This article is from the public number: Occurrence (ID: to-cure-sometimes) < / a> , author: iso-left, from the title figure: Figure insects creative
To date, the mandatory reporting system in the United States has become increasingly stringent. In addition to the clarification of the idea of ”reporting obligations whenever there is doubt”, workers who have access to children’s information are also required to conceal the facts of child abuse and be sentenced to a fine of $ 300 to $ 10,000 or one if appropriate 5 months in prison.
In 2000, after the “Child Abuse Prevention Law” was promulgated in Japan, national supervision was required, and those who knew about child abuse must promptly report it to the police or welfare agencies.
Under the grim data of China, academia and prosecutors continue to recommend that the “mandatory reporting system” already mature in the United States and Japan be introduced and improved.
When child abuse occurs frequently, it is the bottom line of the times.
In November 2019, Chengdu Carnival Youth Psychological Counseling Center (hereinafter referred to as “Carnival”) , and Beijing Mingsheng Hearing Rehabilitation Center (hereinafter referred to as “mingsheng”) , which have aroused public outrage through the media and Weibo respectively.
According to “South Wind Window” and other reports, carnivals such as “Yu Zhang Academy” have strict levels and punish violence. The students either committed suicide by depression, or got into a mood disorder because of this, “life is better than death.”
In the revelation of the resigned trainee teacher, the physical and psychological humiliation and abuse of hearing-impaired or autistic children are appalling. Such as using a broom fan to slap until bleeding; the environment is messy, the bed is not cleaned with feces; the child is forced to be hungry enough to pick up rice grains, drink toilet water, etc.
After the carnival was investigated, it was closed due to illegal operations. The two responsible persons who were clear voiced were quickly detained by the Yanqing police.
But it cannot be overlooked that the carnival founder Pan Xiaoyang (pseudonym) , under the real name Pan Chang Established a homogeneous institution, “Vilbin”, which closed business 10 years ago due to injuries to students.
After a field visit, I found that Mingsheng, registered in 2018, is close to the village comprehensive treatment center in the area, and opposite is the residents fitness square.
SoPan Chang ’s old industry was revisited; the crimes of the voice have never been discovered and reported, and they are “unbelievable”.
In 2017, I started to work with children (Sexual assault against boys) After reporting, I gradually became aware of the serious situation of child abuse in China. And complicated. At the same time, in sorting out the construction of relevant foreign systems, we are increasingly feeling that we need to improve, too much, and too difficult.
Late Compulsory Reporting System
The World Health Organization defines child abuse as abuse and neglect of children under the age of 18. It includes various physical and (or) emotional abuse, sexual abuse, neglect in a responsible, trusting, or influential intimacy , Negligence, commercial or other exploitation.
According to the data of the Supreme People’s Procuratorate Report, from January 2018 to October 2019, procuratorial organs across the country approved a total of 80,600 cases of arrest and infringement of minors, and prosecuted 10,700 people.
The number of arrests and prosecutions for the whole year of 2018 increased by 18.39% and 6.82% year-on-year respectively; the number of arrests and prosecutions for the first 10 months of 2019 increased by 22.95% and 28.63% year-on-year respectively.
Among them, the cases with strong social repercussions are the case of child abuse in the Ctrip parent-child park in Shanghai, the case of child abuse in the red, yellow and blue kindergartens in Beijing, and the case of malignant injuries to students in Shaanxi Mizhi.
While the judiciary emphasizes “zero tolerance” for child abuse, the “Procuratorial Daily” has also issued a warning, taking only 697 cases of domestic violence reported by the media from 2008 to 2013 as examples. Medical personnel, The report rate of teachers, police and other professional workers is only 10.61%.
In contrast, the U.S. Juvenile Justice and Juvenile Crime Prevention Office has calculated that from 2008 to 2012, there were 3.4 million child abuse reports in the United States, and 59% were reported by professional workers.
