The participation of the social fire activity "Cute Baby" has caused controversy. The protection of minors needs to be paid attention to urgently
Traditional folk activities should conform to the spirit of law
□ Reporter Zhao Chenxi
A red event float was driving slowly among the crowd. On the float, five children in ancient costumes interacted with the onlookers on a not-so-spacious circular platform. There were crowds of people on both sides of the float, and people applauded and cheered from time to time. Suddenly, the situation changed suddenly, the pole of the float broke, and the circular high platform at the top tipped over in an instant, and the five performing children fell from the float amidst the exclamation of the people...
This heart-wrenching scene took place the day before the Lantern Festival. On February 4, Jingsi Village, Doumen Street, Xixian New District, Xi'an City, Shaanxi Province, had an accident while playing the "Lantern Festival" with a social fire. The support pole of the float broke , resulting in the unfortunate fall of five children.
On February 6, the staff of the Doumen Sub-district Office responded to the media saying that the accident was true, and said that all five children had been hospitalized for observation and their physical condition was stable.
At present, the police have intervened in the investigation, and local social fire activities have also been stopped.
In recent years, accidents have occasionally occurred in traditional folk activities. This accident has attracted much attention because many children were involved. Netizens have questioned why such folk activities "must be attended by children"?
Liu Junhai, a professor at the Law School of Renmin University of China, pointed out in an interview with a reporter from the "Rule of Law Daily" recently that this accident should arouse the vigilance of many parties. Introduce local regulations to regulate.
"Shehuo baby" out of the circle caused safety concerns
With the continuous optimization and adjustment of the epidemic policy, in this first month, the rural social fire activities that have been silent for several years have restarted. On major short video platforms, the videos of social fire activities in various places continue to "go out of the circle" frequently.
"Shehuo" is an ancient Chinese folk carnival and New Year's celebration to pray for a good harvest and sacrifice to the land, including gongs and drums, cores, stilts, bamboo horses, dry boats, lion dances, dragon dances, Yangko and other forms.
Accompanied by various Shehuo performance videos, the various "Shehuo Babies" who participated in the performance also attracted the attention of the whole network because of their cuteness and cute appearance.
While praising the cuteness and bravery of the cute babies, how to ensure the safety of the children in the performance also affects the hearts of the majority of netizens.
Such concerns are not unreasonable. In a video of a Shehuo performance in Lanzhou, Gansu Province on February 5, three children played the role of Guanyin and two boys, and were held in midair by a long wooden stick.
During the performance, the three children all fell asleep in mid-air, and their bodies swayed freely with the floats below.
Many netizens said that children are not like adults, and their self-control and coordination in performances are difficult to control, and they are prone to sleeping and playing in high altitudes, and the risk factor is too high.
Coincidentally, on February 6, in Songxian County, Henan Province, a performer in a costume stepped on stilts, and a cute baby about two years old was supported on a thin stick extending from the top of the hat. The child's body was accompanied by The steps of the stilt walker sway from side to side from time to time, and the eyes look around curiously...
Many netizens who have watched the video are "squeezing sweat" for the child. The performer and stilts are several meters high, and the child is held high by a wooden stick. If it falls, the consequences will be disastrous.
In response, the curator of the Song County Cultural Center responded that the project is an old tradition passed down for thousands of years - "old county back clothes". The parents who selected their children feel very honored because their children can participate in the performance, and are very willing to let their children participate in this folk activity.
But this kind of response obviously cannot reassure netizens. Some netizens bluntly said that only the performers and the children being held up are seen in the video. There is no protection net or so-called protection personnel around. Accidents often happen in a flash. How can we ensure the safety of children?
Attention must be paid to the protection of minors
According to Wang Zhi, vice chairman of Shaanxi Folk Literature and Art Artists Association and folklore expert, the social fire show where five children fell into accidents occurred this time is a core skill. Nowadays, car cores are mostly used, and cores are usually fixed on small cars. A sub-table, a core frame and a core platform are fixed on the table, and one or two or more children who play roles are fixed on the core platform, wearing dramatic costumes, and performing mysterious and thrilling actions during the march.
