The Supreme People’s Court issued judicial documents to comprehensively strengthen the judicial protection and crime prevention of minors.

  Children are the future of the motherland and the hope of the nation. In order to actively adapt to the new situation and new tasks of juvenile protection and comprehensively improve the level of juvenile judicial protection and crime prevention, on May 30th, the Supreme People’s Court issued the Opinions on Comprehensively Strengthening Juvenile Judicial Protection and Crime Prevention.
  In recent years, cases of juvenile delinquency and infringement of legitimate rights and interests have occurred from time to time, which has aroused widespread concern in society. People’s courts adhere to the problem orientation and make greater efforts in both punishment and prevention, so as to actively perform their duties and integrate family, school, society, network, government and other juvenile protection and crime prevention work. After in-depth investigation and extensive consultation, the Supreme People’s Court formulated this judicial document.
  The Opinions adhere to the guidance of the Supreme Leader’s Socialism with Chinese characteristics Thought in the new era, thoroughly implement the Supreme Leader’s rule of law thought, and highlight the new ideas, new ideas and new requirements for judicial protection and crime prevention of minors in the new era. The Opinions adhere to the principle of being most beneficial to minors, actively explore trials, working methods and institutional mechanisms suitable for minors’ physiological and psychological characteristics, and consolidate the care and protection of minors; Firmly establish the concept of crime prevention at the front end, adhere to the principle of loving and strictly managing, managing early and managing small, refine and compact the responsibilities of caring for and protecting minors such as family, school, society and network, and timely resolve and eliminate all kinds of negative factors that may breed juvenile delinquency or infringement.
  The Opinions are divided into five parts and 42 articles, respectively, from five aspects: overall requirements, strengthening the trial of cases involving minors, promoting the materialization of "three trials in one" of criminal, civil and administrative cases involving minors, promoting the integration of "six major protections" and strengthening organizational guarantee, and putting forward clear guiding opinions and requirements for the outstanding problems in the current judicial protection and crime prevention work for minors.
  The "Opinions" attach great importance to the healthy growth of minors’ physical and mental health, and call for actively exploring trial methods suitable for minors’ physical and mental characteristics, paying attention to minors’ physical and mental health, being good at discovering problems of sexual orientation, promptly resolving and eliminating all kinds of negative factors that may breed minors’ illegal and criminal behaviors, and earnestly "grasping the front end and preventing diseases". In the trial of family cases involving minors and civil and administrative cases involving school protection, the healthy growth of minors’ body and mind should be considered in a more important position. For example, in civil cases involving minor children, such as divorce, support and visits, we should do a good job of "caring for minors" to guide the parties to ensure the healthy growth of minor children and reduce the adverse effects on minors due to family changes; How to determine the custody right in divorce cases with many contradictions and disputes in practice has clarified the principle of respecting the wishes of minors; For cases where minors are infringed, it is required to fully consider the characteristics of minors and determine the compensation fee; When there is a conflict of interest between guardians and minors in practice, it is stipulated that minors can be appointed as litigation agents to better protect their legitimate rights and interests.
  The Opinions emphasize that the criminal policy of combining leniency with severity should be accurately implemented, the principle of "education, probation and salvation" should be implemented according to law, the principle of "education first, punishment second" should be adhered to, the social harmfulness of criminal acts should be accurately grasped and judged, and the growth experience of minors and the deep-seated reasons leading to crimes should be fully considered to save minors involved in the case to the maximum extent. We will never tolerate those who are deeply subjective, vicious and harmful, especially those who refuse to mend their ways, and resolutely punish them according to law to ensure judicial justice. For example, in the trial of juvenile criminal cases, we insist on "teaching through trial", and carry out targeted court education according to the actual situation of juvenile defendants’ personality characteristics and criminal behavior to promote their rehabilitation; For cases where minors are manipulated and used to commit illegal crimes, it is more prominent to severely punish adults who organize crimes; In cases of sexual assault and forced prostitution of minors, we will adhere to a zero-tolerance stance and severely punish them according to law.
