The latest amendment to the Wuhan Minors Protection Regulations: Children's safety seats should be used under the age of 4

  On September 19, 2017, the Sixth Session of the Standing Committee of the 14th National People's Congress of Wuhan passed the "Wuhan City Protection of Minors" (hereinafter referred to as the "Regulations"), and the "Regulations" were officially implemented today.

Proposed by the Office of the Youth Rights Protection Committee of Wuhan Municipality, the Standing Committee of the Municipal People's Congress in 2016 carried out legislative research and incorporated it into the 2017 legislative plan. Wuhan City lasted for one year and comprehensively revised the "Implementation Measures for the Protection of Minors in Wuhan" (hereinafter referred to as the "Implementation Measures") formulated in 1992. The newly revised "Regulations" consists of 70 articles, which are divided into eight chapters: General Provisions, Family Protection, School Protection, State Organs Protection, Social Protection, Protection of Special Groups, Legal Responsibilities, and Supplementary Provisions.

In accordance with the system structure of the upper-level law, the "Regulations" clarified the responsibilities of various types of protection subjects, built a clearer responsibility system, and formed a more systematic protection mechanism. At the same time, in response to some new situations and new problems faced in the protection of minors, we will respond by amending the regulations. Many of the experience and practices accumulated in the protection of minors have been absorbed and fixed through the revision of laws and regulations, which has become the legal basis and strong support for the protection of minors in Wuhan, and further enhance the legalization level of the protection of minors.

Minors under 4 years of age

Child safety seat should be used

In recent years, minors have been trapped in cars and bicycles and other safety accidents, many of which are caused by improper family supervision. The newly revised "Regulations" emphasizes the primary guardianship duties of the family, especially the protection of the personal safety of minors at different ages, and gives detailed provisions of the specification. This is the first in the domestic legislation on the protection of minors.

The "Regulations" in the chapter on family protection stipulates that guardians should provide adequate supervision for minors under the age of 8 and must not be placed in unattended or safe places; minors under 12 You are not allowed to take the co-pilot seat at the age of 8 years old. You must not be left alone in the car when you are under 8 years old. Children under the age of 4 should use the child safety seat. Parents must not allow minors under the age of 12 to ride bicycles on the road. A minor who is 16 years old rides an electric car on the road. This article stipulates the division of middle age and absorbs the criteria for the classification of the age of people without civil capacity in the General Principles of Civil Law.

Rule of virtue + rule of law

Three-dimensional prevention and treatment of campus bullying

According to a network survey launched by Tencent News in 2017, nearly 60% of the 36,000 respondents indicated that they have experienced school bullying. In this legislative investigation, many parents also complained about the negative impact of school bullying on children's physical and mental health. In this regard, the "Regulations" clarified the mechanism of school bullying prevention and treatment, and for the first time the school should entrust the students with eight major educations such as socialist core values ​​education and rule of law education. Dehua people, to establish a good campus atmosphere, to prevent the prevention of campus violence.

The "Regulations" stipulate that schools should incorporate prevention and treatment of school bullying into school safety work, establish prevention, treatment systems and emergency response plans for school bullying, publish reports, complaints, investigate, master the situation of students, and timely conduct mental health consultation for students. And channeling to prevent the occurrence of bullying on campus. Schools shall promptly stop school bullying behavior, notify parents of the students, and educate and deal with the aggressors according to the seriousness of the situation; report to the public security organs immediately for possible incidents of campus security; the education department shall be in the school with the public security, street and other departments. Organize a working group to prevent and deal with school bullying incidents.

Campus video surveillance

Strictly check teacher qualifications

Last year, the incident of child abuse in kindergartens caused widespread concern. During the revision of the "Regulations", representatives of provincial and municipal people's congresses made recommendations, and relevant regulations should be added to the "Regulations" to prevent and control child abuse incidents in kindergartens.

Finally, the "Regulations" stipulate that teachers and health care personnel should obtain vocational qualifications in accordance with relevant state and provincial regulations. Kindergarten nurses should receive vocational training and obtain post qualifications; schools and kindergartens should install safety video facilities, and conditionally, network monitoring with public security organs; schools, kindergartens and their staff should not insult, corporal punishment or corporal punishment in disguise; education The department shall strengthen the supervision of kindergartens, regularly inspect, evaluate and guide the kindergarten's conservation and education work.

Minor registration live

Subject to parental authorization

The current e-sports, entertainment, and technology activities in the live webcast attract the attention of minors, and many people are also involved, but the problems have also appeared. To this end, the "Regulations" stipulate that the video live broadcast site hires minors as anchors or provides anchor registration channels for minors, and should obtain the consent of the parents or other guardians of the minors.

