Construction of a punishment and prevention system for child molestation crimes via the Internet

LEI Xiangmin1 LI Lei2

(1.Procuratorial Branch, Twelfth Division, Xinjiang Production and Construction Corps )
(2.Business Management Department, Procuratorial Branch, Twelfth Division, Xinjiang Production and Construction Corps)

【Abstract】With the leapfrog development of network technology, the objective technical conditions for the implementation of child molestation over space have been upgraded, and the conditions for the occurrence of child molestation via the Internet are already in place, and the trend of multiple occurrences is obvious and the situation is very serious. Compared with the general threat of child crime, child molestation crime via the Internet has new characteristics of combining online and offline crime, secrecy and openness, and deception and threat of intimidation, which makes it difficult to combat and control the child molestation crime via the Internet, poor self-discipline of Internet enterprises, unsound regulatory mechanism, and lack of responsibility for implementation of a series of problems. In this regard, this paper puts forward suggestions for the construction of a new system to punish and prevent child molestation crimes via the Internet at three levels of ex ante prevention, control and ex post punishment. In the aspect of ex ante prevention, firstly, we should build a comprehensive prevention system of child molestation crime via the Internet coordinated by the government, to maintain information sharing and collaborative law enforcement among various departments. Secondly, we should innovate the Internet management mechanism, increase the access threshold, implement a licensing system, set up safety technology for minors on the Internet as a precondition for the establishment of Internet enterprises, explore the establishment of a credit registration system, and implement a blacklist system for those who repeatedly violate the law and refuse to correct it. Thirdly, it is important to establish industry organizations, strengthen industry self-regulation, establish the Internet safety council jointly by multiple departments, and provide specific industry standards and guidelines for online social networking platforms. Fourthly, we should strengthen the cultivation of minors’ online literacy. It is recommended that education on the prevention of online sexual abuse be incorporated into the compulsory curriculum of nine-year compulsory education, while parents should also focus on the protection and guidance of minors in the process of surfing the Internet. In terms of control, firstly, we should explore the establishment of a mandatory reporting system for network platform service providers, actively cooperate with public security authorities, provide technical support, report problems in a timely manner, and do a good job of collecting and retaining personal information data of users. Secondly, we should establish a platform for supervision, complaints, and reports, accept complaints and suggestions from all walks of life at any time to ensure that the problems reflected by the public are dealt with in a timely and efficient manner. In terms of ex post punishment, first, we should crack down on the crime of child molestation via the Internet and explore the establishment of a public information system for defendants who commit online sexual abuse of minors. Second, it is important to carry out a psychological correction for those serving sentences for child sexual abuse, to reduce the possibility of recidivism and help them get rid of their psychological quirks. Third, it is important to explore the public interest litigation concerning child molestation via the Internet. The procuratorial organs should be fully communicated and coordinated with the courts and administrative organs on the jurisdiction, prosecution, trial, legal application, evidentiary standards, implementation of public interest litigation concerning child molestation via the Internet, to establish and improve the system of information sharing, case notification, case transfer, and collaboration in handling cases. Fourth, we should intensify the crackdown on illegal network platforms and operators, hold network companies and their executives criminally liable, and punish registered network users who hold, browse, or access obscene pornographic information.

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ISSN:1004-4043

CN:11-1451/D

Vol , No. 01, Pages 68-70

January 2021

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