  The Opinions emphasize the establishment of a "three trials in one" trial mechanism, the integration of criminal, civil and administrative accountability mechanisms, the establishment of a clue transfer mechanism, a criminal-civilian connection mechanism and a public interest litigation connection mechanism, the full integration of trial resources, and the promotion of one-time settlement of disputes and source governance. For infringement cases that are not investigated for criminal responsibility because they have not reached the age of responsibility, the scope of compensation shall be determined in accordance with the civil code; For cases where guardians are lazy in performing their guardianship duties or even infringe upon the legitimate rights and interests of minors, violate legal obligations in hotels, hotels, e-sports hotels and other places and Internet platforms, and are at fault in inducing minors to commit crimes or be infringed, we will refine the situation in which relevant subjects bear legal responsibilities, urge relevant subjects to earnestly perform their duties of protecting minors and preventing minors from committing crimes, and ensure that problems involving minors are managed and the remedies for infringed rights and interests are unimpeded.
  The Opinions promote the continuous implementation of family protection and school protection by leading guardians to perform guardianship duties, strictly handling student bullying, and properly handling campus disputes. By establishing a case-by-case analysis of the causes of crimes, the implementation of the "mandatory reporting system", the analysis and reporting mechanism of the implementation of legal obligations in related places and the special analysis and reporting mechanism of network protection, we will promote social protection, network protection and government protection, and change relevant work measures from "optional" to "mandatory", not only analyzing relevant cases case by case, but also explaining them when commenting on cases, so as to increase judicial performance. From paying attention to accountability and punishment afterwards to paying equal attention to protection and prevention afterwards, we can effectively avoid "small mistakes" from turning into illegal crimes and minor violations into criminal violations, and build a full-chain, multi-level and effective protection network for minors. Strengthen the construction of vice presidents of the rule of law, strengthen communication and cooperation with schools and education administrative departments, actively carry out publicity and education on the rule of law suitable for minors, strengthen the interpretation of cases, innovate publicity forms, enhance the systematization and pertinence of publicity on the rule of law, highlight the awareness of rules, the awareness of the rule of law and the awareness of responsibility, and educate and guide the majority of minors to respect the law and abide by the law.
  The relevant person in charge of the Supreme People’s Court said that the people’s court will take the release of the Opinions as an opportunity to give full play to the role of the trial function, to actively perform their duties to promote the implementation of the law on the protection of minors and the law on the prevention of juvenile delinquency, to promote the integration of the "six protections", to curb various factors that breed juvenile delinquency with excellent measures, and to promote the healthy growth of minors. (Reporter Qiao Wenxin)

  Fa Fa Fa [2024] No.7
  The Supreme People’s Court about
  Opinions on comprehensively strengthening the judicial protection of minors and crime prevention and control

  Children are the future of the motherland and the hope of the nation. In the new era and new journey, the whole society is more concerned about the all-round healthy growth of children, which puts forward new and higher requirements for the protection of minors’ rights and interests and crime prevention. The people’s courts shoulder heavier responsibilities and face greater challenges. In order to comprehensively strengthen the judicial protection of minors and crime prevention, and effectively improve the level of protection of minors’ rights and interests, this opinion is formulated in accordance with the Law of People’s Republic of China (PRC) on the Protection of Minors, the Law of People’s Republic of China (PRC) on the Prevention of Juvenile Delinquency and other relevant laws and regulations, combined with the actual work of the people’s courts.
  I. General requirements
  1. Guiding ideology. Adhere to the guidance of the Supreme Leader’s Socialism with Chinese characteristics Thought in the new era, thoroughly implement the Supreme Leader’s thought on the rule of law, conscientiously study and implement the important exposition of the Supreme Leader’s General Secretary on children’s work, plan and promote the judicial protection and crime prevention of minors from the political height of comprehensively promoting the construction of a strong country and the great cause of national rejuvenation with Chinese modernization, firmly establish the concept of judicial protection of minors in the new era, and practice socialist core values. Carry forward the spirit of socialist rule of law, and actively perform their duties according to law to promote the integration of family protection, school protection, social protection, network protection, government protection and judicial protection, so as to create a good rule of law and social environment for the comprehensive and healthy growth of minors.
  2. Basic principles
  (1) adhere to the principle of the most beneficial to minors. Always put the protection and development needs of minors’ rights and interests in the first place in the judicial protection of minors, respect the personal dignity of minors, protect the reputation, privacy, substantive rights and litigation rights of minors involved in the case according to law in combination with their growth and physical and mental characteristics, implement the concept of "special, priority, two-way and comprehensive" protection at all stages and links, and fully safeguard and guarantee the legitimate rights and interests of minors.
