Cctv news: On the afternoon of May 31st, the Supreme People’s Procuratorate held a meeting to "protect the flowers with peers — — Strengthen the comprehensive performance of minors’ network protection, inform the procuratorial organs of the main situation of promoting minors’ network protection, release relevant typical cases, and answer questions from reporters.
Na Yanfang, director of the Ninth Prosecutor’s Office of the Supreme People’s Procuratorate, introduced the situation that the procuratorial organs focused on the crux of cyberspace, comprehensively and actively performed their duties, and further promoted the network protection of minors.
First, based on the combination of criminal punishment and accurate assistance and education, resolutely curb the momentum of cyber crimes involving minors.
First, severely punish cyber crimes that infringe on the rights and interests of minors according to law. Procuratorial organs have always adhered to the "zero tolerance" attitude, severely punished the crime of using minors to commit telecommunication network fraud according to law, and severely cracked down on criminal activities such as using the network to "molest" minors from a distance, infringing on minors online and offline, building and operating pornographic websites involving minors, using instant messaging tools and live broadcast platforms to spread obscene articles involving minors, infringing on minors’ personal information, etc., and maintained a strong blow and shock, and resolutely avoided making cyberspace a child’s injury, parents’ pain and social pain. From 2020 to 2022, procuratorial organs prosecuted 7,761 people suspected of using telecommunication networks to infringe on minors. Prosecuting crimes such as "obscene from a distance", "online contact, offline sexual assault" accounts for nearly one-sixth of the crimes of sexual assault against minors.
The second is to punish and help minors suspected of cybercrime according to law. Procuratorial organs adhere to the combination of punishment according to law and accurate assistance and education, accurately identify the status and role of minors in cyber crimes, and take more targeted measures to improve the effectiveness of education and probation. For serious crimes, resolutely punish them according to law, so that minors involved in crimes can fully feel the majesty of the rule of law. From 2020 to 2022, procuratorial organs prosecuted 7,221 minors suspected of using telecommunication networks to commit crimes. For minors who are not subjectively vicious, have minor crimes, are first-time offenders, occasional offenders, and have positive repentance, they are "tolerant and not indulgent, strict and loving" while being given a lighter punishment according to law. From 2020 to 2022, the procuratorial organs applied conditions not to prosecute 2,749 minors suspected of helping the crime of information network crime, and helped the minors involved in the crime to correct their mistakes, get lost and return to society through targeted and accurate assistance and education.
Second, give play to the advantages of centralized and unified handling of minor procuratorial business, and comprehensively protect the legitimate rights and interests of minors in cyberspace.
First, multi-dimensional rescue and protection of underage victims. For minors who have been infringed by the internet, comprehensive rescue and protection will be carried out in time, and with the help of professional strength, the relevant units such as education, civil affairs, the Communist Youth League, women’s federations, and the Working Committee will provide psychological counseling, psychological assistance, loss recovery, life assistance, and employment resumption, so as to help juvenile victims get rid of the shadows, get out of difficulties, and return to normal and happy study and life as soon as possible.
The second is to strengthen the protection of civil rights and interests of minors. In view of the situation that minors’ civil rights and interests in cyberspace are frequently damaged but difficult to defend their rights, procuratorial organs help minors to safeguard their legitimate rights and interests according to law by providing legal advice and guidance, urging guardianship and safeguarding rights, and supporting civil prosecution. For minors who exceed their age and intelligence in online consumption, webcasting, game sparring and other scenes, the procuratorial organs help minors safeguard their rights and interests and resolve disputes by supporting prosecution according to law. In the case of minors’ personal information and privacy disclosure and network intrusion, the procuratorial organs can effectively protect minors’ personality rights by supporting the filing of infringement lawsuits and the application for prohibition of infringement of personality rights according to law.
The third is to actively promote the protection of public interests of minors. In view of the infringement of minors’ personal information by some short video platforms, the bottomless marketing of food for minors by e-commerce platforms, and the existence of drug-related audio and video information on online platforms, the procuratorial organs actively and steadily perform the procuratorial function of public interest litigation, urge administrative departments to fully perform their supervisory duties according to law through administrative public interest litigation, and make network operators bear civil responsibilities through civil public interest litigation, so as to promote the rectification and solution of problems and effectively safeguard the public interests of minors. From 2020 to 2022, procuratorial organs filed a total of 341 public interest litigation cases involving minors’ online rights and personal information protection.
The fourth is to do a good job in handling cases and guiding rules. The Supreme People’s Procuratorate focused on the difficult issues of minors’ network protection, and successively issued No.43, No.141 and No.174 guiding cases, clarifying a series of rules for handling cases, such as criminal prosecution of "indecent assault from a distance", network protection of public interest litigation jurisdiction across administrative divisions, and civil support prosecution of network contract disputes, and providing case guidance and rule guidance for handling similar problems. The Supreme People’s Procuratorate issued a number of typical cases such as the protection of personal information of minors, the procuratorial supervision of big data empowerment, and the governance of emerging formats, providing reference and guidance for all localities.
Third, promote the comprehensive management of minors’ network protection and build a "firewall" for minors’ network security.
The first is to issue the "No.6 Procuratorial Proposal". The Supreme People’s Procuratorate has sorted out the new characteristics and trends of cyber crimes involving minors. In view of the chaos of cyberspace infringing on minors’ physical and mental health, in 2020, it specially issued the "No.6 Procuratorial Proposal" to promote relevant departments to jointly promote the comprehensive management of cyberspace infringing on minors’ rights and interests.
The second is to help the industry rectify. In 2021, the Supreme People’s Procuratorate informed the National Network Information Office of the handling of the case, and put forward suggestions such as carrying out special industry governance, compacting the responsibility of network operators, promoting the improvement of algorithm rules by Internet companies, and promoting the long-term mechanism of network security.
The third is to deepen the governance of the source of complaint. Focusing on the source of network protection problems, local procuratorial organs have actively promoted the treatment of the source of complaints and treated both the symptoms and root causes, aiming at the outstanding problems that are harmful to the healthy growth of minors, such as indulging in online games and being infringed by bad information, through talks and consultations, information notification, procuratorial suggestions, public interest litigation, and cooperation with the "card-breaking" and "net-cleaning" actions, and strive to eliminate hidden dangers in cyberspace.
The fourth is to work together to build a security line. Adhere to prevention first, and guide minors to use the Internet safely through various ways, such as carrying out the rule of law on campus, prosecutors serving as vice presidents of the rule of law, issuing "supervision and guardianship orders", and publicity and education on network security, so as to effectively prevent network crimes. Cooperate with families, schools, society, government, network supervision departments and network enterprises to jointly manage and effectively prevent, and work together to build a network security defense line for minors.
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