摘要
诉源治理,是从源头减少刑事诉讼增量、降低犯罪发生率的有效手段,也是新时代“枫桥经验”在法治改革领域的创新发展。作为诉源治理在未成年人保护领域的具体运用,强制报告制度自实施以来取得显著成效,但仍存在报告率低、责任界定不清等问题。建议坚持以检察主导为引领,统一设立报告受理部门并分级、分类设置报告时限。立法层面,有必要将网络平台纳入报告义务主体,同时增设不履行侵害未成年人案件强制报告义务罪。
Source of action governance is an effective means to reduce the increase in criminal litigation and crime incidence from the source, and it is also an innovative development of the “Fengqiao Experience” in the field of rule of law reform in the new era. As a specific application of source of action governance in the field of juvenile protection, the mandatory reporting system has achieved significant results since its implementation, but there are still problems such as low reporting rates and unclear definition of responsibilities. It is recommended to adhere to the guidance of procuratorial leadership, establish a unified department for accepting reports, and set reporting deadlines by level and classification. At the legislative level, it is necessary to include online platforms as the subject of reporting obligations, and at the same time, establish the crime of not fulfilling the mandatory reporting obligation for cases involving minors.
出处
《争议解决》
2024年第1期295-301,共7页
Dispute Settlement
