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《中国司法领域人权保障的新进展》白皮书(中英对照)III
2018-03-23 09:25:27    译聚网    国新网    



  打拐专项行动深入推进,反对拐卖妇女儿童工作取得重要进展。坚持不懈预防、打击拐卖妇女和儿童犯罪,落实《中国反对拐卖人口行动计划(2013-2020年)》,解救拐卖犯罪被害人。刑法修正案(九)对收买被拐卖妇女和儿童的行为,加大了处罚力度。公安机关深入推进打拐专项行动,完善工作机制,县(市、区)公安机关主要领导或主管领导担任拐卖儿童案件专案组长,全程负责;在全国实行儿童失踪快速查找机制,充分调动警务资源快速查找失踪儿童;开展全国来历不明儿童集中摸排行动,对疑似被拐卖儿童采集DNA信息后,录入全国打拐DNA信息库比对。截至2015年,全国打拐DNA信息库已为4100多名被拐卖儿童找到亲生父母。公安部打拐办开通微博,普及防拐知识,推动全社会提高防拐反拐意识,支持参与打拐工作。拐卖妇女儿童犯罪得到有效遏制,案件数量自2013年起逐年下降。各级法院2015年审结的拐卖妇女儿童犯罪案件数量比2010年下降了55.55%。


  依法惩处侵犯未成年人违法犯罪,强化未成年人权利保障。2013年,最高人民法院、最高人民检察院、公安部、司法部联合发布《关于依法惩治性侵害未成年人犯罪的意见》,突出了对未成年被害人的权益保护和对性侵害犯罪分子的依法严惩。2014年10月,最高人民法院、最高人民检察院、公安部、民政部联合发布《关于依法处理监护人侵害未成年人权益行为若干问题的意见》,对实施性侵害、暴力、虐待、遗弃未成年人的父母或其他监护人,依法撤销其监护人资格。刑法修正案(九)取消了嫖宿幼女罪名,对此类行为适用刑法关于奸淫幼女的,以强奸论、从重处罚的规定;规定对未成年人、老年人等负有监护、看护职责的人虐待被监护、看护的人,情节恶劣的,处三年以下有期徒刑或者拘役。2013年至2015年,各级人民法院共审结猥亵儿童犯罪案件7610件,判处6620人;审结虐待罪刑事案件224件。2015年,江苏省徐州市铜山区人民法院审结首例撤销未成年人父母监护人资格案件。公安机关加强校园及周边治安环境整治,有效维护校园安全。全国共设立校园周边警务室和治安岗亭17万个,设立“护学岗”26万个,每日巡逻力量达30万人次。各地校园配备保安员70万名、防护装备120万件,安装技防设备68万套。


Advance special actions against human trafficking, and make important progress in combating trafficking in women and children. China has made unremitting efforts to prevent and crack down on the abduction and trafficking of women and children. It has worked to implement China's National Plan of Action on Combating Trafficking in Women and Children (2013-2020) and to rescue abducted victims. Amendment (IX) to the Criminal Law increases penalties for whoever buys an abducted woman or child. Public security organs have launched special actions against human trafficking, and improved their working mechanisms. The principal leader or a leader in direct charge of a public security organ at the county (city or district) level should take charge of a special group for the examination of child trafficking cases, and take responsibility throughout the whole process. A mechanism for quickly searching for missing children has been put in place around the country, under which police resources are fully mobilized to quickly find missing children. A uniform operation of thorough search and investigation for children of unknown origin has been carried out nationwide, in which DNA information of children suspected of being the victims of abduction is collected and recorded into a national DNA database for comparison. As of 2015, the national DNA database against trafficking had helped more than 4,100 abducted children find their birth parents. The Anti-Trafficking Office of the Ministry of Public Security opened a Weibo to popularize information on anti-trafficking, promote public awareness in preventing and combating trafficking, and encourage people to support and participate in anti-trafficking work. Through these efforts, crimes of trafficking in women and children have been effectively curbed, and the number of such cases has decreased year by year since 2013. The number of cases of trafficking in women and children that courts at all levels concluded in 2015 fell by 55.55 percent compared to 2010. 


Bring to justice criminals who infringe the rights of minors, and strengthen the protection of minors' rights. In 2013, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Justice jointly issued the Opinions on Legally Punishing the Crime of Sexual Assault Against Minors, highlighting protection of minor victims' rights and severe punishment of criminals engaging in sexual assault against minors. In October 2014, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security and the Ministry of Civil Affairs issued the Opinions on Several Issues Concerning Law-based Handling of the Infringement of the Rights and Interests of Minors by Their Guardians, deciding that guardianship of parents or other guardians who sexually assault, treat with violence, abuse and abandon minors will be revoked according to law. Amendment (IX) to the Criminal Law abolishes the crime of sex with a girl under the age of 14, and stipulates that whoever has sexual relations with a girl under the age of 14, as applicable to the Criminal Law, shall be deemed to have committed rape and shall be given a heavier punishment. It also stipulates that anyone who maltreats a minor or an elderly person whom they are responsible for guarding and nursing, if the case is serious, shall be sentenced to imprisonment or criminal detention of not more than three years. From 2013 to 2015, people's courts at all levels concluded 7,610 cases involving child molestation, and sentenced 6,620 criminals; and concluded 224 criminal cases of maltreatment. In 2015, the People's Court of Tongshan District, Xuzhou City, Jiangsu Province concluded the first case of revoking the guardianship of a minor's parents. Public security organs have strengthened police on campus and in surrounding areas, and effectively maintained campus safety. Around the country, 170,000 police offices and security sentry boxes have been set up in surrounding areas of schools, and 260,000 posts for protecting students have been set up, representing a daily patrol force of 300,000. Schools have employed 700,000 security guards and provided them with 1.2 million items of protective equipment, and installed 680,000 sets of equipment for technical defense.




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