We should set up a system of minors protection with Chinese characteristics, compact the responsibility of family and state guardianship, set up a compulsory reporting system after discovering that the rights and interests of minors have been infringed, create a admittance qualification system for close contact with employees in the minor industry, and strengthen legal responsibility On the afternoon of October 17, the 22nd session of the Standing Committee of the 13th National People’s Congress passed the new amendment by a high vote and will be implemented from June 1, 2021.
Guo Linmao, director of the social law office of the law working committee of the Standing Committee of the National People’s Congress, said that the revised law on the protection of minors has made up for the shortcomings of the existing laws and protected the rights and interests of minors to the maximum extent. This amendment has greatly revised and improved the current law on the protection of minors, adding two chapters of “network protection” and “government protection”, which is expanded from 7 chapters to 9 chapters, and the articles are increased from 72 articles to 132 articles. The amendment involves almost every article of the original law.
Tong Lihua, director of Beijing Youth Legal Aid and Research Center, said that the revised law on the protection of minors will initially shoulder the mission of “small constitution” for the protection of minors in China.
the general provisions add the principle of the most beneficial to minors, and stipulate that the specific work of the coordination mechanism for the protection of minors shall be undertaken by the Civil Affairs Department of the people’s government at the same level or the Department determined by the people’s government at the provincial level.
Guo Linmao said that there were some disputes in the process of deliberation and amendment on the specific work of the coordination mechanism for the protection of minors. The main considerations for making the above provisions are as follows: it is an unprecedented major progress to explicitly propose the establishment of a coordination mechanism for the protection of minors in the law. The relevant responsibilities of juvenile protection work are scattered in different government departments and units, with fragmentation, multiple management and unclear responsibilities, which seriously affect the effectiveness of juvenile protection work. It is urgent to establish an effective coordination mechanism. From the perspective of work intensity and effectiveness, the law makes it clear that government departments should undertake the specific work of coordination mechanism.
in principle, the specific work of the coordination mechanism shall be undertaken by the Civil Affairs Department of the people’s government at or above the county level. The civil affairs department plays an important role in giving full play to the state’s overall responsibility and has a good working foundation. From the State Council to the people’s government at the county level, the civil affairs department is responsible for the unification of the upper and lower levels, which is realistic, feasible and in line with the legal provisions. At the same time, we should give consideration to the regional differences and give some flexibility to the local government. In practice, there are local minor protection work coordination bodies set up in education departments, and achieved good results.
Tong Lihua said that the cases of infringing on the rights and interests of minors in schools, education and training institutions and other units that have close contact with minors are more hidden. Many such cases come into the public view because of accidental factors or extremely bad circumstances, especially serious consequences. In order to fundamentally prevent and reduce such injuries, the revised law on the protection of Minors stipulates in the chapter of “government protection” that “the State shall establish an information inquiry system for offenders such as sexual assault, maltreatment, abduction and trafficking, and violent injury, so as to provide free inquiry service to units that have close contact with minors.”.
corresponding to this article, the revised law on the protection of Minors stipulates two specific systems, namely, the employment inquiry of “the unit that has close contact with minors” and the regular inquiry every year. If an applicant or staff member is found to have the above-mentioned illegal and criminal acts, he / she shall not be employed or dismissed in time. If the unit that has close contact with minors fails to perform the inquiry obligation, or recruits or continues to employ personnel with relevant illegal and criminal records, it shall be ordered to correct within a time limit, given a warning and imposed a fine of less than 50000 yuan; if it refuses to correct or causes serious consequences, it shall be ordered to suspend business for rectification or revoke its business license, and shall be fined not less than 50000 yuan but not more than 500000 yuan, and the relevant responsible personnel shall be punished according to law Be punished.
in order to prevent and reduce the cases of sexual abuse of minors in schools, the revised law on the protection of Minors stipulates that schools and kindergartens should establish a work system for preventing sexual abuse and harassment of minors. In the chapter of “social protection”, special provisions are added to prohibit “sexual harassment”. On the basis of prohibiting the production, reproduction, publication and dissemination of pornographic materials and network information related to minors, the prohibition of “possession” is specially increased.
Tong Lihua introduced that in some countries, it would be a crime to hold and browse pornographic products targeting minors, but there was no clear legal provision for this in China. The revised law on the protection of minors explicitly forbids “holding” pornographic articles targeting minors, and only two words are added as far as possible. However, this is a major change and should be paid attention to by the society.
there is a separate chapter for the network protection of minors. Tong Lihua believes that this has initially established the legal basis for the network protection of minors in China. The revised law on the protection of Minors stipulates that the state, society, schools and families should form a joint force to cultivate minors’ network literacy.
how to prevent Internet addiction is a focus issue in the field of juvenile protection. Although the State Administration of press and publication has specially issued it, there is no specific regulation on the legal system level. The revised law on the protection of minors has made specific provisions in eight aspects: clarifying the specific responsibilities of the government departments such as education, health, press and publication, cultural tourism, and online letter; it has made provisions on the contents that easily lead to minors’ addiction to the Internet; all network services, such as online games, online live broadcast, online audio and video, and online social networking, are targeted at minors When serving, it should set up the corresponding time management, authority management, consumption management and other functions; clear the system of special approval for online games; in order to comprehensively realize the network protection of minors and protect their privacy rights, it clearly stipulates that the state should establish a unified electronic identity authentication system for minors’ online games, which is the revised minors protection law A major system has been established, which clearly stipulates the classified management of game products, the time of online game service, and the education and guidance functions of schools.
there has always been a dispute on whether minors can participate in webcast. The revised minors protection law clearly stipulates that: network service providers shall not provide webcast publisher account registration service for minors under 16 years old, and shall provide online live broadcast publisher account registration service for minors over 16 years old And obtain the consent of their parents or other guardians. HEALTHY LIFE