Because of the low rate of timely reporting, China ’s child abuse data is not only difficult to display objectively and comprehensively, but also once (Be) < / span> Public and moreDevelop into a bad event.
For this reason, UNICEF has calculated that 74.8% of Chinese children have suffered different forms of abuse. The economic burden caused by physical abuse alone in China-mainly reflected in the direct medical expenses, disability or subsequent depression, suicide, crime and other chain reactions, leading to economic growth and other economic losses when children grow up— — It is equivalent to 0.84% of the gross national product. (about 50 billion US dollars) .
Image Source: Station Cool Hailo
Under severe data, academics and procuratorial agencies continue to recommend that the “mandatory reporting system” already mature in the United States and Japan be introduced and improved.
As early as 1963, the U.S. Children’s Bureau established the Model Whistleblower Law and passed the Child Abuse Prevention and Treatment Act in 1974. It implemented a mandatory reporting system and implemented it on 47 continents.
To date, the mandatory reporting system in the United States has become increasingly stringent. In addition to the clarification of the idea of ”reporting obligations as long as you doubt”, workers who have access to children’s information are also required to conceal the child’s abuse, and will be sentenced to a fine of 300 to 10,000 US dollars or 1 to 5 if appropriate. Months in prison.
Furthermore, in the case of incest, prostitution, child pornography, and other child abuse crimes, if any unreported person is found, it will be found a felony in continents such as Arizona.
In Japan, where the Child Abuse Prevention Law was promulgated in 2000, national supervision is required, and those who know about child abuse must promptly report to the police or welfare agencies.
Meanwhile, localities are required to refine the mandatory reporting system. TokyoThe Child Counseling Center reminds the public through the “Apocalypse Prevention Apocalypse Handbook” to remind the public to report any abnormalities in the child, such as scars and bruises, crying outdoors, not taking a bath for a long time, and being out of temper.
In contrast, in China, only the “Minor Protection Law” vaguely states that any organization or individual has the right to discourage, stop, or file a report or complaint with the relevant authorities for violations of the legal rights and interests of minors.
The shortcoming is that it is neither mandatory nor detailed report body, object and basis.
For this reason, in 2014, the Supreme Law, the Supreme People’s Procuratorate, and the Ministry of Public Security jointly issued the “Opinions on Several Issues Regarding Guardian Infringement of Minors’ Rights and Interests According to Law” in order to explore the direction of the forced child abuse reporting system. .
In April 2018, Xiaoshan District, Hangzhou formulated the Opinions on Establishing a Compulsory Reporting System for Cases of Infringement of Minors, requiring medical and educational institution personnel to discover that minors have been or are suspected of being raped, indecent, abused, abandoned, When violent injury or work injury, fire, falling, drowning, poisoning, suicide and other abnormal injuries or deaths should be reported to the public security organs in a timely manner and records should be kept.
In August, the opinions formulated by Xiaoshan District were determined by the Hangzhou Procuratorate, the Public Security Bureau and the Health and Medical Commission and other departments, and then the “Opinions on the Compulsory Reporting System for Violations against Minors” was promulgated to spread the compulsory reporting system to the city. Level.
Meanwhile, Xiangyang and Guiyang have issued similar opinions. The efforts of the three cities in advance will promote the process of mandatory reporting of child abuse in China.
In December 2019, the Supreme People ’s Procuratorate and the Ministry of Public Security jointly held a press conference, indicating that they are actively working to popularize the mandatory reporting system.
Lack of special child abuse regulations
Once the mandatory reporting system begins, the corresponding judicial procedures must be synchronized. But there is no clear set of child abuse crimes in China.
Related to this are crimes of ill-treatment, insults, intentional harm, and provocation.
The object of the crime of provocation is the public order. Among them, the situation of “beating others at will” is often controversial if it occurs in a relatively closed kindergarten.
The standard of intentional injury is at least minor injury. Which means,There is no binding force on child abuse such as neglect, emotional abuse, and long-term abuse in the name of education.
