The step forward of ride hailing driver Master Miao has brought the mandatory reporting system from a legal provision to reality, which is not only a practice of the mandatory reporting system, but also a protection of the rights and interests of minors. What is the legal significance of the mandatory reporting system and what practical challenges does it face in practice? What are the main applicable subjects and triggering situations? How to promote better implementation of the system? Around these issues, the reporter interviewed Feng Junwei, Vice Dean and Professor of the Law School of Shandong University. Reporter: In May 2020, the Supreme People's Procuratorate, the National Supervisory Commission, the Ministry of Education, the Ministry of Public Security, the Ministry of Civil Affairs, the Ministry of Justice, the National Health Commission, the Central Committee of the Communist Youth League of China, and the All China Women's Federation jointly issued the "Opinions on Establishing a Compulsory Reporting System for Cases of Infringement on Minors (Trial)" (hereinafter referred to as the "Opinions"). What is the significance of its introduction for the protection of minors? Feng Junwei: The issuance of the "Opinions" is of great significance for safeguarding the legitimate rights and interests of minors in accordance with the law, effectively strengthening the comprehensive protection of minors, and timely and effectively punishing illegal crimes against minors. By establishing a mandatory reporting system for cases of infringement on minors, it can encourage various organizations authorized by state organs, laws and regulations to exercise public power, as well as public officials prescribed by law, to closely contact various organizations and their practitioners in the minors industry, and promptly report situations where minors have been or are suspected to have been illegally infringed upon and are at risk of illegal infringement discovered in their work, which is conducive to better promoting the legal protection of minors. This system is also regulated by the Law on the Protection of Minors and is an important component of the legal protection system for minors, reflecting the rule of law care for the healthy growth of minors. Reporter: Mandatory reporting is a legal obligation, how is its subject scope defined? Is it targeted at specific individuals who have the opportunity and ability to discover clues of infringement, or is it possible for every adult citizen to become a subject of obligation? Feng Junwei: According to the provisions of the Law on the Protection of Minors, the entities subject to mandatory reporting obligations include state organs, residents' committees, village committees, units that have close contact with minors, and their staff. The provisions of the Opinion are more detailed, including various organizations authorized by state organs, laws and regulations to exercise public power, and public officials as stipulated by law, as well as various organizations and their practitioners who have close contact with minors in the industry. It can be seen that this obligation is aimed at specific agencies, units, social organizations, and related personnel, not at the general public. For the general public and ordinary adult citizens, although there is no mandatory reporting obligation, they can participate in protection through reporting, accusation, and other means. According to the provisions of the Law on the Protection of Minors, any organization or individual who discovers that minors have been violated or are in danger has the right to dissuade, stop or report to relevant departments. The law encourages more people to participate in the protection of minors and jointly safeguard their legitimate rights and interests. Reporter: Mandatory reporting must play a practical role, in addition to raising the awareness and professional ethics of relevant practitioners, there must be clear legal responsibilities. In China, what legal responsibilities do mandatory reporting entities bear for failing to fulfill their reporting obligations? Feng Junwei: According to the "Opinions", if units and their staff with reporting obligations fail to fulfill their reporting responsibilities and cause serious consequences, their competent administrative authorities or the unit shall impose corresponding sanctions on the directly responsible supervisors or other directly responsible personnel in accordance with the law; Those who commit crimes shall be held criminally responsible in accordance with the law. For public officials who exercise public power and do not attach importance to mandatory reporting work for a long time, and fail to implement the requirements of the mandatory reporting system according to regulations, the supervisory organs shall hold the relevant units and derelict personnel accountable based on their circumstances, consequences, and other situations, and handle those suspected of duty violations and crimes in accordance with the law. Reporter: Protecting the physical and mental health of minors, caring for their healthy growth, every citizen can become a guardian of the legitimate rights and interests of minors. As an ordinary citizen, how should we promote the implementation of the mandatory reporting system? Feng Junwei: If it belongs to the mandatory reporting obligation subject, it must actively fulfill the reporting obligation, otherwise it may bear corresponding legal responsibilities. If it does not belong to the obligation subject, although there is no legal mandatory reporting responsibility, based on the legislative spirit of the Law on the Protection of Minors and the moral responsibility of citizens, the law encourages non obligation subjects to actively participate in protection. Non obligated parties can participate in the following ways: if they discover that minors are in danger, they can proactively report to relevant departments. Even if there is no mandatory obligation, reporting is the most direct and effective way of protection; Provide temporary assistance to minors in danger while ensuring their own safety; Provide relevant departments with clues and evidence of minors being violated. Reporter: From the perspective of legal application, can mandatory reporting obligations and acts of bravery be recognized simultaneously? Feng Junwei: In terms of nature, mandatory reporting is a legal obligation, while acts of bravery and righteousness reflect recognition and commendation of noble moral behavior. In specific cases, there may be situations where the subject actively engages in other behaviors to protect the legitimate rights and interests of minors in addition to fulfilling the obligation of mandatory reporting. It is necessary to evaluate whether such behavior constitutes acts of bravery based on the circumstances of each case. Reporter: In this case, Master Miao was simultaneously recognized as fulfilling the obligation of mandatory reporting and acting bravely for justice, both as a "must do" and an "initiative". What are the positive social implications of synchronously recognizing Master Miao's behavior? Feng Junwei: In this case, the investigating authority determined that Master Miao fulfilled his mandatory reporting obligation based on the specific circumstances of the case, and also determined that his behavior constituted acts of bravery. This determination was made based on different facts of his behavior. The recognition of acts of bravery and righteousness is not only a positive affirmation of citizens' legal protection of the legitimate rights and interests of minors and their courage to fight against illegal activities, but also a practice and promotion of socialist core values. (New Society)