  (2) Adhere to the principle of integrated performance. Deepen the comprehensive trial reform of "three trials in one" of criminal, civil and administrative, strengthen systematic thinking, adhere to comprehensive protection, pay attention to the protection of civil administrative rights and interests of minors, the prevention and punishment of criminal offences and the maintenance of public interests, highlight the problem orientation, improve the working mechanism, join hands with all parties to substantially solve the outstanding problems that infringe on the legitimate rights and interests of minors, promote the transformation of relief protection after the event to prevention and management before the event, and build a full-chain, all-round and three-dimensional network for the protection of minors.
  (3) Adhere to the principle of paying equal attention to case handling and promoting governance. Handle cases involving minors fairly and efficiently according to law, and ensure the organic unity of political, social and legal effects in handling cases. While handling the case, deeply analyze the deep-seated problems in family protection, school protection, social protection, network protection and government protection reflected in the case, and promote the integration and synergy of the "six major protections" with more effective judicial protection, adhere to both punishment and prevention, treat both the symptoms and the root causes, and do solid source management and system management.
  (4) Adhere to the principle of integrity and innovation. In view of the new situation and situation of juvenile judicial protection, we should thoroughly sum up the laws concerning juvenile justice, and actively explore new mechanisms and methods that are conducive to strengthening the protection of juvenile rights and interests and crime prevention and control in light of local conditions. Adhere to the combination of top-level design and grassroots initiative, comprehensively promote theoretical innovation, institutional innovation and practical innovation of juvenile justice protection, and constantly transform the advantages of juvenile justice system in Socialism with Chinese characteristics into the comprehensive efficiency of juvenile protection.
  II. Strengthening the trial of cases involving minors
  (1) Strengthening civil and administrative trials involving minors.
  3. Enhance the concept of juvenile protection and crime prevention. Focusing on the protection of minors and crime prevention, we should actively explore the trial methods suitable for the physical and mental characteristics of minors. In civil and administrative trials, we should pay attention to the physical and mental health of minors, be good at discovering the problems of sexual orientation, resolve and eliminate all kinds of negative factors that may breed juvenile delinquency in time, and do a good job of "grasping the front end and treating the disease before it happens."
  4. Establish a rapid handling mechanism for cases involving minors. Open up a "green channel", protect civil and administrative cases involving minors’ rights and interests based on the principle of convenience and efficiency, realize priority filing, rapid trial, timely judgment and efficient execution, and effectively protect minors’ legitimate rights and interests.
  5. Strengthen education and litigation guidance. Focusing on the protection of minors’ all-round and healthy growth, we pay attention to the targeted education and litigation guidance for minors, guardians and other related personnel from the aspects of legal provisions, social morality and the law of minors’ physical and mental development. In divorce cases involving minor children, we should do a good job of "caring for minors" and guide the parties to properly handle matters related to support, visit and property for the purpose of ensuring the healthy growth of minor children.
  6. Do real mediation work. In civil cases, except for the confirmation of identity relationship, which is not suitable for mediation, attention should be paid to mediation. With the consent of both parties, social watchmen, close relatives of minors, schools, streets, neighborhood committees and village committees may be invited to participate in case mediation. Administrative cases should actively carry out mediation before litigation. In the case of administrative compensation, compensation and the exercise of discretion by administrative organs as stipulated by laws and regulations, we should pay attention to achieving the best handling effect through mediation in the trial process.
  7. Appoint agents in litigation in time. In civil litigation, if there is a conflict of interest between a minor and his guardian, the people’s court may promptly inform other legally qualified guardians to determine the minor’s agent through consultation; If negotiation fails, the people’s court shall appoint an agent among them. If a minor has no other person with guardianship qualification according to law, the people’s court may designate relevant organizations as agents as stipulated in Article 32 of the Civil Code.
  8. Reasonable determination of direct dependents. In cases involving support, if a minor child has reached the age of eight, he should fully listen to his opinions and respect his true wishes. When minor children express their wishes or state facts to the people’s court, the people’s court may notify social care personnel or other suitable personnel to be present. Accompanying personnel can assist minor children to express their true wishes. When necessary, the people’s court may ask and listen to the opinions of minor children independently, and provide a friendly environment suitable for the psychological characteristics of minors to ensure their privacy and safety. If the opinions expressed by minor children are not conducive to their healthy physical and mental growth, the people’s court shall explain them and make a judgment on the basis of the principle that is most beneficial to minors.
