China News Service, September 29 (Liu Huan) Recently, the procuratorate filed a civil public interest lawsuit in accordance with the law in the case of a tattoo shop operator Pang Moumou in Jingbian County, Shaanxi Province providing tattoo services to 43 minors.
The first-instance judgment of the case was announced in the Jingbian County People's Court. The court ordered the defendant Pang Moumou to immediately stop providing tattoo services to minors, and to apologize in writing to the public within 10 days from the date when the judgment took effect.
In recent years, more and more teenagers have started tattooing.
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Why was the boss in this case sentenced to apologize to the society?
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It is reported that this case is the first case in Shaanxi Province for minors' personal civil welfare.
The Jingbian County Procuratorate said that the reason for this lawsuit was that a criminal case involving minors caught their attention.
The suspect is a minor and has large tattoos on his left arm and the back of his hand.
Upon questioning, the minor was tattooed in Pang Moumou's shop.
Subsequently, the Jingbian County Procuratorate and the County Health Bureau and other departments inspected the tattoo shop it operates.
After verification, the shop provided tattoo, cleaning and other services without applying for a business license and health permit. The machines, tattoo needles and tattoo pigments used were all purchased online, and there were no Chinese signs, instruction manuals, and precautions.
Chinanews.com learned that the country's first civil public interest litigation case for minors' personal consumption occurred in June 2021.
Today is the first day of the official implementation of the newly revised Minor Protection Law. The Suqian Intermediate People's Court of Jiangsu Province publicly pronounced a civil public interest litigation case of minors' personal consumption in the first instance.
It is understood that in this case, the Shuyang County People's Procuratorate found out in the handling of criminal cases that the tattoo parlor operated by a local Zhang has provided tattoo services to more than 40 unspecified minors, and has not been registered for industry and commerce and has not obtained a health permit. .
Wang Weizhen, an expert in dermatology treatment and medical beauty industry, told Chinanews.com that if the tattoo equipment carries bacteria and is not properly disinfected, it may cause problems such as inflammation, virus infection, implant infection, etc. "Too deep text may also lead to rejection reactions. , scarring growth occurs, which can be fatal if severe."
She believes that if there is an adverse reaction when tattooing or cleaning the tattoo, it will not only damage the body, but also affect the mental health of the child. "The psychological condition of a child who has tattooed at such a young age deserves attention. And if there is a problem, it will also affect the child. It caused a huge psychological impact.”
Chinanews.com interviewed a tattoo shop in Beijing, and its staff said that for a long time, regular stores would not allow minors tattoos.
"Under normal circumstances, you will ask if you are an adult during online consultation, and those who look like children will ask for identification," she said. If you want to wash a tattoo, you need to use picosecond lasers and other methods to wash it many times. " It does hurt, and it can leave scars."
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After consulting with the Central Propaganda Department, the Central Internet Information Office, the Supreme People's Court, the Supreme People's Procuratorate and other 14 departments, an agreement was reached. On June 6 this year, the Office of the Leading Group for the Protection of Minors under the State Council issued the "Measures for the Personal Management of Minors". .
Article 4 of the Measures states that no enterprise, organization or individual shall provide tattoo services to minors, and shall not coerce, induce or instigate minors to tattoo.
Article 5 stipulates that tattoo service providers shall clearly indicate that they do not provide tattoo services to minors.
For those who are difficult to determine whether they are minors, they should be required to show their identity documents.
On June 7, some netizens raised several questions about the "Measures" on the website of the Ministry of Civil Affairs: Should minors' own subjective wishes be completely ignored in tattooing?
If a minor who has obtained parental permission requests a tattoo, can it be recognized...
The Department of Child Welfare of the Ministry of Civil Affairs replied: "Minors are people who have no capacity for civil conduct or have limited capacity for civil conduct. Tattoos are obviously beyond the scope of minors' understanding and rational judgment, and they should be given special protection and priority protection."
The Department of Child Welfare of the Ministry of Civil Affairs stated that Article 17 of the Law on the Protection of Minors stipulates that parents or other guardians shall not commit acts that violate the physical and mental health of minors.
Even if the parents agree that the tattoo service cannot be provided, the tattoo shop operated by the parents cannot give their children a tattoo.
Responsibility for tattoo service providers should be handled according to different cases and according to relevant measures and procedures.
The boss was sentenced to apologize to the society, lawyer: the warning is more important than the result of the lawsuit itself
It is worth noting that the bosses in the above two cases were both sentenced to apologize to the society, and both were civil public interest lawsuits brought by the procuratorate.
It is understood that this is a lawsuit brought to the people's court by the agencies and relevant organizations stipulated by law for actions that harm the public interests, such as polluting the environment and infringing upon the legitimate rights and interests of many consumers.
Jin Zengyu, a lawyer from Beijing Jingpin Law Firm, explained that the reason why the procuratorate brought a public interest lawsuit in this case is to better protect unspecified minor groups across the country. What consequences will be caused, but the law must be considered in the long-term and protect the rights and interests of minors across the country."
She believes that operating a tattoo parlor and choosing a tattoo is a civil liberty, but it should not provide services to minors who have not obtained full capacity for civil conduct, which actually violates the legitimate rights and interests of minors, including current and future rights.
"Requesting the defendant to publicly apologize is also one of the ways to bear the legal consequences, and the social guidance of the law has been better reflected, so the warning significance of such cases is greater than the outcome of the lawsuit itself," she said.
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