Criminal 'employment restriction' system established! What career restrictions will there be? According to 29 May, the first Chinese mainland provincial sex infringement offender was set up in Shanghai on the 29 day.
On the same day, 16 units including the Shanghai Municipal Commission of politics and law, the Shanghai municipal procuratorate, the Shanghai Municipal Supreme People's court, the Shanghai Municipal Public Security Bureau and the Shanghai Municipal Bureau of Justice jointly issued the opinions on establishing an employment restriction system for sex related offenders (hereinafter referred to as the "opinions"), which clearly strengthened the management of employees in the industry who have close contact with minors.
There are 12 articles in the opinions, which make provisions from eight aspects: scope of application, entry review, employment restrictions, implementation mechanism and supervision and management, improve the recruitment and management mechanism of employees in industries in close contact with minors, and strengthen the source prevention of crimes against minors.
Wu Yan, director of the ninth procuratorial department of the Shanghai Municipal People's Procuratorate, said that the procuratorial organ's analysis found that the possibility of recidivism of sexual assault on minors is high, and the crimes committed by taking advantage of professional convenience are more hidden, and the necessity of recidivism prevention is very prominent. The opinions issued on the same day included enterprises, institutions and social organizations with special responsibilities for minors, such as guardianship, education, training, rescue, nursing and medical treatment, including educational institutions such as kindergartens, primary and secondary schools, childcare institutions under the age of 3, child welfare institutions, training institutions, medical institutions and cultural stadiums for minors.
In addition to the examination of teachers, doctors, coaches, caregivers and other staff who directly have special responsibilities for minors, the Opinions also include other staff who do not have special responsibilities, such as security guards, guards and drivers, but have the conditions to have close contact with minors. At the same time, volunteers recruited by employers who have close contact with minors in the industry also need to be reviewed before entry.
Employees in the above fields will not be employed if they are investigated for criminal responsibility for sexual assault crimes such as rape and child molestation, or if they are administratively punished for illegal acts such as molestation, inducement, shelter and introduction of prostitution.
In order to remind job seekers to pay attention to the special responsibilities and employment requirements of the industry in close contact with minors, the opinions has set up a mandatory reporting system, that is, when recruiting employees in the industry in close contact with minors, employers should require candidates, including foreign nationals, to truthfully report whether they have sexual assault and other criminal records.
The opinions defines the employer's obligation of review and screening in the process of recruiting employees. The employing unit shall examine whether the personnel to be employed have a record of sexual assault and crime, and may verify it with the public security organ. If it is found that the person to be employed has a criminal record of sexual assault, he will not be employed. The on-the-job employees of the company will also be checked and handled step by step.
The Opinions also stipulates that the employer shall bear the obligation to keep confidential the illegal and criminal records of others, so as to safeguard the privacy of job seekers.
In order to ensure that the system is implemented in place, the opinions has established an implementation supervision mechanism. The competent departments and administrative supervision departments in the industry that have close contact with minors shall, in accordance with their functions and powers, guide and supervise the implementation of the employment restriction system by employers, and impose administrative or even criminal penalties on units and individuals who refuse to implement or resort to fraud according to law.
Procuratorial organs exercise legal supervision over the implementation of the opinions according to law, and may put forward opinions and suggestions on the implementation of the opinions to relevant units and departments in the form of preparing and issuing procuratorial proposals.