Data Map: Protecting the healthy growth of minors is the common wish of society.Picture/Xinhua News Agency
According to the Health Times, the People’s Procuratorate of Huai’an City, Jiangsu Province, and the Municipal Health and Health Commission, in the electronic medical record system of various medical institutions at all levels in the city, added a compulsory report "red orange yellow" three -color warning function.When a girl under the age of 14 is registered and admitted to the hospital, if there is a pregnancy and pregnancy, the system will automatically jump out of the red warning, reminding the doctor to report through the electronic medical record system, and report to the public security organs or procuratorate through the mandatory reporting platform.
In May 2020, 9 departments such as the Supreme Prosecutor and the Ministry of Education jointly issued the "Opinions on Establishing a Mandatory Reporting System of Cases of Underworld (Trial)" (hereinafter referred to as "Opinions") to establish a compulsory reporting system for violating minors.When a specific subject finds that minors suffered or suspected of suffering from illegal violations and facing the danger of illegal violations, they should report or report to the public security organs immediately.
According to the "Opinions", the specific subjects with reporting responsibilities include two categories: one is public officials of various organizations and laws authorized by state organs, laws and regulations to exercise public power; the other is to closely contact various organizations in the minor industryAnd their employees.
After being infringed, the minor will go to the hospital in theory. Hospitals and doctors, as "close contact with various organizations and their practitioners in the minor industry," are often the most important information about the infringing of minors.The implementation of the mandatory reporting system will also directly determine the implementation of the system.
Regarding the implementation effect of the mandatory reporting system, a number can be used as a judgment reference.At the National Two Conferences in 2022, the Supreme Procuratorate reported reports that in 2021, 1,657 cases of infringement of minors were handled through mandatory reports, and 459 were promoted to rectification and accountable for failure to perform the obligations of not fulfilling the report.It is exciting to promote the protection of minors’ rights and interests through compulsory reports, but a lot of rectification and accountability for failing to perform reports have not been fulfilled. This shows that the compulsory report system has not fully implemented.
The implementation of the compulsory reporting system is not in place, the reasons are many aspects.In addition to the lack of publicity and insufficient awareness of the importance of the system, there are also many considerations of humanity.After minors suffered criminal violations, some victims and parents did not want to report to the police because of various concerns, nor did they want to be known to the outside world.Once the victims and parents’ concerns are understood or even sympathetic, helping them "keep secrets" do not report, they will become the choice of some hospitals and doctors.
In fact, crime is not only an infringement of the victims, but also harmful to social order.The crackdown on crimes does not give the victim’s consent on the premise of the police.As long as the hospital and doctors fully recognize the significance of the compulsory reporting system for the protection of minors, they will not hesitate on whether they report.The intervention of technical means made them have no room for hesitation.
According to media combing, in addition to Huai’an City, Jiangsu Yixing and Lianyungang also implemented similar technical intervention methods. The mandatory reporting procedure will be embedded in the hospital diagnosis and treatment system to remind the sexual assault clues found in the diagnosis and treatment.There are small differences in the specific practices, but the basic logic is the same, that is, through the intervention of technical means, the information that the minor is infringed is included in the medical system.
At this time, the relevant information has become a "public information" within a small scope. Even if the hospital and doctors want to help the victims "confidential", there is no room for concealment. Reporting to the public security organs or procuratorate is the only choice.It is foreseeable that this not only helps to increase the probability of the minor’s infringement, but also can more timely and effectively rescue the violated minors.
Through the implementation of automatic intervention in technology to help the implementation of the compulsory report system, the exploration of Huai’an and other places is worthy of reference.At the same time, there are two more issues that need to be valued.First, the protection of the privacy of the victims must be limited to the minimum range of infringement information; second, as the technical means intervene, the infringed information has no "confidential" space in a regular hospital incorporated into the hospital diagnosis and treatment system."Need, will some victims choose to go to the black clinic to seek medical treatment?It is necessary to pay attention to the local area.
Writing/Li Shuming (Legal Worker)
School pair/Wang Xin