  9. Properly handle cases of visiting rights. For the case of visiting rights, the people’s court shall, according to the actual situation of the case, specify the time and method of visiting in the judgment document. If the person who does not directly support the child cannot meet and visit because of going out to work and other reasons, the people’s court may guide the parties to actively give their children family care by telephone, letters, internet, video connection and other means.
  The party who does not directly raise the minor children shall visit the minor children in accordance with the time and manner determined by the agreement, judgment of the people’s court or mediation without affecting their study and life, and the party who directly raises them shall cooperate. If they refuse to assist, the people’s court may educate and admonish them until compulsory measures such as detention and fines are taken according to law. If the visit is not conducive to the physical and mental health of the minor children and the parties request to suspend the visit, the people’s court shall make a ruling according to law if it considers it necessary to suspend the visit after consulting the opinions of both parties and the minor children and finding out the facts. If a minor child requests a visit from his parents, or a grandparent or grandparent requests a visit from his grandchild, the people’s court shall adjudicate according to the specific circumstances of the case and the principle of being most beneficial to the minor.
  10. Properly handle cases involving minors’ infringement. If a minor causes damage to others, the guardian shall bear the tort liability. If a guardian performs his guardianship duties, his tort liability may be reduced. If the people’s court finds that the guardian has not performed his guardianship duties correctly, it shall admonish the guardian according to the situation and may order him to receive education and guidance.
  If the personal rights and interests of minors are infringed, the people’s court shall fully consider the development, growth and rehabilitation needs of minors and determine the compensation fees according to law. The necessary rehabilitation expenses, appropriate cosmetic expenses and other follow-up treatment expenses, which are determined to be inevitable according to the medical certificate or appraisal conclusion, can be compensated together with the medical expenses that have already occurred. When determining the amount of compensation for mental damage, it can be appropriately increased according to the specific circumstances of the case with reference to adult cases.
  11 to protect the legitimate property rights and interests of minors according to law. When trying a divorce case, the people’s court should pay attention to examining whether the property to be divided by the parties includes the property of minor children and whether the property of minor children has been divided, so as to prevent the parties from illegally disposing of the property of minor children. If a minor child is seriously ill and other special circumstances exist, the people’s court shall, according to the specific circumstances of the property, handle it according to law on the principle of taking care of the rights and interests of the child, the woman and the innocent party. When trying cases of inheritance, the people’s courts shall protect minors’ rights of inheritance and bequest according to law.
  12. Strengthen the review of the legality of administrative acts. The people’s court shall strictly examine the legality of administrative acts involving the rights and interests of minors to prevent administrative acts from infringing on the rights and interests of minors. For illegal or improper administrative acts, correct them in time. Supervise and support relevant departments such as education, public security, civil affairs, and online information to perform their statutory duties of protecting the legitimate rights and interests of minors according to law.
  13. Strengthen the review of administrative licensing and punishment. Pay attention to the special situation and rights protection needs of minors in cases involving administrative licensing and administrative punishment. For administrative licensing involving education, health and other fields, it should ensure that minors’ rights to education and health are fully guaranteed; For administrative punishment involving minors, the cognitive ability and behavioral characteristics of minors should be fully considered to avoid improper punishment.
  14. Strengthen the governance of the source of administrative disputes. For major reform measures, policy formulation or adjustment, sensitive incident handling and other matters related to the vital interests of minors, the people’s courts can promote the scientificalness, democratization and legalization of major administrative decisions involving minors by participating in argumentation, providing legal advice and sending judicial suggestions, effectively strengthen the protection of minors’ rights and interests, and reduce and eliminate administrative acts that infringe minors’ rights and interests from the source.
  15. Actively explore innovative implementation mechanisms. Explore the implementation of civil and administrative cases involving minors by a special team or person. Actively carry out education, counseling, mediation and other work on enforcement cases involving support and visits, and guide the parties to take the initiative to fulfill their obligations or reach a settlement on the principle of benefiting the physical and mental health of minor children.
  (2) Strengthening criminal trials involving minors.
