On the Law of People's Republic of China (PRC) on the Protection of Minors
Based on the analysis of the implementation of the law on the protection of minors in recent ten years, this paper discusses the necessity and problems that should be paid attention to in the revision and improvement of the law on the protection of minors in China, and puts forward some legislative suggestions for revision and improvement. Law on the Protection of Minors; Draw lessons from; Perfecting the Law on the Protection of Minors in People's Republic of China (PRC) (hereinafter referred to as the Law on the Protection of Minors) is the first special law in China to protect the healthy growth of minors and safeguard their legitimate rights and interests. It came into effect on 1 June, 9921. The Law on the Protection of Minors has played an important role in safeguarding the legitimate rights and interests of minors and promoting their healthy growth for more than ten years. However, in order to better adapt to the new situation facing the protection of minors in China, it is necessary to further revise and improve this law. I. Necessity of Revision and Perfection of the Law on the Protection of Minors In nature, the Law on the Protection of Minors is a comprehensive law to protect the rights of minors. Although the provisions of this law involve all aspects of the protection of minors' rights, some provisions are abstract, with unclear legal responsibilities and lack of operability; On the other hand, the implementation of this law for more than ten years has been a period of extremely rapid development of politics, economy, culture and education in China, and also a period of rapid development of socialist legal system construction in China. Therefore, in view of the actual needs of protecting children's rights in China and the needs of the country's economic, political and cultural reform and development situation, it is necessary to amend and improve this law. First, compared with the legislative background of the law on the protection of minors, the current social situation has changed. The first change is that with the diversification of economic components and interests, the contradiction between the interests of minors and other groups is prominent. Some parents force their children to drop out of school, schools organize students to participate in commercial activities, factories illegally employ child labor and other violations of minors' rights and interests occur from time to time; Special groups among minors, such as disabled children, children from poor families and children of floating population, need legal protection more. The second change is that with the diversification of social life style, bad social culture and ugly phenomena have had a negative impact on the growth of minors. Violence, drug abuse, pornography, extortion and robbery are prominent problems, and the psychological problems of minors need special attention. The third change is the one-sided pursuit of enrollment rate, and the adverse effects of high credits on students. It is not uncommon for schools to ask students to make up lessons on the grounds of improving their academic performance, sell teaching AIDS such as exercise books and problem sets in disguise, and charge tuition fees and information fees. These behaviors increase students' academic burden and can't guarantee students' time for rest, entertainment and extracurricular social practice activities. The fourth change is that the negative content in the network hinders the formation of healthy personality and normal socialization of minors. Internet has indeed increased the communication and exchange between teenagers and the outside world, but the proliferation of negative information on the Internet has become an influencing factor that aggravates the wrong behavior of minors. Uncontrolled online roaming endangers the health of minors; The virtual network world makes some minors ignore interpersonal communication, deviate from social norms, and some even lead to crimes. Second, the defect of the law on the protection of minors itself-poor operability. Although the Law on the Protection of Minors has made comprehensive protective provisions on the rights of minors from the aspects of family, school, society and justice, it is only a principled provision, which is abstract and does not clearly define some problems in the actual operation process. It is not a complete substantive law and procedural law, so it is difficult to apply in practice. For example, Article 26 of the Law on the Protection of Minors stipulates that children's food, toys, utensils and amusement facilities shall not be harmful to children's safety and health. This regulation is very important for children's safety and health, but there is no subject regulation and no clear responsibility subject. Once such problems occur in practice, it is difficult to define the corresponding responsibilities with this clause. 1999, the National People's Congress Standing Committee (NPCSC) promulgated the Law of People's Republic of China (PRC) on the Prevention of Juvenile Delinquency as a supplement to the former, but this law also has the same problems. The court has never and cannot invoke this law to try cases involving minors. In terms of juvenile delinquency, the Law on the Protection of Minors only stipulates that it should be handled with reference to the relevant provisions of the Criminal Law. However, the criminal law was amended as early as 1997, and the corresponding provisions are no longer the original content, so the two laws can not be connected at all. Second, the problems that should be paid attention to in revising and perfecting the law on the protection of minors are to strengthen government functions. In legislation, according to the new situation of social and economic development, we should formulate administrative regulations that are compatible with the law on the protection of minors and improve the legal protection system for minors in China. All provinces, autonomous regions and municipalities directly under the central government should further formulate and improve the implementation measures of the law on the protection of minors in their respective regions, and establish and improve the organizational system and working system for the protection of minors; In law enforcement, it is necessary to further enhance the awareness of leading cadres on the protection of minors, strengthen the coordination and cooperation of various departments, intensify law enforcement inspections, and vigorously promote the implementation of the law; In law-abiding, we should strengthen the publicity and education of this law, so that every citizen knows and consciously respects the personal dignity and property rights of minors, and the concept of protecting minors is deeply rooted in the hearts of the people. Second, learn from foreign legislation. Many countries in the world have formulated detailed and perfect laws and regulations to protect the legitimate rights and interests of minors. For example, Germany's "Regulations on the Protection of Teenagers" stipulates that computer games must be marked with different age limits according to the content, just like movies and videos. French children's law emphasizes that children have the right to live with their parents. Unless his father