In the afternoon of April 23, the Jin'an District Procuratorate, together with the District Women's Federation, the Civil Affairs Bureau, the Human Resources and Social Security Bureau and other relevant departments, held the procuratorial open day activity of "protecting half the sky by law, and making contributions to the new era together", and released a number of typical cases of safeguarding women's rights and interests. In recent years, the People's Procuratorate of Jin'an District has taken the initiative to build a comprehensive, multi-dimensional and wide-ranging protection network for women's and children's rights and interests, and firmly build a legal barrier to safeguard women's rights and interests.

Protection of minors

Prosecutors "think more"

[Case review] In March 2022, Liu, a minor girl, became pregnant after having sex with someone, and gave birth to a baby boy in a hospital in Gulou District. Liu's father contacted Zhuo, the introducer, to help find the adopter. The adopter Xie Mouyi paid 135000 yuan to buy the baby boy, of which the introducers Zhuo Mou and Huang Mou earned 25000 yuan and 87000 yuan respectively. His relative Xie Moujia did not make a profit in the adoption process, and the adopter Liu Fu received 23000 yuan of nutrition fees.

The People's Procuratorate of Jin'an District brought a public prosecution on the basis that the adopter Xie Mouyi and the intermediary Xie Moujia were suspected of buying and selling children, and Huang was suspected of kidnapping and selling children. The court sentenced Xie Mouyi to 9 months' imprisonment and 1 year's probation according to law; Xie was sentenced to 7 months' imprisonment and 1 year's probation; Huang was sentenced to five years' imprisonment and a fine of 10000 yuan.

[Prosecutors performing their duties] Liu Juan, the handling prosecutor, said that the court, after careful and strict review, filed a public prosecution against the intermediary contact person and the adopter according to law. At present, the baby boy was rescued in Youxi County, Sanming, and was raised by Liu's parents. The Jin'an District Procuratorate continued to track the upbringing of the baby boy with the local police station where he was registered.

After investigation, Liu once went to a maternity hospital in Jin'an District for treatment. The hospital's attendants and medical staff knew that Liu was a minor pregnant and had no guardian to accompany him, so they did not register and verify Liu's identity information, and introduced Liu to other medical institutions in Gulou District to give birth, and did not report to the public security organ or relevant departments.

In view of the problem that the medical institution failed to perform the compulsory reporting obligation exposed in this case, the administrative organ was urged to give an administrative sanction to Wang, a doctor in a hospital in Jin'an District, and was notified as a typical negative example; Transfer the clues of a hospital in Gulou District that failed to perform the mandatory report to the local procuratorial organ. Liu Moumou, a minor witness involved in the case, did not realize that his rights and interests were violated. The prosecutor determined the work plan for family guidance in a targeted manner, and issued a supervision order to his guardian to supervise the implementation of guardianship responsibilities. For a boarding school in Liu's department, the Opinions on the Implementation of Establishing a Cooperative Mechanism for Sexual Infringement of Minors was jointly signed by several departments, which clearly included sex education for minors in the teaching plan, strictly managed student dormitories, regularly carried out investigation of hidden dangers, and comprehensively implemented the daily management system.

At the same time, in view of the fact that some medical institutions within the jurisdiction failed to truthfully register information and report the case to the public security organ when conducting prenatal examination and abortion for minors, the hospital made and issued public welfare litigation pre prosecution suggestions to the District Health Bureau, urging it to issue the Working Mechanism of the Compulsory Reporting System of Jin'an District Health System Infringement on Minors (Trial), The responsible person or contact person of more than 30 district public medical and health units, private hospitals and childcare institutions within the jurisdiction was appointed as the "Spring Bud Safety Officer" of the health system, and a mechanism for mandatory reporting of clues was established; Promote the implementation of the "mandatory report module" in the diagnosis and treatment system of the General Hospital of Fuxing Maternity Hospital, and then promote it to the diagnosis and treatment system of hospitals throughout the city. The module has been online for 6 months, and 7 clues of sexual assault cases involving minors have been found and transferred, including 4 cases filed by the public security organ, which is of great significance to the regional fight against sexual assault crimes against minors.