  16. Be tolerant of juvenile delinquency. Accurately implement the criminal policy of combining leniency with severity, implement the policy of "education, probation and rescue" according to law, adhere to the principle of "education first, punishment second", accurately grasp and judge the social harm of criminal acts, fully consider the growth experience of minors and the deep-seated reasons leading to crimes, and save minors involved in the case to the maximum extent. We will never tolerate those who are deeply subjective, vicious and harmful, especially those who refuse to mend their ways, and resolutely punish them according to law to ensure judicial justice.
  In the trial of juvenile criminal cases, we should adopt a trial method suitable for the physical and mental characteristics of minors, adhere to the principle of "teaching through trial", carry out targeted court education according to the actual situation of juvenile defendants’ personality characteristics and criminal behavior, analyze the subjective and objective reasons and lessons that led to the crime, guide the juvenile defendants to correctly understand the seriousness of court trial and the social harm of criminal behavior, and promote their rehabilitation.
  17 severely punish the use of minors to commit crimes. Whoever lures, instigates or uses minors to commit illegal and criminal activities, which constitutes a crime, shall be given a heavier punishment according to law. Especially, those who coerce, instigate, entice and deceive minors to participate in the crime of black and evil forces and organized illegal crimes, those who use minors to introduce and entice other underage women to engage in prostitution or commit adultery, those who use minors who have not reached the age of criminal responsibility, left-behind children and school students to commit crimes, and those who use them by teaching minors bad information such as criminal methods, providing drugs, controlling narcotic psychotropic drugs, and inculcating pornographic violence, have seriously damaged their physical and mental health.
  18. Severely punish crimes against minors. We will adhere to a zero-tolerance stance and severely punish crimes that seriously infringe on minors’ physical and mental health, such as abducting, abducting, kidnapping children, violently injuring and sexually infringing minors, luring, introducing, organizing and forcing minors to engage in prostitution, producing, selling and disseminating obscene electronic information containing minors’ contents, and disseminating obscene articles to minors.
  19. Strengthen the protection of the rights and interests of minor victims. When trying criminal cases against minors, the people’s courts should give full consideration to the immature physical and mental development and vulnerability of juvenile victims, give special and priority protection, and strengthen the protection of their rights and interests. The juvenile victim and his legal representative shall be informed of the progress of the case and the result of handling the case in a timely manner, and the relevant situation shall be explained. After determining the date of the trial, the juvenile victim and his legal representative shall be informed of the time and place of the trial. After the verdict is pronounced, it shall be served on the minor victim and his legal representative.
  (three) to do a deep and practical trial of minors.
  20. Deepen the privacy protection of minors. Criminal cases in which the defendant is under the age of 18 at the time of trial shall not be heard in public; Civil and administrative cases involving minors involving personal privacy shall not be heard in public. In criminal cases involving minors, the names, residences, photos and other information that may infer the identity of minors shall not be disclosed to the outside world. Consult, extract and copy the case file materials, involving minors, shall not be made public and disseminated. In civil and administrative cases involving minors, attention should be paid to protecting the privacy of minors. The release of cases, the production of publicity materials on the rule of law, etc. should carry out the necessary technical processing of relevant information.
  21. Conduct in-depth social surveys. When trying juvenile criminal cases, the people’s courts should have a detailed understanding of the environment in which minors grow up and the causes of the crime. The social investigation report transferred by the people’s procuratorate and the written materials submitted by the relevant personnel reflecting the situation of juvenile defendants should focus on examining whether they objectively and comprehensively reflect the personality characteristics of minors, family guardianship, school education, social interaction, growth experience, performance before and after committing crimes, and other contents reflecting the deep reasons why minors have embarked on the road of crime. If the social investigation report is not specific and informative, the people’s court shall notify the people’s procuratorate to supplement it, or it may conduct social investigation by itself or entrust relevant institutions. The social investigation report and relevant materials submitted by relevant personnel, which are presented and cross-examined and adopted according to law, can be used as a reference for handling cases and educating defendants, and as a basis for putting forward judicial suggestions to relevant parties. During the trial, the people’s court may notify the person who made the investigation report to appear in court to explain the situation and accept inquiries from both the prosecution and the defense and the court.