So, can the crime of insult work? The answer is no. The two standards of insulting crimes are: one is intentional and the other is serious.
The crime of child abuse, which is closest to the crime of child abuse, was only applicable to family members before the implementation of the Criminal Law Amendment (9) .
Now, although the Criminal Law Amendment (9) stipulates that those who have guardianship and care duties, if they abuse minors, the circumstances are bad, they will be punished Term of imprisonment or detention for less than two years, but the standards of the bad plot are vague and the deterrent intensity is insufficient.
As Li Lihua, director of the Beijing Youth Legal Aid and Research Center, said, in terms of child violence alone, China ’s biggest challenge is that it is difficult for perpetrators to face serious legal consequences.
At the level of sexually assaulted children, China’s supporting regulations on the employment restrictions, community alerts, and electronic tracking of offenders are only in their infancy; related sentencing standards are urgently revised. In the case of sexual assault against a boy, the so-called “sodomy” is defined as indecent child in the criminal law, and he will be punished severely in accordance with the regulations on indecent women. (5 years The following terms of imprisonment or detention, those who gather in the public or in public places, are sentenced to more than 5 years in prison) .
As a result, the crime of child abuse cannot be relied on, and the punishment is weak. With the increasing number and extent of child abuse incidents, it has gradually become prominent.
Spotlight stills from American movies
As early as 1889, the United Kingdom enacted the Prevention of Child Abuse and Ignorance Act, which was added to the Prevention of Child Abuse Act in 1894.
In the U.S., the Child Abuse Prevention and Treatment Act was passed in 1974, and states’ identification of child abuse is mostly a felony.
For example, in a case of child abuse in Oklahoma in 2017, parental crimes were similar to those of explicit child abuse. They did not clean up, provided no nutrition guarantees, and caused twins ’sisters to be injured and infected. In this regard, the jury recommended a sentence of 130 years in prison.
In Japan, child abuse legislation has undergone 70 years of adjustments and updates. In the Relief Act (1929), the Juvenile Relief Act (1933) , the Child Welfare Act (1947) , the Child Abuse Prevention Law was promulgated in 2000.
At the same time, the basis for punishing child abuse is also being refined. For example, in the definition of physical abuse, in addition to obvious fractures, stabbing injuries, etc., it also includes cigarette butt burns, carrying children outdoors, and failing to let children eat in time. Even parents arguing in front of their children are classified as psychological abuse.
At the same time, Japan has spared no effort in detailed statistics on child abuse. According to statistics from the Ministry of Health and Welfare and the National Children, the number of child abuse cases in Japan rose to 1380 in 2018, and more than 160,000 child abuse cases were intervened by governments and agencies.
To this end, in 2019, the Japanese Cabinet revised the “Child Abuse Prevention Law” based on this data, and through measures such as promoting corporal punishment-free education, it has once again strengthened measures to prevent child abuse.
At present, with reference to Japan and the United States, China’s call for a special law on child abuse has reached consensus . Laws and education proposals related to the two sessions were also discussed.
Rupture of the comprehensive rescue system
Chen Jingqi, a professor at the Institute of Child and Adolescent Health of Peking University, conducted a survey on the abuse experience of 3577 college and secondary school students in 6 provinces and cities.
According to the 17 childrenThe situation of God and sexual abuse, Chen Jingqi classified the sample into no abuse experience group, 1-2 abuse abuse group, 3-4 abuse abuse group, 5-6 abuse abuse group and ≥7 abuse abuse group.
The research shows that CES-D (Depression Self-Assessment Scale) In addition to increasing categorical order, he has had ≥7 abuse experiences in childhood Of students who seriously considered suicide in the past year were 22.0% (boys) and 32.3% (Girls) ; seriously considering the relative dangers of suicide, it is 22.5 times that of the group without experience of abuse (Girls) .
