我国强制报告制度的实效评估与优化策略——以213例性侵害未成年人刑事案件为分析样本

Empirical Evaluation and Optimization Strategies of the Mandatory Reporting System for Assault on Minors:An Analysis Based on 213 Cases of Sexual Assault on Minors

性侵害是未成年人受侵害的最主要案件类型。对213例性侵害未成年人刑事案件裁判文书和最高人民检察院发布的典型案例进行分析,发现我国强制报告主体规定范围与实践存在差异、未成年人疑似遭受侵害的规定缺乏可操作性、追责机制启动标准尚不明晰。未来应厘清强制报告主体范围,明确个人上报义务及其与单位逐级上报的优先次序;采用列举形式解释疑似遭受性侵害的具体情形;设置报告主体的注意与核实义务,以增强追责机制的可操作性。

Sexual assault is the most significant type of cases in which minors are assaulted.An analysis of 213 judgments on criminal cases and the typical cases issued by the Supreme People′s Procuratorate Office involving sexual abuse of minors reveals that there are discrepancies between the scope of subjects and the practice of the mandatory reporting requirements for assaults on minors in China,a lack of operability in the requirements for minors suspected of having been sexually abused,and unclear criteria for the activation of the mechanism for pursuing responsibility.In the future,the scope of mandatory reporting,the obligation to report,and the priori⁃ty between individual reporting and unit reporting should be clarified;enumeration should be used to explain the specific circumstances in which a minor is suspected of having been sexually abused;and the obligation of the reporting party to pay attention to and verify should be set out,so as to enhance the operability of the mech⁃anism for pursuing accountability.