How is the regulation implemented in terms of scientific and technological means? Wuhan Betta Network Technology Co., Ltd. is a live broadcast enterprise under the supervision of Wuhan. Deng Yang, the company's vice president of legal affairs, said that before the revision of the Regulations, there were some practical explorations in Betta. In the registration process, Betta uses a third-party face real-name authentication system. If the registrant is found to be a minor, it will not be passed. If a minor needs to broadcast live, the guardian needs to take the ID card and the authorization letter to upload and approve the photo. After the audit is passed, the auditor will check the live subject and content during the broadcast to avoid unauthorized broadcast of the minor. Strictly check the content of the live broadcast, once the violation will be handled according to the rules.

Advocating "integration education"

Guarantee the right to education of disabled minors

In this legislative study, many parents of disabled children hope that their children can grow up in an environment free from discrimination and better integrate into society. In January 2017, the Regulations on the Education of Disabled Persons (Revised Draft) adopted by the State Council executive meeting also proposed to promote the integration of education to ensure that disabled persons enter ordinary kindergartens and schools for education.

In the end, the "Regulations" stipulate that if the minors with age-appropriate disabilities can adapt to ordinary school life and receive general education, they should be close to ordinary schools for compulsory education; the municipal and district people's governments should strengthen the construction of special education schools and make overall plans, with priority in the part. Classrooms for special education resources shall be established in ordinary schools; the education department shall, in conjunction with the Health and Family Planning Department, the Civil Affairs Department and the Disabled Persons' Federation, establish a committee of experts on the education of persons with disabilities, the committee's physical condition, ability to receive education and adapt to school learning for minors with age-appropriate disabilities. The ability to live is evaluated and recommendations for admission and transfer are proposed.

Revision

At the beginning of 2017, the Standing Committee of the Municipal People's Congress will revise the "Implementation Measures" into the annual legislative plan. After investigation and drafting, reviewing and revising, and passing the approval, Wuhan has sent the most suitable "magic weapon" to the city's minors. "Breaking, and then refactoring, none of the new "Regulations" is the same as the old "Implementation Measures." Guo Zeqiang, a professor at the Criminal Justice College of Zhongnan University of Economics and Law, who participated in the drafting of the Regulations, said.

The old "Implementation Measures" is difficult to solve new problems.

As early as 2014, Ye Wenjing, a representative of the Municipal People's Congress, proposed to the Municipal People's Congress Internal Affairs Judicial Committee the revision of the "Implementation Measures." At the time, she was the secretary of the Communist Youth League Committee. She noticed that although the "Implementation Measures" formulated in 1992 have been revised three times, it is still difficult to adapt to new problems. With the revision of some of the upper-level laws, the old "Implementation Measures" have appeared to be inconsistent with the upper-level law. In addition, it is even more difficult to effectively solve problems such as minors' addiction to the Internet, school bullying, improper supervision, and lack of supervision. Through years of law enforcement practice, Wuhan City has accumulated experience in the “12355” hotline rights protection, the construction of minors' protection work teams, campus safety, and the children of migrant workers. However, Ye Wenjing knows that these laws can only be amended through amendments. Experience can be absorbed in order to build the most reliable "protective umbrella" for children.

In 2016, the Standing Committee of the Municipal People's Congress carried out legislative research. Liu Xin, the current secretary of the Communist Youth League Committee, participated in the research work, scientifically demonstrated the necessity of amending the "Implementation Measures", and promoted its inclusion in the 2017 Legislative Plan of the Municipal People's Congress Standing Committee.

Drawing opinions for the people's legislation, setting up a special chapter to protect special minors

In March 2017, the revision work was fully launched, and a legislative work class consisting of the Municipal People's Congress Internal Affairs Judicial Committee, the Municipal People's Congress Standing Committee Law Office, the Municipal Government Legal Affairs Office, and the Communist Youth League Committee was established to make full use of the internal justice experts and Wuhan. A wealth of legal teaching resources, entrusted the team of experts from Zhongnan University of Economics and Law to adopt a "bundled" joint drafting work model to strengthen the legislative professional strength.

In the spirit of legislation for the people, the work class has extensively conducted interviews with the public and relevant departments, and collected and summarized 81 opinions. During the investigation, during the legislative investigation, representatives of community cadres and social workers suggested that some of the minors were in a state of long-term unattended care because of their parents serving a sentence or a strong ban. Their legal rights and interests were vulnerable and harmful behaviors were easy. The work class has repeatedly studied the necessity and feasibility of adding the special chapter on “protection of special groups”, and in-depth investigations by relevant departments, listening to expert opinions, and finally adding special chapters to protect the basic rights of special minors.

