Improve bullying prevention and control, resist school violence, clarify guardianship responsibilities, and help promote "bringing children according to law"
The judge interpreted the five highlights of the new version of the Beijing Regulations on the Protection of Minors
On May 5, the newly revised Beijing Regulations on the Protection of Minors (hereinafter referred to as the "Regulations") were voted and passed by the third meeting of the Standing Committee of the 26th Beijing Municipal People's Congress and will come into force on June 2023, 6.
It is reported that the "Regulations" has a total of 9 chapters and 68 stipulations, from the perspective of "six protections" such as family protection, school protection, social protection, network protection, government protection, and judicial protection, focusing on key and difficult issues in the protection of minors, responding to social concerns, and improving system design.
On May 5, Liu Meichen, assistant judge of the Chaoyang District People's Court in Beijing, gave a detailed interpretation to a reporter from Chengdu Business Daily - Red Star News on the highlights and focus issues of the Regulations.
Highlight 1:
Teachers should be sensitive to bullying in schools
"The problem of student bullying has always been a hot issue in the field of education, and the occurrence of school violence has seriously damaged the physical and mental health of students and endangered the healthy growth of minors." Liu Meichen said that if there is a student bullying incident, if the school cannot intervene in time and effectively deal with it, it may lead to bullying behavior from weak to strong, and the damage consequences will change from small to large.
For example, Liu Meichen said that in general, it is more common on campus that teachers find that there are students pushing and fighting, and after asking about the situation, the students say that they are playing, and the teacher often stops asking. Regarding such a phenomenon, Liu Meichen believes that according to the Regulations, the teacher's behavior in the case is illegal.
Liu Meichen pointed out that teachers, as school staff, should be sensitive to bullying in schools. When discovering that a student is suspected of being bullied, it is necessary to have a timely in-depth understanding of the situation to prevent further harm to the victimized student.
The reporter noted that in terms of school protection, in addition to medical care, safety management, sexual assault prevention, etc., the Regulations also specifically provide for the prevention of school bullying, requiring schools to establish a comprehensive prevention in advance, emergency response during the incident, and timely intervention in the event of student bullying prevention and control system.
Highlight 2:
Where the script killing scene is inappropriate, minors must not be allowed to enter
"Minors are still in the process of understanding the world, their outlook on life and values have not yet been fully formed, and they are vulnerable to bad temptations from the outside world, which will delay their studies and even embark on the road of breaking the law and committing crimes." Liu Meichen said.
It is worth noting that in response to script killings and escape rooms, which have been popular among young people in recent years, the Beijing Regulations on the Protection of Minors (Revised Draft) have also imposed corresponding restrictions. The reporter noted that in view of the current situation that some scripts and scenes are not suitable for minors and cause physical and mental injury, the Regulations make it clear that script scripts should set up age-appropriate prompts and indicate the appropriate age range; Where the scene is not suitable for minors, they must not be allowed to enter.
"As a new form of entertainment, operators should fulfill a higher duty of care in the face of juvenile game participants, provide games with positive content, intellectual and healthy, and comprehensively protect the healthy growth of minors." Liu Meichen pointed out.
Highlight 3:
Tattoos and medical beauty for minors must be approved by the guardian
Tattoos and medical cosmetology were originally items that adults came into contact with, but due to the phenomenon of "appearance anxiety" emerging among minors, the age of those who received tattoos and aesthetic medicine has gradually decreased in recent years.
"Tattoos may cause physical harm to minors when their minds are not yet mature, and some minors are left with lifelong disabilities after undergoing improper surgery due to the misguided values of 'appearance is justice' promoted by informal medical and aesthetic institutions."
Liu Meichen told reporters that the Regulations also have relevant provisions on issues such as "young age of plastic surgery" and "young age of tattoos". The Regulations stipulate that without the consent of guardians, minors must not be provided with medical beauty and tattoo services. Where medical beauty or tattoo services are provided to minors in violation of regulations, the health department and the market regulatory department shall respectively order corrections, give warnings, and impose a fine of between 1,5 and 5,50 yuan; If corrections are refused or serious consequences are caused, the supervisors and other directly responsible personnel of medical cosmetology shall be sanctioned or suspended from practicing activities; If the tattoo business premises are suspended for rectification, a fine of between <>,<> and <>,<> yuan may be imposed concurrently.
Highlight 4:
Strictly review online training for minors
In order to allow minors to access the Internet safely and healthily, the Regulations have added a special chapter on network protection, making a series of provisions on the rights and interests of minors online in the digital age.
The Regulations stipulate that providers of online products and services shall establish and complete mechanisms for the protection of minors and online compliance systems, establish channels for complaints and reports, do a good job of reviewing information content, set technical measures to prevent addiction, strengthen information protection, set time and consumption permissions, establish early warning mechanisms for cyberbullying, etc., and also require industry organizations such as online education, online games, online audio and video, and online live streaming to strengthen self-discipline.
In addition, the Regulations also stipulate that online training for minors shall strictly review the content and must not push irrelevant information; Artificial intelligence and algorithm services shall facilitate minors' access to information beneficial to physical and mental health, and must not push information that may lead to imitation of unsafe behavior, induce bad habits, and other such information.
Highlight 5:
Boost "bringing a baby according to the law" to say no to "widowed parenting"
The birth of the Family Education Promotion Law in 2022 has elevated the traditional "family affair" of family education to an important "state affair", and the era of bringing children in accordance with the law has begun.
Liu Meichen told reporters that in judicial practice, "widowed parenting" and "violent parenting" and other improper implementation of family education, infringement of the legitimate rights and interests of minors still exist. Regarding such behavior, Liu Meichen believes that providing material security does not mean that the guardian has fulfilled his parenting responsibility, and even if the two parties are divorced, the subject who bears the responsibility for the child's upbringing should not be "full-care parenting". Under such circumstances, the court has the power to issue a family education order in accordance with the law, requiring either parent to actively perform the responsibility of family education, strengthen parent-child companionship, and provide a good environment for minors.
The Regulations emphasize that the main responsibility for family education is mainly borne by the parents or other guardians of minors, and guardians should respond to the state's call to "bring up children in accordance with the law", actively participate in family education guidance and practical activities, and jointly build civilized and harmonious family relationships.
Chengdu Business Daily - Red Star News reporter Yang Yuqi