Woman Suffered from Domestic Violence

Prosecutors fully protect

[Case review] On July 21 last year, Ms. Miao applied to the Jin'an District Court for a personal safety protection order.

It turned out that Ms. Miao and her husband, Yao, had broken up and were in a divorce dispute. Yao beat her many times. In July 2022, Ms. Miao was reported twice for domestic violence by Yao; On September 20, 2022, Yao gave an alarm for robbing his mobile phone; On February 8 last year, the public security organ issued a domestic violence warning to Yao because he was reported to the police for domestic violence. Ms. Miao's daughter confirmed that her father, Yao, had committed violence and beaten her mother to the point that she had blood clots on her body. Her parents separated last May.

[Procuratorial performance] Last July, Ms. Miao applied to the Jin'an District Procuratorate for support for prosecution on the grounds that she had been repeatedly subjected to domestic violence by her husband. After receiving her application, the procuratorial police assisted Ms. Miao in collecting and reviewing her medical records, videos, chat records, alarm records and other evidence of domestic violence. In order to further verify the situation of the case, the procuratorial police, on the basis of a comprehensive review of the evidence on record, and together with the judges of the Jin'an District Court, have a deep understanding of Ms. Miao's daughter's daily family situation. After examination, Ms. Miao is a vulnerable group of women suffering from domestic violence and meets the conditions for supporting prosecution. The Jin'an District Procuratorate immediately opened a green right protection channel for the case of the applicant's personal safety protection order. On the same day, it made a decision to support the prosecution and sent it to the Jin'an District Court.

After the case was successfully handled, the Jin'an District Procuratorate actively extended its procuratorial functions according to law and explored how to integrate procuratorial functions into social governance against domestic violence. Xing Yingjing, the prosecutor, said that in August last year, the Jin'an District Procuratorate issued a procuratorial proposal on social governance to two administrative units within its jurisdiction, further clarifying the illegal nature of domestic violence and the channels for handling disputes or safeguarding rights, guiding the parties suffering from domestic violence to keep relevant evidence in a timely manner, and taking the initiative to create a large pattern of social co construction and co governance against domestic violence.

Infringe equal employment

Procurator urges rectification

[Case review] In July last year, the Jin'an District Procuratorate found through the "public interest" prosecutorial cloud platform that the "public interest" volunteers recruited by the court reflected that some employers in the area of jurisdiction, through the "WeChat official account", in the process of recruiting personnel to the public, had "male only" gender requirements for posts, and the posts they recruited were not within the scope of female employees' taboo labor. Employers' publishing job advertisements with sexist content infringes women's legitimate rights and interests of equal employment and damages social and public interests.

[Procuratorial performance] The Jin'an District Procuratorate contacted and verified at the first time to find out that the proposed post does not belong to the work scope that female employees are forbidden to engage in. On July 14 last year, the Jin'an District Court started the administrative public interest litigation filing procedure and transferred the clues to the District Women's Federation. On August 4, the hospital organized a public hearing on whether the recruitment advertisements issued by relevant employers infringed women's equal employment rights and interests, and invited the District Human Resources and Social Security Bureau, Women's Federation, and volunteers of "public interest" to participate. Participants demonstrated the problems existing in the supervision functions of relevant administrative organs and the recruitment work of employers, and reached an agreement at the meeting.

After that, the Jin'an District Procuratorate also held a round table meeting with the administrative organ, where all parties formed consultation opinions on standardizing the recruitment work in their jurisdiction, improving the recruitment information management system, strengthening information communication to form a joint force of supervision, and reached a consensus with the District Women's Federation on opening a "green channel" for women's employment security. After the issuance of the Consultation Opinions, on September 25 last year, the District Human Resources and Social Security Bureau took the lead in urging the two employers to complete the rectification and sent a written reply to the Jin'an District Procuratorate. It also convened some employers in the area under its jurisdiction to hold a forum to strengthen the main responsibilities of employers and the review responsibilities of recruitment service providers, and resolutely prevent and correct unreasonable restrictions such as gender discrimination.