Who will control the child's guardian
3-year-old girl was fed by her parents to 70 kg
□ Our reporter Pu Xiaolei
Recently, a video related to "a 3-year-old girl was fed 70 kg by her parents to eat and broadcast" has aroused public attention on the Internet.
From some videos posted on the "Little Peggy's Day" account, we can see that the 3-year-old girl "Peggy" eats not only large portions, but also high-calorie foods such as burgers and fried chicken.
After the incident was fermented online, the platform blocked its videos and accounts.
Yuan Ningning, an associate professor of China University of Political Science and Law, said in an interview with a reporter from the Rule of Law Daily that the second-review draft of the Revised Minor Protection Law has clearly stipulated the duties that parents or other guardians should perform and the behaviors that must not be performed. It provides more specific guidelines on how to perform guardianship duties and a clearer legal basis for law enforcement agencies to pursue related responsibilities.
"If parents or other guardians violate their guardianship duties, such as the phenomenon of'a 3-year-old girl was fed 70 pounds by her parents as anchors', how should we correct and hold the parents accountable? The second draft of the draft has not yet been made. It is stipulated that this should be further improved, and the corresponding regulatory departments and system measures should be clarified.” Yuan Ningning believes that the draft has room for further improvement in the system design.
Videos that damage the health of minors are illegal
"The 3-year-old 60-jin fat girl eats a meal in a few seconds, so I don’t need an adult to feed it. Is it more than 100 jin?" ...
In a number of videos posted by the "Little Peggy's Day" account, there are often words like "3 years old", "60 catties fat girl", "eat in a few seconds" and "break 100 catties immediately".
After the video was released, it attracted the attention of many netizens, and some videos were played more than 500,000 times.
Although many netizens reminded "Peggy"'s parents to control their appetite and balance their diet, "Peggy"'s parents still give her extra meals uncontrollably, and there are many high-calorie foods such as burgers, fried chicken, and barbecue.
Some netizens questioned that "Peggy"'s parents rely on their children to make money by doing "eating and broadcasting".
In this regard, the parents of "Peggy" responded that their children were fat when they were born, and the family conditions were good. The purpose of making videos is not for making money, but for entertainment.
For this statement, netizens do not buy it.
On August 24, the video platform responded that it has been suspended due to "the density of complaints is high."
According to the "China Reference Standard for the Growth and Development of Children under 7 Years of Age", the weight of "Peggy" has far exceeded the normal standard for girls of the same age.
"The wrong feeding method of Peggy's parents objectively damages the physical and mental health of minors. This has nothing to do with the family conditions and whether it is intentional. This behavior itself is wrong and illegal. Moreover, they also filmed videos The method of spreading this approach may cause a very bad demonstration effect. This is contrary to the legislative concept of the Civil Code and the Law on the Protection of Minors. From this perspective, this video is a kind of illegal video ." said Zhu Wei, deputy director of the Communication Law Research Center of China University of Political Science and Law.
Amend the law to refine guardianship duties to provide guidance
Yuan Ningning believes that the incident of "3-year-old Peggy was fed to 70 catties" once again exposed the lack of parental guardianship knowledge and the absence of guardianship duties, and also proved the strengthening of family guardianship when revising the minor protection law. 1. The importance and necessity of legislative thinking.
The second review of the revised draft of the Law on the Protection of Minors has detailed the guardianship responsibilities, enumerating and generalizing provisions in terms of the duties that guardians should perform and the behaviors that they must not perform.
Zhang Xuemei, a researcher at the Beijing Youth Legal Aid and Research Center, said that the second-review draft of the draft has made a more detailed division of the guardian’s responsibilities and clarified the specific content of the minor’s personal and property guardianship, based on the minor’s survival, development and benefit. Protection is the starting point, and all responsibilities related to this have been determined, which is conducive to better protecting the physical and mental health of minors.
"In the past, many parents did not know the original intention and boundaries of their guardianship, and did not know which behaviors violated the legal rights and interests of minors, and the law did not make particularly specific and clear regulations, did not give full play to the corresponding guiding role, and could not give law enforcement. Provide a clear basis. For these issues, the second review of the draft has been targeted to solve." Yuan Ningning said.
Establish a rapid response mechanism and corrective measures
Yuan Ningning believes that although the second review of the draft has detailed guardianship responsibilities, it still lacks a complete system design for the measures that should be taken after violation of the regulations.
"In response to this violation of guardianship duties, the second draft of the draft did not specify the specific departments involved. At the same time, with regard to the way of assuming responsibility, the withdrawal of guardianship should be a last resort, and if the conditions for revoking guardianship are not met What measures should be taken to help, urge, and force parents to change such wrong behavior? At present, the regulations in this area still need to be further clarified by the law.” Yuan Ningning said.
Zhu Wei also believes that for parents' wrong guardianship behavior, one should not hope that the parents can correct themselves, but that there should be clear department intervention.
Corresponding system design should be made when the minors protection law is revised to ensure that guardians can correct wrong guardianship behaviors.
In the Law on the Protection of Minors, family education is a core component of guardianship.
Compared with subsequent supervision and correction, prior education is more urgent and important.
"The publicity of knowledge about family education should be increased to make parents or other guardians aware of the relevant content of guardianship duties. At present, many guardians do not know the boundaries of their guardianship duties, and they are often illegal without knowing it. Therefore, It is very urgent to strengthen legal propaganda in this area." Yuan Ningning said.
Once the guardian fails to perform guardianship duties in accordance with the law, resulting in the damage to the legal rights of minors, there should be a set of response mechanisms that can be activated quickly to intervene in the guardian's wrong behavior in a timely manner.
Yuan Ningning suggested that the public security and civil affairs departments should be clarified and the two departments should establish information sharing and linkage mechanisms. When the guardian fails to perform guardianship duties in accordance with the law, the public security department should dispatch the police as soon as possible, and the civil affairs department should intervene as soon as possible.
In this way, the responsibilities of various departments can be clarified, and the combined force of supervision can be formed.
"In terms of specific measures, it can be clarified that the civil affairs department will supervise and support parents in the role of supervisor. If it is really serious to a certain extent and the parents have not corrected their behavior, the public security organ can reprimand the guardian in accordance with the law. Measures such as fines, detention, and removal of guardianship duties were taken." Yuan Ningning said.