Editor's Note
On the afternoon of October 23, the Research Center on Procuratorial Work for Children at Beijing Normal University, in collaboration with the Ninth Prosecutorial Division of the Beijing People's Procuratorate and Chinese Prosecutor magazine, successfully held the inaugural "Jingxin Shouwei" Salon on Juvenile Justice Practice. The session focused on the theme: "The Identification and Determination of Online Indecency Crimes."
The "Jingxin Shouwei" Salon serves as the third series of academic activities launched by the Research Center, following the "Juvenile Law Lecture Series" and the "Juvenile Research Interdisciplinary Salon." Organized in partnership with practical departments, the salon focuses on real-world issues through the lens of theoretical inquiry. Its goal is to address complex challenges in juvenile justice and foster the development of the field in China by facilitating in-depth dialogue between theory and practice. For detailed discussions from this session, please refer to upcoming articles in Chinese Prosecutor and follow the updates on the "Fasi Nianshao" WeChat official account.
Opening Remarks
The meeting commenced with opening remarks delivered by Yue Xiangyang, Deputy Chief Prosecutor of the Beijing People’s Procuratorate. He emphasized that juvenile justice carries the profound responsibility of safeguarding China’s future. As society evolves, emerging legal challenges, such as the identification and adjudication of online indecency crimes, continually test the boundaries of judicial practice. The virtual nature of cyberspace renders evidence collection increasingly arduous, while ambiguous behavioral boundaries create significant confusion in legal application. Furthermore, the unique imperative of protecting minors’ rights demands that prosecutors strike a delicate balance between strict legal principles and humanitarian considerations during judicial determinations. Resolving these complexities requires the convergence of wisdom across disciplines and among diverse stakeholders. "Jingxin Shouwei" stands as the latest strategic initiative launched by the Beijing Municipal People’s Procuratorate for juvenile prosecution. The establishment of the "Jingxin Shouwei" Salon on Juvenile Justice Practice represents a vital measure to address the evolving needs of the field and to foster professional, collaborative development.
Thematic Exchange Session
Li Siyao, Deputy Director of the Seventh Prosecutorial Division of the Haidian District People's Procuratorate in Beijing, shared her insights on two key legal issues: how to determine the perpetrator's subjective knowledge regarding the victim's age in cases of online indecency, and whether such acts can be legally characterized as "intrusive molestation."
Li Chunlin, Deputy Director of the First Prosecutorial Division of the Fangshan District People's Procuratorate in Beijing, shared her views on two critical issues: the determination of the number of offenses regarding online indecency and its associated acts, as well as the sentencing guidelines for cases involving the molestation of multiple children or repeated offenses.
Wang Jingjing, a prosecutor from the Seventh Prosecutorial Division of the Haidian District People's Procuratorate in Beijing, delivered a speech focusing on the determination of the frequency of online indecency against minors.
Interactive Discussion Session
Wang Shouxian, Member of the Party Committee and Deputy Head of the Legal Affairs Corps of the Beijing Municipal Public Security Bureau, delivered remarks focusing on the characteristics and root causes of online indecency crimes against minors, as well as the difficulties and challenges encountered in their governance and control.
Li Luoyun, Chief Judge of the Comprehensive Tribunal for Juvenile Cases at the Beijing Higher People's Court, shared her insights on the challenges encountered in handling online indecency cases and the corresponding countermeasures.
Free Exchange Session
Zhang Wenxiu, the director of the Seventh Prosecutorial Division of the First Branch of the Beijing Municipal People's Procuratorate, and Wu Yiyuan, a prosecutor from the Haidian District People's Procuratorate of Beijing, expressed their views on the issue of the number of crimes related to "online indecency" and the legal application in cases of sexual assault against minors.
Expert Opinions
Li Wei, a senior prosecutor at the Second Level of the Ninth Prosecutorial Division of the Supreme People's Procuratorate, discussed the characteristics of recent cases of sexual assault against minors committed via the internet, the judicial practice regarding the interpretation of relevant provisions in the "Opinions on Handling Criminal Cases of Sexual Assault Against Minors," and the requirements for handling "online indecency" cases.
Yuan Bin, a professor at the Law School of Beijing Normal University, analyzed the behavioral structure of "online indecency" crimes in response to practical issues raised during the salon, and provided answers regarding the determination of the number of such crimes and the judgment of criminal counts.
Huang Jingping, a professor at the Law School of Renmin University of China, also addressed controversial issues in practice, responding to the determination of the number of "online indecency" incidents, criminal methods, subjective awareness, and judgment of criminal counts in light of relevant criminal law theories.
Zhou Hongbo, a member of the Party Committee and vice president of the National Prosecutors College, highly praised the significance of the salon in optimizing the handling of "online indecency" cases and building consensus among prosecutorial agencies, emphasizing the guiding significance of the principle of the best interests of minors in handling cases involving minors.
Conclusion
Professor He Ting, Vice Dean of the Law School at Beijing Normal University and Executive Director of the Research Center on Procuratorial Work for Children, provided a scholarly response to the issues raised. Drawing upon relevant legal provisions, judicial interpretations, and current judicial practice, he addressed key questions regarding the modus operandi of “online indecency” and the determination of subjective knowledge. Furthermore, looking toward the future, he discussed the trajectory of criminal legislation concerning these crimes in light of the provisions set forth in the United Nations Convention on Cybercrime.
Speaking as a representative of the organizers, Professor He also outlined the vision for the “Jingxin Shouwei” Salon. He expressed his hope to cultivate the salon into a premier research platform and brand for juvenile justice that “originates in Beijing and radiates nationwide.” Moving forward, the salon will prioritize “real-world problems and complex issues” to ensure the depth and relevance of its discourse. By advocating for a “close and in-depth dialogue” between theory and practice, the organizers aim to produce outcomes that effectively respond to practical challenges, thereby highlighting the unique value of legal theory in clarifying intricate real-world dilemmas
Han Bin, the editor-in-chief of the "China Prosecutor" magazine, and Yang Xinye, the deputy director of the Ninth Prosecutorial Division of the Beijing Municipal People's Procuratorate, hosted the salon event. Representatives of doctoral and master's students from Beijing Normal University, representatives of law enforcement officers from the Xinjiang Uygur Autonomous Region's procuratorial organs, and all juvenile prosecutors from Beijing's procuratorial organs participated in the event.
Recommended Reading
The above content is sourced from the WeChat public account 'Law and Youth'.