  22. Actively improve social care. If the people’s court tries civil cases such as divorce, upbringing, adoption, guardianship and visiting, it may entrust social organizations or personnel engaged in the work related to the protection of minors to carry out investigations, participate in case mediation, accompany minors to accept inquiries when necessary, conduct psychological counseling for minors, and extend observation and protection after sentencing. Social watchmen can fully understand the actual living conditions of minors by listening to the opinions of the parties and minors respectively and visiting streets, communities, kindergartens and schools. The social care report can be used as a reference and basis for the people’s court to hear cases and carry out judicial extension work.
  23. Actively carry out psychological counseling. When the people’s court hears a case involving minors, it may, if it deems it necessary according to the circumstances of the case, conduct psychological counseling and correction on the minor parties by itself or by hiring professionals, so as to calm the minor’s emotions and eliminate and resolve the minor’s psychological crisis and obstacles; With the consent of minors and their legal representatives, minors can also be psychologically evaluated, and the psychological evaluation report can be used as a reference for handling cases and education and correction. Psychological counseling should be provided to minor victims and minors suffering from domestic violence in a timely manner.
  24. Increase relief efforts. According to the actual difficulties of minors, priority should be given to minors who meet the conditions of judicial assistance, and the intensity of assistance should be tilted. Actively establish a linkage care and assistance connection mechanism with education, civil affairs, the Communist Youth League, women’s federations and other departments, social charities, etc., and provide financial assistance, transfer placement and other assistance to minors who really need it, so as to protect the legitimate rights and interests of minors to the maximum extent.
  Third, promote the materialization of "three trials in one" in criminal, civil and administrative matters involving minors.
  25. Improve the integrated trial mechanism. Cases involving minors in criminal, civil and administrative matters arising from the same fact or related facts shall, in principle, be tried by the same judicial organization, provided that the relevant jurisdiction provisions of the law are met and conditions permit. The outstanding problems and hidden dangers in the work of juvenile administration and crime prevention reflected in civil cases involving minors, or the trial of criminal cases involving minors and the discovery that the civil rights of minors have also been violated, should be properly solved and handled in accordance with the law. The basic facts confirmed by criminal or administrative effective judgments can be recognized in relevant civil cases unless there is evidence to the contrary enough to overthrow them.
  26. Do a good job in clue transfer and right notification. In handling cases such as disputes over changing custody, disputes over visiting rights, and revocation of guardianship, it is found that minors have been or are suspected of being abused, violently injured, sexually assaulted, abandoned and other illegal crimes, and clues about suspected illegal crimes shall be transferred to the competent authorities for handling. In the trial of administrative cases, if it is found that the legitimate civil rights and interests of minors have been infringed, the parties may be informed to file a separate civil lawsuit. Suspected of illegal crimes, the clues will be transferred to the competent authorities for handling. In the trial of criminal cases involving minors, if it is found that the parents or other guardians of minors do not perform their guardianship duties according to law or infringe upon the legitimate rights and interests of minors, they are suspected of committing crimes, or if they find other clues to crimes that infringe upon the rights and interests of minors, they will transfer the clues to the competent authorities for handling.
  27. Do a good job in connecting criminals with civilians. If a minor commits a crime, but he is not investigated for criminal responsibility because he has not reached the age of criminal responsibility, or if he cannot be investigated for criminal responsibility because he has exceeded the time limit for criminal prosecution and other objective reasons, but he meets the limitation of action for claiming damages stipulated in Article 191 of the Civil Code, or if the parties file a civil lawsuit, the people’s court shall support him according to law, and the scope of compensation shall be determined in accordance with the relevant provisions of the Civil Code. Minors have been sexually assaulted in hotels, hotels, karaoke bars, bars, Internet cafes, e-sports hotels, script entertainment business and other places or Internet platforms, and the relevant places and platforms have failed to fulfill their security obligations. If minors file a civil lawsuit on this ground, the people’s court shall support it according to law, and the scope of compensation shall be determined in accordance with the relevant provisions of the Civil Code. The people’s court shall allow the evidence kept by the public security organ, the procuratorial organ or the people’s court that is related to the alleged infringement, and the parties to the infringement case and their agents ad litem cannot collect it by themselves due to objective reasons, and apply for investigation and collection, except that it may affect the ongoing criminal proceedings.
