Stronger shield sought for minors in police probes

China has proposed stronger safeguards for minors, particularly girls, during police investigations of administrative cases, with draft rules specifying who should conduct interviews and how questioning should be recorded to better protect young victims and witnesses.

The Ministry of Public Security released a draft revision to the Procedures for Handling Administrative Cases by Public Security Organs on Oct 30, soliciting public comments through Nov 28. The proposed changes aim to align police procedures with revised laws and strengthen protections for people involved in administrative cases.

Under the draft, a female staff member must be present when police question an underage female suspect, victim or witness. In administrative cases involving sexual assault or violence against minors, interviews with underage female victims or witnesses must be conducted by female police officers.

Ji Ying, an associate professor at the School of Law at the University of International Business and Economics in Beijing, said the distinction is significant. While a female staff member can provide reassurance and support, a female police officer conducting the interview is responsible for professional questioning and evidence collection.

Girls recounting sensitive experiences may have particular concerns about privacy, dignity and psychological harm, Ji said. Creating an environment in which they feel safe and trust the interviewer can help ease anxiety and enable them to describe events more fully and accurately, benefiting both their well-being and the investigation.

The draft also requires police to make audio and video recordings when questioning minors who are victims or witnesses in cases involving sexual assault or violence, and to complete interviews in a single session wherever possible.

Ji said the measures are intended to minimize secondary trauma. Children who have experienced or witnessed abuse may be particularly vulnerable to distress because their emotional regulation and coping skills are still developing.

Although additional questions may sometimes be necessary to clarify facts, excessive repetition or suggestive questioning can increase psychological pressure and undermine the reliability of testimony, she said. Investigators should prepare thoroughly, minimize unnecessary interviews and take into account children's emotional and physical conditions, including allowing breaks or providing psychological support when needed.

The proposed changes build on existing protections rather than introducing them from scratch. China's Law on the Protection of Minors already provides safeguards for children involved in cases of sexual assault and violence, while existing police procedures require officers to notify a parent, guardian or other appropriate adult to attend interviews with minors.

Ji said the revision would translate broad legal requirements into more specific and enforceable obligations by clarifying staffing arrangements, interview procedures and recording requirements. It could also help narrow differences in the level of protection afforded to minors in administrative and criminal proceedings. Although the two types of proceedings differ in their legal nature and seriousness, both should uphold the principle of putting children's best interests first, she said.

"The rule of law requires not only lawful and standardized enforcement procedures, but also targeted protections that reflect the particular circumstances of different groups," she said.

However, putting the proposed measures into practice could pose challenges for police stations with relatively few female officers, Ji said. She suggested improving staffing arrangements and coordination across departments and jurisdictions, while providing training in child development, trauma psychology and interviewing techniques.

Better preparation and more consistent procedures for preserving and lawfully sharing recordings and other evidence would also help prevent repeated questioning caused by poor coordination, she added.

The wider draft also addresses other rights protections. It requires schools that knowingly fail to report or properly handle serious bullying as required by law to rectify their conduct. It also calls on offenders to delete illegally recorded private images and other electronic material after police have preserved the evidence.

Ultimately, Ji said, protective measures should be tailored to children's individual needs rather than based solely on gender. Boys who have experienced sexual assault or violence may also suffer fear, shame and trauma, and deserve appropriate safeguards.