According to Xu, today's conflicts between the public's right to know and the right to privacy originate from the vague legal definitions to these two kinds of right. He advised speeding up the legislation process needed to clarify the two definitions.

"There should be a balance between the two rights. I believe legislators have the wisdom and good judgment necessary to find a method for guaranteeing citizens' right to supervision, whilst also protecting privacy," Xu said.

Proper procedures

According to Zhang Wenjuan, Deputy Director of the Beijing Children's Legal Aid and Research Center, articles concerning protection of privacy for juvenile offenders have been included in several laws, including the Law on the Protection of Minors, the Law on the Prevention of Juvenile Delinquency and the newly revised Criminal Procedure Law.

The Law on the Protection of Minors stipulates that police officers, prosecutors and judges are forbidden from revealing any personal information relating to minors involved in criminal investigations, including their name, address, photographs or any other material that can reveal their identity.

The Criminal Procedure Law states that no cases involving crimes committed by persons under the age of 18 shall be heard in public. As well as introducing adult representatives to prevent abuse during interrogation, the revised procedural law also makes it possible for young offenders to have their criminal records sealed.

"In practice, however, media outlets, the public and even some concerned authorities often ignore the laws, leading to the prevalent infringements on the privacy of young offenders that we see today," Zhang said.

Pi Yijun, a professor at Beijing-based China University of Political Science and Law, attributes the current situation to the lack of detailed legal provisions. "The articles concerning the privacy of minors should be more detailed," he said.

Ruan Chuansheng, a lawyer with Shanghai Hengtai Law Offices, warned that loopholes in legal articles, especially those covering support agencies such as social welfare offices, have put the identities of young offenders and victims at a risk of being exposed.

"There should be more awareness among legal officers about how vital privacy protection actually is," Ruan said.

According to the Criminal Procedure Law, non-legal authorities, such as the social workers who write up reports on juvenile suspects for court hearings or represent legal guardians, and those who must be present during all interrogations, are not bound by the same privacy rules.

Gao Xiang, an officer with the Chao Yue Social Work Office specializing in the writing of juvenile suspects' reports before prosecution, confirmed that youngsters' names can sometimes be carelessly exposed during their work.

"The more information we have about a suspect, including school performance and their background, the more help we can provide for juveniles," he said. "But it's hard to balance finding that information and protecting a minor's privacy."

Lin Feng is a judge with the Juvenile Division of the Gusu District People's Court in Suzhou, east China's Jiangsu Province. He said that juvenile offenders are more fragile than their adult counterparts. "Society as a whole, including judicial departments, media outlets and ordinary citizens should be more tolerant toward young offenders and provide more opportunities for them to return to society after accepting their legal responsibilities," Lin said.

"I hope that all juveniles committing crimes can receive protection from society," Zhang said, adding that the whole of society, especially judicial officers, should receive more training so that they can guarantee the protection of minors' privacy during the whole process of law enforcement.

Xu Xun, a professor at the Research Center for Media Law and Policy at the China University of Political Science and Law, said that judicial authorities should also extend their control to sources of information related to juvenile offenders.

"If the information concerning juvenile offenders is leaked during the investigation stage, the laws stipulating closed hearings and the sealing of records will be rendered useless," Xu said.

Although most experts agree on the need to boost privacy protection, amending laws can take time.

Wang Ping, Managing Director of the Chinese Society for Juvenile Delinquency Prevention Research, urged authorities not to rush. Pilot programs can be developed in major cities to help legislators iron out any problems, he said.

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