  28. Establish a linkage mechanism for public interest litigation. If the people’s court finds that the legitimate rights and interests of minors have been violated and involve public interests, it may transfer the clues to the procuratorial organs. We should pay attention to finding out whether the food, toys and articles for minors involved in the case endanger the physical and mental health of unspecified majority of minors, and comprehensively review whether the network technologies, products and services such as online games, live webcasts, online audio and video, online social networking and websites, as well as books, radio and television, film and television media, etc. contain information that harms the physical and mental health of minors, and whether the administrative organs responsible for the supervision and management of the protection of minors have any inaction, chaos and other situations that harm the public interests of minors.
  Fourth, promote the integration of "six major protections"
  29. Guide guardians to perform guardianship duties according to law. The people’s court should strengthen the guardianship duties of parents and other guardians in the trial, guide guardians to fulfill their obligations of raising, educating and protecting, create a family environment conducive to the healthy growth of minors, not only provide health and safety protection for minors, but also pay attention to their psychological status and emotional needs. Properly handle cases of applying for determining and appointing guardians to ensure that minors are under guardianship; Properly handle cases of applying for changing guardians and revoking guardians’ qualifications to ensure that minors are properly supervised; If the guardian fails to perform guardianship duties or infringes upon the lawful rights and interests of the ward, the guardian shall be ordered to bear corresponding legal responsibilities according to law.
  30. Strengthen family education guidance. When the people’s court tries cases involving special groups such as left-behind minors and minors in distress, or civil cases such as divorce, upbringing, adoption, guardianship and visiting, it shall, according to the specific circumstances of the case, carry out family education through court education, interpretation of the law, on-site counseling, online counseling, psychological intervention, issuance of family education responsibility notice, family education guidance proposal and other forms. In the trial of criminal and administrative cases involving minors, the people’s court finds that the parents or other guardians of minors do not perform their guardianship duties according to law, infringe on the legitimate rights and interests of minors, or there are other situations that may affect the physical and mental health of minors due to lack and improper family guardianship and discipline, and according to the situation, they may admonish the parents or other guardians of minors and order them to receive family education guidance.
  31. Strictly deal with student bullying according to law. If the people’s court finds bullying by students in relevant cases, it shall communicate with schools or training institutions and education authorities, and suggest that it be dealt with seriously in time and follow up the progress. If a minor suffers from bullying by a student, the people’s court shall comprehensively consider the intensity and duration of bullying, as well as the physical and psychological consequences of the victim, and judge the infringer to bear tort liability according to law. Give full play to the functions and functions of repairing, soothing and admonishing apologies, and explore ways to urge minors who commit student bullying to apologize sincerely through pre-litigation mediation. If schools and training institutions fail to fulfill their educational management responsibilities, they shall be judged to bear tort liability according to law and send judicial suggestions according to the situation. If bullying constitutes a crime, criminal responsibility shall be investigated according to law.
  32. Properly handle campus disputes. When trying cases of campus disputes, the people’s courts should properly resolve conflicts according to law on the basis of finding out the facts and distinguishing the responsibilities. Actively guide the parties to rationally safeguard their rights according to law, resolutely punish all kinds of illegal and criminal acts such as "school troubles" according to law, and maintain the normal education and teaching order of the school. If a minor suffers personal injury during his study and life at school, and the school has fulfilled its educational management responsibilities, the school shall be judged not to bear tort liability according to law, providing judicial guarantee for the school to carry out teaching management according to laws and regulations.
  33. Strengthen the team building of vice presidents of the rule of law. Actively select business backbones with excellent political quality, profound legal knowledge, rich practical experience and expertise in publicity and education to serve as vice presidents of the rule of law, clarify job responsibilities, strictly meet job requirements, further establish and improve long-term communication mechanisms and normalized information feedback mechanisms with educational administrative departments and schools, and enhance the effectiveness of vice presidents of the rule of law in performing their duties.
  34. Put forward suggestions on special education in a timely manner. When a people’s court hears a case involving a minor and finds that the minor has committed the acts stipulated in Article 44 of the Law on the Prevention of Juvenile Delinquency and should be given special education, it may make suggestions to the relevant departments.
  35. Establish a case-by-case analysis and reporting mechanism for the causes of crimes. In-depth analysis of juvenile crime cases on a case-by-case basis, whether there are weak and inadequate family, school, society, network, government and judicial protection behind the cases, and form a report attached to it, which will be explained separately when commenting on the cases. If it is found that the relevant units have not fulfilled their protection duties such as education, management, assistance and care for minors, the people’s court shall send judicial suggestions to the relevant units in a timely manner; For those suspected of violating the law and committing crimes, the relevant clues will be transferred to the competent authorities in a timely manner.
