving minor protection, and improving and perfecting the system of juvenile criminal record storage. The system and capabilities have been continuously improved.
The protection of minors' rights will become
One of the key points for exploring "wait" outside public interest litigation
The meeting revealed that the protection of minors' rights and interests will become one of the new areas for the expansion of public interest litigation cases this year.
In response to public interest litigation, the Attorney General Zhang Jun emphasized that we must focus on implementation in 2020. We must not only handle cases in the "4 + 1" field clearly empowered by the law, but also actively respond to the masses in a highly responsible spirit. Strong public welfare lawsuits in the areas of safe production, protection of minors' rights and interests, network infringement, poverty alleviation, protection of cultural relics and cultural heritage, etc., provide a practical basis for improving legislation.
The reporter learned that “Tobacco stores sold cigarettes to students in violation of regulations, and Beijing Haidian Procuratorate conducted special supervision of administrative public interest litigation” was selected as one of the top ten legal supervision cases in 2019.
In April 2019, the prosecutor of the Haidian District Procuratorate in Beijing investigated and visited nearly 100 tobacco and liquor operating stores around 30 primary and secondary schools, and found that some vocational high schools and businesses around the primary and secondary schools not only did not have the qualification to sell tobacco, they also secretly Sell cigarettes to children. The Haidian District Procuratorate issued pre-litigation procuratorial recommendations to relevant departments, asking them to perform their duties and strengthen management. This case of public interest litigation is a useful exploration made by the procuratorial organs in focusing on the protection of the rights and interests of minors, and in “foreign” areas of public interest litigation. (Zhang Bojin)