“Civil code + law on the protection of minors”

Facing the civil code to be implemented on the new year’s day of 2021 and the newly revised law on the protection of minors to be implemented on children’s day in 2021, China’s prosecutors have expressed the need to innovate juvenile procuratorial work and better promote the comprehensive management of juvenile protection. Zhang Jun, procurator general of the Supreme People’s Procuratorate of China, made this statement at the National Working Conference on the implementation of the civil code held in Beijing on July 7. He said that the principle of “the most beneficial to minors” runs through the civil code, and many provisions involve the protection of minors’ rights and interests. In the revised minors protection act, on the one hand, the mandatory reporting “entry Enquiry” mechanism, and the policy of prohibiting coercion, solicitation and instigation of minors to participate in underworld organizations or engaging in illegal and criminal activities in recent years have been pushed forward by the Supreme Procuratorate and relevant departments. Procuratorial power, which supervises the litigation activities involving minors according to law, endows procuratorial organs with more responsibilities and higher requirements for the protection of minors. < / P > < p > in 2018, the Supreme People’s Procuratorate of China issued “No.1 procuratorial proposal” on sexual assault on campus. Now, combined with the implementation of this procuratorial proposal, Zhang Jun made more arrangements at the meeting. For example, the general provisions of the civil code have a section on guardianship, and the law on the protection of minors also defines the responsibilities of family guardianship and the national guardianship system. Zhang Jun said that for those who seriously damage the physical and mental health and legitimate rights and interests of minors due to guardianship infringement and lack of guardianship, we should not only punish them according to law, but also urge and support civil affairs departments, relevant individuals or organizations to sue the court to revoke the guardian qualification and solve the problem of guardianship and care. He also talked about urging functional departments to implement temporary living care for minors in case of emergency, temporary custody and long-term guardianship for children who are not raised in fact, and children in distress. For example, the civil code and the revised law on the protection of minors have made specific provisions on judicial relief for infringement of minors’ rights and interests. Zhang Jun stressed that procuratorial organs should actively and effectively perform their duties, especially to support minors who have suffered sexual abuse to exercise their right to claim damages in accordance with the law. For example, illegal collection and use of personal information of minors by using Internet and mobile phone applications often occur. Zhang Jun said that procuratorial organs should actively carry out legal supervision and promote special governance through procuratorial suggestions and public interest litigation. < / P > < p > “for minors, migrant workers, poor people and other civil subjects who should protect their legitimate rights through litigation, we should increase support for prosecution and reflect the judicial temperature.” Zhang Jun said. At present, there are more than 30000 prosecutors serving as Vice Principals of the rule of law in primary and secondary schools in China. Zhang Jun also asked prosecutors to combine this work with youth civil code education, so that the awareness of civil law can take root in the hearts of minors. Focus