Source: People's Daily Overseas Edition
Zhu Huiqing's work (released by Xinhua News Agency)
volunteers from Dongcheng Community, Hai'an Economic and Technological Development Zone, Jiangsu Province guide children to make "green bookmarks" theme bookmarks, consciously resist bad information, and create a healthy and upward cultural atmosphere. Photo by Zhai Huiyong (People's Vision)
Police officers from the Nangang Squadron of the Shanggao County Traffic Police Brigade in Yichun City, Jiangxi Province are conducting safety inspections on kindergarten school buses. Photo by Zhou Liang (People's Vision)
People's Daily Overseas Edition reported on July 27 that minors are the future of the motherland and the hope of the nation, and shoulder the historical responsibility of realizing the great rejuvenation of the Chinese nation. Their healthy growth is directly related to the future and destiny of the country and nation. Due to its physiological and psychological particularity, incidents that infringe on the legitimate rights and interests of minors and commit illegal and criminal acts occur frequently in real life. The protection of minors faces many new problems and challenges.
6 In June, the 20th meeting of the Standing Committee of the 13th National People's Congress held the second review of the draft amendment to the Law on Protection of Minors, and made further provisions on guardianship responsibilities, campus security, network protection, and student burden reduction. Previously, the 14th meeting of the Standing Committee of the 13th National People's Congress held its first review of the revised draft Law on the Prevention of Juvenile Delinquency, and implemented tiered prevention and refinement of education and correction measures.
two parts of the two laws specifically for protecting minors face problems, respond to the concerns of the people in a timely manner, have their own characteristics, and have enthusiastic responses, which will help better protect the healthy growth of minors and promote the legalization of minors to a higher level.
protection of minors has attracted attention
From the movie "Youth" was hit last year to the popular online drama " Secret Corner " a few days ago, topics about minors in film and television themes can always touch the audience's sensitive nerves and trigger heated discussions in society. On the one hand, this is due to the meticulous setting of the plot that impresses people. On the other hand, the real problems reflected behind the plot are thought-provoking.
Minors are immature in their minds, have poor cognitive and discernmental abilities, are vulnerable to infringement in real life, and are also susceptible to adverse external environment and embark on the path of illegal and criminal activities. In recent years, the protection of minors has been complex and diverse. Campus bullying and school bus safety problems occur frequently. Cases of sexual assault and abuse of minors by practitioners in close contact with minors often occur. Bad information is flooded and minors are addicted to the Internet are becoming increasingly prominent...
The "Minor Procuratorial Work White Paper (2014-2019)" (hereinafter referred to as the "White Paper") recently released by the Supreme People's Procuratorate shows that in recent years, crimes against minors have shown a high incidence of frequent occurrence, and the problems of sexual assault and violent injury to minors are prominent.
It is worth noting that minors are sometimes the infringing party and sometimes they are also the infringing party. How to protect their physical and mental health, effectively prevent their crimes, and enable minors who have committed crimes to better return to society is also an important part of protecting minors.
The White Paper points out that the current overall situation of crimes for minors is stable and improving, and the overall re-offending rate of minors is stable. But there are changes in stability, and there are worries in good fortune. For some time, serious violent crimes committed by young minors have attracted widespread attention from all walks of life.
"The imbalance and inadequate development are more prominent in the protection of minors, and the gap between different groups is widening, such as left-behind children, children in distress, migrant children and other vulnerable groups." said Yuan Ningning, executive deputy director of the Governance and Legal Research Base of Minor Affairs, , China University of Political Science and Law.
The reason is that lack of monitoring is the primary factor. "Doing a good job in custody is the basic work for the protection of minors and the fundamental solution to related social problems." Yuan Ningning said. Guardians play a protective and guiding role in the growth of minors, and it is indispensable, but in reality, it is common for parents to fail to fulfill their guardianship responsibilities.
The school’s safety risk prevention and control system has not yet been improved. Yao Jianlong, president of the Minor Law Research Association of Shanghai Law Society, believes that there are weak links in the management of risk groups, space and time, and the personnel responsible for maintaining campus safety have problems such as slackness, which has caused some vicious incidents on campus.
"The Internet has become an important factor affecting the physical and mental health of minors." Song Yinghui, vice president of the China Criminal Procedure Law Research Association and professor of the Minor Procuratorial Research Center of Beijing Normal University, said. In 2019, the number of minor netizens in China was 175 million, and the Internet penetration rate of minors reached 93.1%. Dissemination or illegal publication of bad information on the Internet is very likely to erode the ideological understanding of minors. If you are addicted to this, it will cause deviations in their social cognition.
lacks efficient coordination departments. "Minors have a wide range of protection and are involved in multiple departments. For a long time, the phenomenon of Jiulong controlling water has been difficult to form a joint force." Tong Lihua, director of the Beijing Youth Legal Aid and Research Center, pointed out.
