Minors are always a group that all countries must protect. In view of the universal characteristics of minors, laws and regulations have been studied to protect them, but despite this, many minors' rights and interests have been violated. What laws and regulations are there to protect minors? There are many laws and regulations in China, such as Constitution, Criminal Law, Popularization of Laws for All, Marriage Law, Compulsory Education Law and so on. The protection of minors is clearly defined. In addition, China has specially enacted the Law on the Protection of Minors in People's Republic of China (PRC) and the Law on the Prevention of Juvenile Delinquency in People's Republic of China (PRC), which respectively specify the legal responsibilities for the protection of minors from four aspects: family, school, society and justice. Measures to improve juvenile delinquency in China: 1. Establish an independent juvenile criminal law. At present, there is no independent juvenile criminal law in China. Considering the particularity of minors, although there are provisions on juvenile delinquency in the law, the law based on adult delinquency is not applicable to minors after all, and special juvenile laws should be formulated. The law should clearly stipulate the age, responsibility and punishment standard of juvenile delinquency; Increase the independent crime of juvenile delinquency, clarify the principle of lenient punishment, appropriately reduce the punishment, relax the conditions of commutation and parole, and learn from foreign education-oriented concepts to protect juvenile delinquency. 2. Improve the appropriate adult presence system. We should make clear the mandatory and necessary of the proper adult presence system, and change "can be notified" into "should be notified" to avoid the situation that juvenile criminal suspects are not present. If the legal guardian of a juvenile criminal suspect cannot be present, he shall notify other suitable adults. Change the concept of case handlers, make them aware of the importance of this system, and ensure that the rights of minors are guaranteed. Set the conditions for the presence of adults. Although some adults are on the scene according to the notice, they don't know their responsibilities and purposes, lack legal knowledge and can't help juvenile criminal suspects. 3. Make specific provisions on juvenile trial methods. According to the actual situation in our country, it is difficult to set up a special juvenile court in a short time, and relevant regulations can be made for juvenile suspects during the trial. First, explain the technical terms. Some minors have a low level of cultural education and lack of legal knowledge, so they can't correctly understand the judges' professional vocabulary. In this case, we can explain professional vocabulary for juvenile suspects. It not only guarantees the basic rights of juvenile criminal suspects, but also helps the trial to proceed smoothly and orderly and improve the trial efficiency; Secondly, the atmosphere of court trial should not be too tense and depressing. Due to the young age and low psychological endurance of juvenile criminal suspects, in this serious atmosphere of the court, it will inevitably have a certain impact on their psychology. Moreover, many juvenile criminal suspects are first-time offenders, and they can't express their statements completely and truly in a strange and tense environment. The above is the introduction of the laws and regulations on the protection of minors. Minors are easily influenced by the bad behavior of others, especially adults, and may commit illegal or even criminal acts without discriminating ability, which requires the society to increase more legal knowledge and normative provisions for the education of minors.
Legal objectivity:
I. General Principles for the Protection of Minors (I) Principle of Special Priority Protection Article 3, paragraph 1 of the newly revised Law on the Protection of Minors stipulates that the state shall give special priority protection to minors according to their physical and mental development characteristics and protect their legitimate rights and interests from infringement. Give special and priority protection to minors, that is, the principle of "minors first". Its basic meaning means that the state and society should attach great importance to the rights of minors and their survival, development and protection. No matter what the circumstances, any organization or individual should give priority to minors. The newly revised Law on the Protection of Minors highlights in the general provisions that it is of great significance to give special and priority protection to minors according to the laws and characteristics of their physical and mental development. It is a general principle for the protection of minors and a red line that runs through the whole law. For example, the newly revised Law on the Protection of Minors stipulates in the chapter on social protection that "when emergencies occur in schools, kindergartens, nurseries and public places, priority should be given to helping minors." Patriotism education bases, libraries, youth palaces and children's activity centers should be open to minors free of charge; Museums, memorial halls, science and technology museums, exhibition halls and other places shall be open to minors free of charge or preferential treatment in accordance with relevant regulations; In the chapter on judicial protection, it is stipulated: "In judicial activities, legal aid institutions or people's courts shall give help to minors who need legal aid or judicial assistance, and provide them with legal aid or judicial assistance according to law." "For minors who commit crimes, the policy of education, probation and salvation shall be implemented, and the principle of giving priority to education and supplementing punishment shall be adhered to. If a minor commits a crime, he shall be given a lighter, mitigated or exempted punishment according to law. " The principle of giving special and priority protection according to the characteristics of minors' physical and mental development is a sublimation of the understanding of the regularity of minors' protection work and a concentrated expression of the advanced concept of children protection in the international community in domestic law. (II) Principle of Equal Protection The third paragraph of Article 3 of the newly revised Law on the Protection of Minors stipulates the principle of equal protection for minors, that is, "minors enjoy equal rights according to law regardless of gender, nationality, race, family property status, religious beliefs, etc." China's current laws not only provide general protection for minors, but also provide protection for special minors or minors under special circumstances. It is wrong to ignore the general legal protection of minors; It is also wrong to ignore the protection of special minors or special circumstances of minors. The so-called equal protection should be an organic combination of general protection and special protection, not that all children and minors should be treated equally. Two. The basic principle of the protection of minors is also the principle of the legal protection of minors, which refers to the guidelines that guide the protection of minors. According to Article 5 of the newly revised Law on the Protection of Minors, the basic principles to be followed in protecting minors include: respecting the personal dignity of minors; Adapt to the laws and characteristics of minors' physical and mental development; Combination of education and protection. (1) Respecting the personal dignity of minors is also a right of personality, which can be divided