Children who dress up as various characters in the Shehuo performance are commonly known as "shangxinzi", because it means to ward off evil spirits and eliminate disasters, welcome good luck and happiness, and parents are scrambling to hope that their children can "shangxinzi".
It is undeniable that with the popularity of "Shehuo Baby" on the short video platform, traditional folk activities in various places are also known to more people.
In Liu Junhai's view, the development of traditional folk activities should be supported, but an important prerequisite is to comply with the spirit of the law, keep the bottom line of the law, and not exceed the red line of the law.
Taking the recent accident involving children participating in social fire performances as an example, Liu Junhai believes that regardless of whether children have been used to participate in such social fire activities before, this practice does deviate from the legislative spirit of the law on the protection of minors .
One of the biggest highlights of the revised Law on the Protection of Minors, which came into effect on June 1, 2021, is that for the first time, the principle of being most beneficial to minors has been clarified in the law as the basic principle of the protection of minors.
Article 4 of the Law on the Protection of Minors clearly stipulates that the protection of minors should adhere to the principle of being most beneficial to minors. The first and fourth items require that when dealing with matters involving minors, minors should be given Special and priority protection, adapting to the laws and characteristics of the physical and mental health of minors.
"This principle runs through the Law on the Protection of Minors, and also establishes the behavioral principles for families, schools, and various sectors of society to treat minors." In Liu Junhai's view, regardless of whether the facilities for such performances are safe or not, Whether there are staff around to protect them, allowing minors, especially very young minors, to participate in such risky folk activities can easily increase the risk of minors being injured, and there is a great potential safety hazard should be considered for rectification or adjustment.
Folklore Activities Should Strictly Adhere to the Legal Bottom Line
In the discussion on whether minors should be allowed to participate in folk activities and performances, some people pointed out that the inheritance of traditional folk culture is not easy, and we should not give up eating because of choking, and "kill them with a stick" because of accidents.
In this regard, some people also pointed out that in the past few years, putting Kongming lanterns was very popular as a folk culture. Many people would put Kongming lanterns to pray for blessings, but when they realized the harm, they also carried out rectification.
On February 5, a video of tourists setting off Kongming lanterns in a scenic spot and being dragged down by security personnel became popular on the Internet.
Kongming lanterns belong to high-altitude flying objects with open flames. After being launched into the air, the temperature of the outer flame can reach as high as 300 degrees Celsius. After burning, the rising height can reach 4,000 meters. Gas stations, residential areas, etc. will pose a threat, there are serious safety hazards, and it is very easy to cause major safety accidents and fire accidents.
Accidents caused by the lighting of Kongming lanterns have occurred frequently. In recent years, relevant departments have continued to publicize the prohibition of Kongming lanterns and intensified supervision and inspections.
Before every festive season, the fire departments in various places will remind the public to prohibit the release of Kongming lanterns. According to the law, setting off Kongming lanterns in places with fire and explosion hazards may be suspected of violating the fire protection law. Therefore, it constitutes the crime of arson and bears the corresponding legal responsibility.
In Liu Junhai's view, the rectification of the lighting of Kongming lanterns is a good example. Folklore activities are worthy of encouragement on the premise of not violating the law. In particular, some traditional folklore activities have lasted for thousands of years in some places. In principle, It should be respected and inherited.
However, if some of the contents or forms contradict or conflict with the basic principles and system design of the current law, they should be considered for rectification and gradually improved, and the legal red line must be strictly observed.
"Every region knows the local folk culture and customs best. It is recommended that localities issue local regulations for some traditional folk activities, and regulate the activities' development procedures, safety facility requirements, and restrictions on participants." Liu Junhai suggested that for traditional folk activities carried out in various places For folk activities, relevant departments should establish and improve the filing system, and strengthen guidance and supervision to ensure that folk activities are carried out legally and safely.