Chapter 9 Article 132 Many System Breakthroughs
The revised unprotected law protects the "young you"
Establish a minor protection system with Chinese characteristics, compact family and national guardianship responsibilities, add a mandatory reporting system after discovering violations of minors’ rights and interests, create an access qualification system for close contact with minors in the industry, and strengthen Legal Responsibilities... On the afternoon of October 17, the 22nd meeting of the 13th National People’s Congress passed the newly revised "Law on the Protection of Minors of the People’s Republic of China" with a high vote, and it will start on June 1, 2021 Implement.
Guo Linmao, director of the Social Law Office of the Legal Work Committee of the Standing Committee of the National People's Congress, said that the revised law on the protection of minors complements the shortcomings of the existing laws and protects the rights and interests of minors to the greatest extent.
This revision has made substantial revisions and improvements to the current law on the protection of minors, adding two new chapters, "Network Protection" and "Government Protection", expanding from Chapter 7 to Chapter 9, and increasing the number of articles from 72 to 132. Involving every clause of the original law.
Tong Lihua, director of the Beijing Youth Legal Aid and Research Center, said that the revised law on the protection of minors will initially assume the mission of my country’s minor constitution for the protection of minors.
For the first time, it is clear that the coordination mechanism for the protection of minors shall be undertaken by the civil affairs department
The General Provisions newly added the principle of the most beneficial to minors, and stipulated that the specific work of the coordination mechanism for the protection of minors should be undertaken by the civil affairs department of the people's government at the same level or the department determined by the provincial people's government.
Guo Linmao said that there are certain disputes in the review and revision of the department responsible for the specific work of the juvenile protection coordination mechanism.
The main considerations for making the above provisions are: the establishment of a coordination mechanism for the protection of minors is clearly proposed in the law, which is an unprecedented major progress.
Relevant responsibilities for the protection of minors are scattered among different government departments and units. The division, multiple management, and unclear responsibilities have seriously affected the effectiveness of the protection of minors. There is an urgent need to establish an effective coordination mechanism.
In terms of work intensity and effectiveness, the law clarifies that government departments should undertake the specific tasks of the 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 country’s responsibilities, and it also has a good working foundation. From the State Council to the county-level people’s government, the civil affairs department is responsible for the reality and feasible, and it is also in line with the law.
At the same time, taking into account the differences between regions, giving localities a certain degree of flexibility.
In practice, some local minor protection work coordination and deliberative bodies are located in education and other departments, and good results have been achieved.
Establish information inquiry system for criminals such as sexual assault
Tong Lihua said that cases of infringement of minors' rights and interests in schools, education and training institutions and other units that have close contact with minors are more concealed.
Many such cases enter the public eye because of accidental factors or extremely bad circumstances and serious consequences.
In order to fundamentally prevent and reduce such injuries, the revised Law on the Protection of Minors stipulates in the chapter "Government Protection": "The state establishes an information query system for criminals such as sexual assault, abuse, abduction, and violence. Units in close contact with minors provide free inquiry services."
Corresponding to this article, the revised Law on the Protection of Minors stipulates two specific systems for the recruitment of "units in close contact with minors" and regular annual inquiries. If applicants or staff members are found to have the above-mentioned illegal or criminal acts, they should not Hiring and dismissing in time.
If a unit that has close contact with minors fails to perform the duty of inquiry, or recruits or continues to employ persons with relevant illegal and criminal records, they shall be ordered to make corrections within a time limit, given a warning, and imposed a fine of less than 50,000 yuan; if they refuse to make corrections or cause serious consequences , Order to suspend business for rectification or revoke the business license, and impose a fine of 50,000 yuan up to 500,000 yuan, and impose penalties on the relevant responsible personnel according to law.
In order to prevent and reduce cases of sexual assault of minors in schools, the revised Law on the Protection of Minors stipulates that schools and kindergartens should establish a work system to prevent sexual assault and sexual harassment of minors.
In the "Social Protection" chapter, the prohibition of "sexual harassment" is specifically added. On the basis of prohibiting the production, copying, publishing, and dissemination of obscene and pornographic materials and online information related to minors, the prohibition of "possession" is specifically added.
Tong Lihua introduced that in some countries, possession and browsing of pornographic materials targeted at minors would constitute a crime. my country originally lacked clear legal regulations on this.
The revised Law on the Protection of Minors clearly prohibits the “possession” of pornography targeted at minors, adding only two words as far as possible, but this is a major change that should arouse social attention.
Prevent Internet addiction, innovate and develop a system for protecting minors on the Internet
There is a separate chapter for the protection of minors on the Internet. Tong Lihua believes that this has initially established the legal basis for the protection of minors on the Internet in my country.
The revised law on the protection of minors stipulates that the state, society, schools, and families must form a joint force to cultivate minors’ network literacy.
How to prevent online addiction is currently a focal issue in the field of protection of minors. Although the National Press and Publication Administration has issued the "Notice on Preventing Minors from Indulging in Online Games", there are no specific regulations at the legal system level.
The revised law on the protection of minors has made specific provisions on this in eight aspects: it clarifies the specific responsibilities of government departments such as education, health, press and publication, cultural tourism, and Internet information; The content has been stipulated; when all network services such as online games, online live broadcasts, online audio and video, and online social services use their services for minors, the corresponding time management, authority management, consumption management and other functions shall be set; the requirements of online games shall be clarified. Specially approved system; in order to comprehensively realize the online protection of minors and protect their privacy rights, it is clearly stipulated that the state shall establish a unified online game electronic identity authentication system for minors, which is a revised minor protection law A major system created clearly stipulates the classification and management of game products; special regulations are made for the time of online game services; and the education and guidance functions of schools are clearly stipulated.
The issue of whether minors can participate in live webcasts has always been disputed in the society. The revised Law on the Protection of Minors clearly stipulates that: Internet service providers shall not provide webcast publisher accounts for minors under 16 years of age. Registration service. When providing webcast publisher account registration service for minors who have reached the age of 16, their identity information should be authenticated and their parents or other guardians' consent should be obtained.
China Youth Daily and China Youth Daily reporter Wang Yijun and Jiao Minlong Source: China Youth Daily