The responsibilities of all parties are clearer
In terms of family guardianship, the second draft of the revised draft of the Law on Protection of Minors clearly states that entrusting care "a person with full civil capacity who has the ability to care should be entrusted to take care of the on behalf of the person with full civil capacity" and "listen to the opinions of minors with the ability to express their intention." "In practice, there is a situation where the guardian cannot fully perform his guardianship duties within a certain period of time due to reasons such as going out to work." Song Yinghui said that this can make the guardian more cautious when entrusting others to guard and take care of minors, and respect the opinions of minors more.
Entrusted care does not mean that the guardian will no longer perform the guardianship duties. The provisions of the minor's parents or other guardians to "contact and communicate with the minor and the client at least once a month" can enable the guardian to understand the entrusted care and the minor's life, study, psychology and other conditions and solve problems in a timely manner.
"Government protection and network protection have separate seals, which is the biggest structural highlight of this amendment." Tong Lihua said that the separate list of government protection not only highlights the government's responsibility and responsibility, but also an important manifestation of the implementation of the United Nations Convention on the Rights of the Child.
There is a problem with family custody, and the state custody will make up for the seat. The second draft combines this year's epidemic prevention and control practice, adding situations such as "the guardian is unable to perform guardianship duties due to his own reasons or due to emergencies such as natural disasters, accidents, and public health events, resulting in a lack of guardianship for minors."
network protection has increased from 11 first-review drafts to 18, and the text has nearly doubled. "This kind of improvement is not only of great significance to minors and their parents, but will also have a positive impact on the Internet industry." Tong Lihua said. The second draft clarifies the responsibilities of the government, families, schools, network products and service providers in ensuring that minors use the Internet normally and avoid adverse network effects, and enhances minors' immunity to bad network information through measures such as installing network protection software, controlling Internet access time, protecting personal privacy and information, electronic real-name authentication of online games, and encouraging reporting. The second draft of
also clarifies the school's 4 enthusiasm and 6 negative obligations. For example, schools should establish and improve school bus safety management systems to prevent faculty and staff from sexually harassing minors, not occupy collective tutoring during holidays and holidays, not conceal serious student bullying behavior, and kindergartens should not conduct primary school curriculum education in advance, etc.
In terms of social protection, the second draft will expand the places where smoking and drinking are prohibited into "schools and kindergartens" and clearly include e-cigarettes. The restrictive regulations for news media coverage and interviews and the obligation to pay attention to hotels, hotels and hotels when checking in, and the prohibition for close contact with the recruited personnel of minors in minors has been added to those with illegal and criminal records such as sexual assault, abuse, trafficking, and violent injury. "The above provisions have strong practical significance." Yuan Ningning pointed out that if the terms of staying in a hotel are usually places where minors are injured or commit illegal and criminal activities.
The first draft of the revised draft of the Law on Preventing Minors’ Crimes is based on the severity of different behaviors and the degree of psychological behavior of minors, and has set up three levels of bad behavior, serious bad behavior, and criminal behavior, and stipulate corresponding intervention or correction measures based on the nature and risk level of different levels of behavior. Song Yinghui said that before minors commit crimes, they often have bad behaviors or illegal behaviors. It is necessary to adhere to early prevention and professional intervention and set up a hierarchical intervention system.
related legislation still needs to be improved
The second draft of the revised draft of the Protection of Minors Law has added transportation benefits to minors. "This provision is very intentional, but it is relatively general. Faced with the fact that there is a one-sided decision on whether to give discounts based on height as the standard, it is recommended to further clarify the age group and the strength of preferential benefits." Tong Lihua said.
With the increase in private cars, many children have been injured and killed in road traffic accidents. If effective prevention is not carried out, more families will fall into pain. Therefore, child safety seats should be equipped and used correctly according to the age, height or weight of the minor, except for those that cannot be used due to physical, disease, etc.
Tong Lihua also mentioned, "The second draft has added regulations prohibiting sexual harassment of minors, but it is not enough." With the development of the Internet, sexual attraction against minors has become an act that seriously threatens their physical and mental health and safety. "Unlike sexual harassment, sexual temptation generally first understands the preferences of minors through observation, so as to gain their trust and dependence, which is not easy for parents to detect. It is recommended to add clauses prohibiting sexual temptation on minors."
Regarding the serious violent crimes of young minors, some people call for lowering the age of criminal responsibility for minors, and some people advocate taking care of things that are lowered.