  36. Establish an analysis and reporting mechanism for the implementation of the "mandatory reporting system". In the case of minors being infringed, the relevant state organs, neighborhood committees, village committees, units and personnel who are in close contact with minors shall be examined case by case. When minors’ physical and mental health is infringed, suspected of being infringed or faced with other dangerous situations in their work, whether they have fulfilled the obligation of compulsory reporting or not shall be explained separately when commenting on the case. If there are circumstances that should be reported but not reported, judicial suggestions should be sent in time; For those suspected of violating discipline or committing crimes, the relevant clues will be transferred to the competent authorities in a timely manner.
  37. Establish an analysis and reporting mechanism for the implementation of legal obligations in relevant places. For cases involving minors in hotels, hotels, e-sports hotels and other places, it should be examined whether the operator has fulfilled the obligation to ask about the age of minors, the contact information of their parents or other guardians, the identity relationship with the co-residents, and whether the relevant places have set up relevant signs, etc., and a report is attached, which will be explained separately when commenting on the case. If problems are found, judicial suggestions shall be sent in time; For those suspected of violating the law and committing crimes, the relevant clues will be transferred to the competent authorities in a timely manner.
  38. Establish a special analysis and reporting mechanism for network protection. For juvenile cases involving the Internet, we should establish a cooperation mechanism with relevant functional departments in combination with the causes of the case and the provisions of the law on the protection of minors, and review whether the relevant subjects have fulfilled the legal obligations of juvenile network protection, and form a report attached to it, which will be explained separately when commenting on the case. If problems are found, judicial suggestions shall be sent to relevant network enterprises and competent departments in a timely manner; For those suspected of violating the law and committing crimes, the relevant clues will be transferred to the competent authorities in a timely manner.
  39. Improve the systematic pertinence of publicity and education on the rule of law. Strengthen communication and cooperation with schools and education authorities, actively carry out publicity and education on the rule of law suitable for the characteristics of minors, adhere to the combination of seriousness and acceptability, knowledge and interest, universality and particularity, strengthen the interpretation of cases, innovate publicity forms, educate and guide minors to abide by the law, constantly enhance their awareness of rules, the rule of law and responsibility, and effectively enhance their awareness and ability of self-protection.
  The higher people’s courts shall strengthen the examination, supervision and guidance of typical criminal cases involving minors issued by the courts in their respective jurisdictions to ensure good social effects.
  V. Strengthening organizational guarantee
  40. Strengthen specialization. Strictly implement the law on the protection of minors and other legal provisions, determine specialized agencies or designate specialized personnel to try cases involving minors, be responsible for the prevention and control of juvenile crimes, and strengthen the construction of the "three trials in one" trial team. Enrich the power of juvenile trial, and promote the construction of political quality, professional quality and professional ethics of the team. The personnel handling juvenile cases shall receive special training, be familiar with the physical and mental characteristics of minors, and love the protection of minors. Strengthen the allocation of full-time auxiliary personnel to assist judges in extending the protection of minors. Improve the evaluation and incentive mechanism that conforms to the law of juvenile trial work.
  41. Strengthen coordination and linkage. Strengthen cooperation with public security organs, procuratorial organs and judicial administrative organs, establish a normalized consultation and cooperation mechanism, unify the evidence and data standards of cases involving minors, and jointly do a good job in education, probation, rescue and judicial assistance. Strengthen communication and cooperation with government functional departments, the Communist Youth League, women’s federations, schools, grassroots organizations and organizations for the protection of minors, and establish and improve the information sharing and notification mechanism. We will promote the improvement of the connection mechanism of minors’ care and education in political and legal organs, and explore the establishment of a library of minors’ judicial care and education personnel, including social workers, volunteers and "five old people".
  42. Strengthen the protection of working conditions. Actively strive for the leadership of the Party Committee and the government’s support, and fully guarantee the funds needed for juvenile trial facilities construction, social investigation, social care, psychological counseling, rule of law publicity, family education guidance and other special trials and extension work, so as to ensure the effective trial of minors and comprehensively improve the level of juvenile judicial protection and crime prevention and control capabilities.