into broad sense and narrow sense. Personality rights in a broad sense include life and health rights, name rights, reputation rights, honor rights, portrait rights and marital autonomy. The narrow sense of personality right usually refers to the right of reputation. Respecting minors' personal dignity is not only from the perspective of protecting minors' personal rights, but also from the perspective of respecting minors' independent personal dignity, so that minors' self-esteem will not be hurt and their personal values will not be devalued. The law recognizes that every citizen enjoys equal personality rights, and the personal dignity of citizens should be respected according to law. Minors should constantly establish their self-esteem, self-reliance, self-confidence and self-improvement in the process of growth and development, which requires the society and adults to treat their children as friends and change the old concept that children are the private property of their parents. Respecting the personal dignity of minors is an obligation stipulated by law. Especially for minors who commit crimes, we need to respect their personality and educate and influence them through patient and meticulous work in the right way. (2) The laws and characteristics of adapting to the physical and mental development of minors include physical development (structural form and physiological function) and psychological development (cognitive ability and psychological characteristics, knowledge and skills and ideological and moral character). Minors are growing up and are fundamentally different from adults in physiology and psychology. The physical and mental development of minors has its own laws and characteristics. 1, unbalanced physical and mental development. This is mainly manifested in two aspects: first, the development speed of the same aspect is uneven in different age groups. The second is the imbalance of development in different aspects. Therefore, we should adapt to the imbalance of physical and mental development, seize the critical period and conduct education in time. In this period, the training of an individual in one aspect can achieve the best effect and give full play to his potential in this aspect. If you miss the critical period, the effect of training will be reduced or even irreparable. 2. The sequence and stages of physical and mental development. The individual's psychological and physiological development is a continuous development process from low level to high level and from quantitative change to qualitative change, showing a certain stage and order. Each stage has its common laws and characteristics, and has different performances and different needs in the later stage. It is necessary to adapt to the order and stage of physical and mental development, step by step, and neither overstep nor rush, let alone wait blindly and miss the opportunity. 3. Complementarity of people's physical and mental development. For example, people's spiritual strength, will quality and emotional state can regulate the whole body, help people overcome diseases and disabilities, and make their body and mind still develop. However, if a person's psychological endurance is too poor, he lacks self-adjustment ability and strong will, then even minor illnesses and difficulties will knock him down. Complementarity tells us that some development possibilities are directly visible, while others are faintly visible. Cultivating the quality of self-confidence and hard work is an important part of education. 4. Individual differences in physical and mental development. Individual differences exist at different levels and degrees. It should be noted that the difference of individual development level is not only caused by the difference of individual innate quality and internal function, but also influenced by the efforts, self-awareness and independent choice direction of the environment and development subjects in the development process. In education, while understanding the general laws of physical and mental development of minors, we should also pay attention to individual differences, adjust educational methods and teach students in accordance with their aptitude. The physical and mental development of minors should follow these common laws, which restrict our educational work. Following and applying these laws can make education work achieve good results. On the contrary, it may get twice the result with half the effort, even dampen students' learning enthusiasm and reduce the effectiveness of education. Therefore, the general provisions of the newly revised Law on the Protection of Minors stipulate that the protection of minors should follow the principle of adapting to the laws and characteristics of the physical and mental development of minors. As a concrete embodiment of this principle, for example, in the chapter of family protection, the content that parents or other guardians should "pay attention to the physiological, psychological and behavioral habits of minors" has been added; In the chapter of school protection, it is stipulated that "schools should provide social life guidance, mental health consultation and adolescent education to underage students according to their physical and mental development characteristics"; In the chapter of social protection, it is stipulated that "when emergencies occur in schools, kindergartens, nurseries and public places, priority should be given to helping minors." In the chapter of judicial protection, it is stipulated that "if a minor's legitimate rights and interests are infringed and a lawsuit is brought to the people's court according to law, the people's court shall promptly hear the case according to law, adapt to the physiological and psychological characteristics of minors and the needs of healthy growth, and protect the legitimate rights and interests of minors." "Public security organs, people's procuratorates and people's courts shall take care of the characteristics of minors' physical and mental development, respect their personal dignity, protect their legitimate rights and interests, and set up specialized agencies or designate special personnel to handle them according to needs. Minors who are detained or serving sentences shall be held separately from adults. "(3) The combination of education and protection Education and protection are two major themes for the protection of minors, and they are combined and complement each other. We can't just talk about protection and ignore education, and we can't ignore protection. Minors are in the process of physical and mental development and are easy to accept new things, which is the best stage of education. Only through education can they become talents needed by society, and through education of minors, they can develop their body and mind, promote perfection, greatly enhance their ability to resist foreign aggression and realize self-protection. In this sense, education has a protective effect on minors. However, education is not equal to the protection of minors, nor can it replace the protection of minors. Therefore, while educating minors, we also need the protection of the whole society. However, when it comes to protection, we should not overprotect or spoil it. When choosing protection means, we should consider the factors of education at the same time, and promote education while realizing protection, but we can't ignore or even have a negative impact on education. That is, organically combine protection measures with educational measures, integrate protection into education, strengthen education in protection, and earnestly implement the principle of combining education with protection.
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