Song Yinghui believes that under the existing legal system, reducing the age of criminal responsibility for minors may bring many problems and hidden dangers. "If a young minor is punished, the case will be resolved in the short term, but due to imprisonment, it is difficult for them to learn to correctly handle interpersonal relationships, lack of living skills, and even form an anti-social personality. If the punishment is committed again after the punishment is executed, the cost of society will be higher."
"By improving the shelter and education system, we can respond to public concerns. This system targets young minors who commit serious violent crimes but do not need to be held criminally responsible." Yuan Ningning said. At present, the provisions on shelter and education in the Criminal Law are relatively simple, and the first draft of the revised draft of the Law on Preventing Crimes of Minors has also deleted the provisions on shelter and education. "It is recommended to retain the shelter and education system and refine it in terms of applicable conditions, procedures, periods, places and methods, so that the system chain of crime and mistakes intervenes in separate crimes and mistakes can be more perfect and effective."
For minors with serious bad behavior, the draft stipulates that they can be sent to specialized schools for correction education. He believes that the public security organs now sending them to specialized schools is a recommendation or application by parents or schools. In order to prevent early and reflect the protective and compulsory nature of specialized education, it is recommended that the public security organs decide to send it to the specialized school.
While taking strong measures, experts recommend not to go to extremes. Letting minors who commit crimes return to society is always the starting point and end point. They cannot ignore the subsequent integration into society just because of compulsory measures; the use of institutionalized treatment measures should be kept modest. If the purpose can be achieved by psychological counseling, nursing care and education, etc., it should not be sent to vocational schools or shelter and upbringing. What else can we do besides legislation on
?
"Current social organizations are difficult to meet the needs of minors protection and crime prevention." Tong Lihua said that the protection of minors requires more social forces to participate.
"The law cannot solve all problems." Yuan Ningning called on the whole society to establish the concept of children's priority. "We often lack the perspective of children. For example, there are few spaces for children to play in the community, and facilities for children are rarely prepared in public places."
Adults should learn to think about problems and deal with relationships from the perspective of minors. "Some parents always use the name of good for their children to be child stars from an early age and engage in various business activities, which may be mixed with adult selfishness." Everyone comes from children. If you think more about how adults want to treat themselves at that time, it may inspire the protection of minors today.
extended reading: The Supreme Court issued a typical case of severe punishment of crimes against minors in accordance with the law
5 In May, the Supreme People's Court released seven typical cases of severe punishment of crimes against minors in accordance with the law and protecting the rights and interests of minors in accordance with the law in recent years.Among them, there are criminal cases such as raping minors, civil and administrative cases such as revoking custody, infringing on the health rights of minors, and infringing on the right to education, as well as cases of cross-provincial judicial assistance to the victims' children.
From 2013 to 2019, courts across the country heard 28,975 criminal cases that infringed on the legitimate rights and interests of minors, such as children trafficking, molesting children, organizing children to beg, and punished 29,787 criminals; and heard a total of 713,671 civil cases involving the raising, raising, custody, and visiting of minors in accordance with the law, an increase of 34.18% year-on-year.
In recent years, the Supreme People's Court, together with relevant departments, has successively issued a series of documents such as "Opinions on Punishing Crimes of Sexual Assault on Minors in accordance with the Law", "Opinions on Several Issues Concerning the Handling of Guardians' Infringement of the Rights and Interests of Minors in accordance with the Law", and "Guiding Opinions on Preventing and Controlling Bullying and Violence of Primary and Secondary School Students".
The Supreme People's Procuratorate issued the Opinions on Strengthening the Procuratorial Work of Minors in the New Era
4 In April, the Supreme People's Procuratorate issued the "Opinions of the Supreme People's Procuratorate on Strengthening the Procuratorial Work of Minors in the New Era".
The "Opinions" require that crimes endanger campus safety, guard against, and infringe on left-behind children in rural areas and children in difficult situations be punished in accordance with the law. Adhere to the strict provision of sentencing recommendations in accordance with the law and actively recommend the application of employment prohibitions and prohibitions.
The "Opinions" point out that for minors involved in gangs and evil, we must accurately understand the criminal policies and the essence of the case, carefully and comprehensively review the facts and evidence, and strictly grasp the recognition standards. We must thoroughly implement the special procuratorial system for minors. Accurately apply the lenient system for confession and acceptance of punishment. While making sentencing recommendations in accordance with the law, explore and put forward targeted assistance and education suggestions.
The "Opinions" clearly state that unified centralized handling should be promoted in an orderly manner and a long-term mechanism for unified centralized handling should be improved. We strive to fully promote the unified and centralized handling of procuratorial business of minors in the country from 2021.
(The original title is "Family, school, society, and government to join forces - to support the sky for "Young You"")
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