In addition, students who have experienced childhood abuse have a significant percentage of smoking and drinking, eating disorders, and behavioral violence.
So, a comprehensive rescue system for victims of child abuse is extremely important. Seamless government-civilian interaction is the most efficient way.
Picture source: Station Cool Hailo
The U.S. Department of Health and Human Services has a Children’s Bureau, which conducts a report on Child Abuse every year to provide various types of assistance for abused children. At the same time, the Centers for Disease Control and Prevention continues to implement scientific guidance programs in homes, hospitals, and schools to serve child abuse prevention and assistance.
According to the Centers for Disease Control and Prevention, the amount of government assistance for each child abused is 21Ten thousand U.S. dollars.
In addition, with the efforts of the National Children’s Union of the Trust Fund and the US National Agency for the Prevention of Child Abuse, the governments of all regions and regions in the United States have set up “Child Protection Services” to facilitate rapid placement and Mind and body treatment.
And as many as 161 American civil society organizations, such as child help (Childhelp) , as early as 1900. At present, homogeneous related organizations are located throughout the United States, and the number is difficult to count.
The counselling and helpline set up by Child Help is open 24 hours and offers 170 languages. For different types of child abuse, they are supported by foster centers, community centers, residential treatment centers, claims centers, and homes for special groups.
In Japan, more than 96% of municipalities, villages, and first-level municipalities have established a “children’s regional network.” Governments, schools, police, welfare agencies and civil society organizations need to be involved.
In addition, 206 “Children’s Counseling Units” were set up to cover the whole country in response to timely child abuse assistance.
For children who have lost their guardians or guardians who have lost their “parental rights” due to ill-treatment, the “inner-kindness system” is implemented: after passing rigorous examination by the local, provincial, prefecture, and county-level governments, the in-kind (Can be non-relative) On behalf of the children, the necessary support costs are borne by the local government.
At the same time as government coordination, various enterprises and non-profit “social welfare corporations” have invested in the establishment of child welfare institutions to provide life and counseling for abused children, which has become the norm in Japan.
In contrast, Song Yinghui, director of the Beijing Normal University’s Juvenile Justice and Rule of Law Education Research Center, once said that there are only more than 30 departments and organizations related to child protection in China, but their responsibilities are too fragmented and lack coordination. However, the problem of segmentation and overlap of functions has led to a gap in supervision, making it difficult to integrate and optimize the use of resources.
The UNICEF summary is even more direct: China’s resources invested in the basic public service system for child protection are still very limited, and it lacks systematic, normalized preventive and interventional measures and institutional arrangements. In addition, the number and service capacity of child protection professionals with relevant qualifications need to be improved.
Hu Shi quoted the opinions of friends in “The Problem of Young Kindness”, The expression of national civilizationOne is how to treat children. With regard to the importance of child abuse and the speed of improvement, addressing human nature is even more important to the national character.
References:
[1] Norman, RE, et al .: The Long-Term Health Consequences of Child Physical Abuse, Emotional Abuse, and Neglect: A Systematic Review and Meta-Analysis. < / span>
[2] UNICEF: Child abuse brings 209 billion U.S. dollars in economic burden to countries in the Asia-Pacific region every year
[3] Chen Jingqi: Analysis of violence against children: a study of childhood abuse in 3577 college and technical secondary school students and its association with mental health and behavioral problems < / p>
[4] Cui Haiying: A Study on Prevention and Control of Child Abuse in the United States
[5] Xinhuanet Tokyo: Japan takes a multi-pronged approach to prevent child abuse
[6] Li Dongsheng: A Study on China’s Child Abuse Relief System
[7] Procuratorate Daily: Expecting mandatory reporting system to enter law as soon as possible
[8] Short Calendar: Prevent Child Abuse There are a lot of historical experiences to learn from
[9] Tao Yazhe: Legal protection and enlightenment of abused children in Japan
This article is from the public number: Occurrence (ID: to-cure-sometimes) , author: left iso