On June 2, 2024, the seminar "Review and Prospect of the Mechanism for Handling Cases of Sexual Assault on Minors" was successfully convened in Beijing, under the auspices of the Research Center on Procuratorial Work for Children at Beijing Normal University. Marking the culmination of the project "Protecting the Most Vulnerable: Investigating the Mechanism for Handling Cases of sexual assault on minors," this seminar drew the participation of over 70 distinguished experts and scholars. Attendees included representatives from the Criminal Law Office of the Legal Affairs Committee of the National People's Congress, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and other central and local law enforcement entities. Additionally, the event was graced by academics from Renmin University of China, Beijing Normal University, the Great Britain-China Association, and other esteemed research institutions. The seminar fostered a rich exchange of ideas and insights among the participants.

Opening Ceremony and Theme Report

The opening ceremony and thematic presentation were presided over by Song Yinghui, a professor at the Law School of Beijing Normal University and director of the Research Center on Procuratorial Work for Children at Beijing Normal University. Professor Liang Yingxiu, Dean of the Law School of Beijing Normal University, delivered a welcome speech, introducing the development of the Law School and the Research Center on Procuratorial Work for Children of Beijing Normal University, and expressing gratitude to the Great Britain-China Association and the practical departments, experts and scholars who provided support during the research process.

Vice President Cai Jinfang of the First Civil Division (Juvenile Trial Office) of the Supreme People's Court addressed the gathering, aligning her remarks with the "Opinions on Strengthening the Judicial Protection of Minors and the Prevention and Control of Crime" issued by the Supreme People's Court on May 30, 2024, and drawing from her experience in juvenile trials. Her comprehensive speech covered six key areas: first, the need to examine evidence gaps in sexual assault cases and the application of policies in rape cases; second, the importance of precisely determining the degree of leniency or severity in handling sexual assault cases involving minors; third, the ongoing requirement to refine the protection mechanisms for underage victims, with a focus on the implementation of specific victim protection measures; fourth, enhancing the prevention framework against sexual assault crimes by further establishing and enforcing case-by-case analysis, reporting mechanisms, mandatory reporting systems, and the fulfillment of legal obligations in pertinent areas; fifth, tailoring legal education to the characteristics of minors to strengthen systematic and targeted promotion of the rule of law; and sixth, the necessity to refine the applicable standards and supporting systems for family education guidance measures.

Li Feng, Deputy Director of the Ninth Procuratorate of the Supreme People's Procuratorate, delivered a report on the theme of "Building and Improving a One Stop Case Handling and Assistance Mechanism for Sexual Assault on Minors". There are difficulties in obtaining evidence in cases of sexual assault on minors, as well as differences in evidence review and factual determination by judicial authorities. The construction of a one-stop case handling and rescue mechanism has achieved significant results, but there are problems such as uneven development in different regions, lack of clear applicable procedures and institutional norms, limited number of cases handled, and unsatisfactory implementation of the one-time principle. We should promote the development of a one-stop case handling and assistance mechanism from the aspects of professional team building and specialized case handling, improving the system for rescuing and protecting minors, fully leveraging the cooperation mechanism in investigation, and cultivating a mature social support system.

Wang Yongcan, Deputy Director of the Office for Combating the Crime of Abduction of Women and Children in the Criminal Investigation Bureau of the Ministry of Public Security, introduced the situation and progress of the public security organs in cracking down on crimes of sexual assault on minors.

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Professor He Ting, Vice Dean of the Law School and Executive Director of the Research Center on Procuratorial Work for Children at Beijing Normal University, provided a comprehensive overview of the "Protecting the Most Vulnerable" project. He delineated the project's scope, which included an international experience review, domestic field investigations, pilot initiatives, topical discussions, and training efforts focused on substantive law, procedural law, evidence law, and the establishment of protection and rescue mechanisms in cases of sexual assault against minors. Professor He also synthesized the novel challenges encountered in the adjudication of cases of sexual assault on minors and offered a visionary perspective on the future trajectory of research in this critical area.

Unit 1: The substantive legal issues of cases of sexual assault on minors

The first unit was chaired by Cai Wei, Deputy Director and Researcher of the Institute of Procuratorial Theory of the Supreme People's Procuratorate. Professor Gao Weijian, Dean of the Youth Justice Research Institute at East China University of Political Science and Law, discussed the controversial issue of directly recognizing sexual assault as forced assault in the air and advocated for the adjustment of the overall legislative structure of sexual assault crimes against minors. Professor Zhang Hongwei from the School of Humanities at Jinan University proposed and demonstrated the rationality and feasibility of using the concept of sexual exploitation to define, handle, and respond to cases related to sexual assault on minors. Professor Li Chuan from the School of Law at Southeast University discussed the normative principles and corresponding judicial standards for the crime of sexually assaulting minors through cyberspace. Li Dong, Deputy Director of the Ninth Procuratorial Department of the People's Procuratorate of Chengdu City, Sichuan Province, discussed the difficulties in handling cases of sexual assault on minors based on the practical situation of the Chengdu procuratorate and put forward suggestions for improvement. Yuan Xiaochuan, Director of the Ninth Procuratorial Department of the People's Procuratorate of Xinxiang City, Henan Province, introduced the cognition and determination of the criminal punishment for sexual assault on minors in practical cases. Sun Ruochen, a postdoctoral researcher at Zhongguancun Laboratory, emphasized the necessity of evaluating the separate illegality of sexual solicitation of minors and proposed suggestions for the construction of punishment mechanisms. During the discussion session, Huang Jingping, a professor from the Law School of Renmin University of China, discussed the understanding and dispute of "public place" in the crime of sexual assault against minors stipulated in the criminal law and judicial interpretation. Tong Lihua, Director of Beijing Youth Legal Aid and Research Center, expressed her opinions on the development trend, handling issues, and improvement directions of juvenile sexual assault cases. Jia Yuan, editor of the Global Law Review at the Institute of Law, Chinese Academy of Social Sciences, analyzed the issue of online sexual assault on minors in conjunction with relevant provisions of the 2024 United Nations Convention against Cybercrime (Draft).

Unit 2: The issues of procedural law and evidence law in cases of sexual assault on minors

The second unit was presided over by Song Dan, a second-level senior prosecutor from the Ninth Procuratorate of the Supreme People's Procuratorate. Professor Xiang Yan from the Law School of Southwest University of Political Science and Law raised issues of proof standards and rules in cases of sexual assault against minors, as well as procedural issues such as questioning minors and ensuring the right to cross examine. Wang Zhenhui, Vice Dean and Professor of the Institute of Litigation Law at China University of Political Science and Law exchanged views on the issue of investigation procedures and the "one-stop" handling mechanism in cases of sexual assault on minors. Associate Professor Li Dongyang from Beijing Police College, in conjunction with the NICHD inquiry guidelines from the United States, pointed out the common problems and specific suggestions for questioning children who have been victims of sexual assault in China. Yang Wenqing, a lecturer at the Law School of Shantou University, proposed to improve China's "one-stop" case handling mechanism based on the balance between the defendant's right to testify and the protection of minors who have been sexually assaulted, by referring to the experience of Norway on a local basis. Yu Yongmei, Director of the Seventh Procuratorial Department of the People's Procuratorate of Ningbo City, Zhejiang Province, introduced the changes in the handling of cases of sexual assault on minors in Ningbo, as well as relevant suggestions on evidence acceptance and legal application. Yang Huimeng, a police officer from the Legal Brigade of Panlong Branch of Kunming Public Security Bureau in Yunnan Province, introduced the operation mode of Panlong's "one-stop" juvenile protection center, the pilot application of the inquiry guidelines formulated by the research group in Panlong District, and the difficulties in practical case handling. During the discussion session, Professor Liang Xin, Director of the Network Training Department of the National Judicial College, affirmed the positive role of the inquiry guidelines and put forward positive prospects for the relevant systems for minors. Liu Tao, a professor at the School of Investigation of the People's Public Security University of China, emphasized the difficulty of investigation and evidence collection in cases of child molestation and the importance of professional training for case handlers. Professor Luo Haimin from the Institute of Litigation Law at China University of Political Science and Law discussed the development and improvement ideas in the areas of evidence proof, involvement of individuals with specialized knowledge, and revision of the special chapter on minors in the Criminal Procedure Law in cases of sexual assault against minors.

Unit 3: Protection and assistance issues in cases of sexual assault on minors

The third unit was chaired by Zhang Lei, a professor at the Law School of Beijing Normal University and Deputy Director of the Ninth Procuratorate of the Supreme People's Procuratorate. Zhang Xinhua, Director of Guangzhou Jiehe Psychological Counseling Center, shared the experience and thoughts of psychological counselors in cases of sexual assault and injury against minors. Zheng Ziyin, a senior partner lawyer at Guangdong Nuochen Law Firm, provided an outlook on the development direction of protection and assistance for sexual assault on minors based on a lawyer's perspective and practical cases. Liu Ming, a child protection program officer at the UNICEF China office, discussed the implementation path of victim protection and assistance in cases of sexual assault on minors from the perspective of project management. Jin Chaoran, Director of the Research Department at the Beijing Youth Social Work Research Institute of Capital Normal University, emphasized the importance and challenges of social work services in cases of sexual assault against minors, and proposed support and advocacy. Zhang Ningyu, Director of the Ninth Procuratorial Department of the Beijing Municipal People's Procuratorate, summarized and reflected on the practical issues of cases of sexual assault on minors from three dimensions: one-stop case handling assistance, psychological assistance and family education guidance, and protection of personal information of minors. Yang Mei, Director of the Eighth Procuratorial Department of Suzhou People's Procuratorate in Jiangsu Province, introduced the experience and confusion of handling cases of sexual assault on minors in Suzhou. During the discussion session, Professor Shi Limei from the Law School of Beijing Normal University emphasized the special significance of this unit and fully discussed the necessity and construction path of designing a specialized program mechanism for the protection of underage victims. Professor Song Zhijun from the School of Criminal Law at Northwest University of Political Science and Law summarized the above speech and put forward the advocacy of professionalization in the protection of minors, putting children first, focusing on multiple points, and shifting the focus forward.

Closing Ceremony

The closing ceremony of the seminar was presided over by Professor Zhang Lei, a professor at the Law School at Beijing Normal University and the Deputy Director of the Ninth Procuratorate of the Supreme People's Procuratorate. Professor He Ting, the Executive Director of the Research Center on Procuratorial Work for Children at Beijing Normal University, encapsulated the seminar's discussions around four key tensions: the discord between legal presumptions and the evolving practical realities faced by minors; the strain between the fundamental principles of criminal law and the unique nature of juvenile cases, as well as the conflict between standardized case management and the individualized needs of juvenile cases; the gap between the current professional capabilities and the demands of case handling and the individual protection of minors; and the mismatch between the perpetual emergence of new practical challenges and the inadequate supply of research.

Amidst the applause of the participants, the seminar titled "Review and Prospect of the Mechanism for Handling Cases of Sexual Assault on Minors" drew to a successful close. This event systematically delved into an array of issues pertinent to the handling of sexual assault cases involving minors, synthesized the progress made in the case handling mechanism, identified the outstanding challenges, and charted a course for future practical endeavors and theoretical inquiry in this domain. In the wake of the seminar, the research team from the Research Center on Procuratorial Work for Children at Beijing Normal University is set to unveil two significant project outcomes: "Guidelines and Argumentation for Inquiring about Cases of Sexual Assault on Minors" and "Protecting the Most Vulnerable - International Experience in Dealing with Sexual Assault Crimes Against Minors." The team remains committed to pursuing interdisciplinary and multifaceted research on the critical issue of sexual assault against minors.