Review and revise focus on new issues, create forward-looking regulations

At the beginning of April 2017, the legislative work class formed the "Implementation Measures (Revised Draft for Soliciting Opinions)". The Municipal People's Congress Internal Affairs Judicial Committee and the Communist Youth League Committee collected 179 amendments from various departments and social representatives in early April to organize expert argumentation. Form the "Implementation Measures (Revised Draft)".

From May to September 2017, the Standing Committee of the Municipal People's Congress twice reviewed the new issues of protection for minors under the new situation and proposed many amendments. For example, the integration of socialist core values ​​education into school education, clarify the age limit of minors riding bicycles alone, refine the bullying of school, the child abuse response measures, and regulate the live broadcast of minors. At the same time, considering that the name of the “Implementation Measures” is not standardized, the name of the regulations will be revised to “Wuhan City Regulations on the Protection of Minors”. The Municipal People's Congress Legal Committee and the Communist Youth League Committee carried out research one by one and made repeated revisions, eventually forming the "Regulations (Draft Draft Draft)".

On September 19, 2017, the Sixth Session of the Standing Committee of the 14th National People's Congress passed the "Regulations" in full vote. On November 29, 2017, the 31st meeting of the Standing Committee of the 12th People's Congress of Hubei Province approved the Regulations.

"The Standing Committee of the Municipal People's Congress voted in full, fully demonstrating its high recognition of the quality of legislation." Professor Guo Zeqiang said. According to the "Regulations", the family level guardianship is given at different ages. The prevention and treatment measures for school bullying, the video broadcast of minors requires the consent of the guardian, and it has also attracted widespread attention from the media.

Implement the "Regulations"

Next move

Wuhan Youth Rights Protection Committee

office:

Increase the propaganda of the "Regulations", build professional teams to carry out popularization of laws and regulations, launch animated propaganda films of the "Regulations", organize young people to participate in the "rule of law pioneer" winter camp activities; strengthen the decomposition of responsibility, organize, coordinate and coordinate relevant departments to do a good job Adult protection work; strengthen law enforcement inspections, and one year after the implementation of the Regulations, the Standing Committee of the Municipal People's Congress is invited to conduct law enforcement inspections on the implementation of the "Regulations" in Wuhan.

Wuhan Education Bureau:

The Municipal Education Bureau will deepen the effective moral education construction and efficient classroom construction projects in primary and secondary schools, carry out the educational practice activities of “Chinese Excellent Traditional Culture into the Campus”, promote the construction of the national primary and secondary school research travel experimental area, and structure the home-school education with values ​​as the guide. Network, promote the socialist core values ​​education; improve the school bullying prevention and treatment mechanism, incorporate the school bullying special governance supervision into the important content of the school's routine supervision, implement the campus bullying special governance work monthly report system, carry out city-level review; carry out kindergarten campus security Video system construction, gradually promote the standardization construction of video facilities, explore the gradual networking with public security organs, form a linkage mechanism; increase the supervision of private kindergartens, and supplement the supplementary equipment and qualifications of kindergarten teachers as the key to the establishment, approval and annual inspection of private kindergartens. index.

Wuhan Civil Affairs Bureau:

For minors who are in trouble due to lack of family supervision or misconduct, the Civil Affairs Bureau will continue to promote the "Urban Shimmer" dilemma for minors to help social workers service projects; facing the dilemma of being in a bad living environment, Will be rescued to the rescue station to attend the Chuxing class, the government to perform temporary guardianship duties. In order to monitor the missing minors, find suitable guardians among relatives, and mobilize the social love force to perform the guardianship duties. Explore new family foster care models, and the government grants foster family living and study subsidies.

Wuhan Municipal Bureau of Culture:

During the winter vacation this year, the "Nursing Seedlings and Cyber ​​Security Course" publicity activities will be launched to guide young people to access the Internet and to access the Internet safely; to carry out special rectification actions for illegal and illegal online games; to implement the "gridization" of Internet cultural enterprise supervision, and to pressure the supervision of each enterprise In fact, specific law enforcement agencies and personnel have promptly interviewed and stopped when problems arise; they have intensified their investigation and punishment of "children's cult films."

Wuhan City Procuratorate:

In the ruling activities of the rule of law into the campus, we will introduce the "Regulations"; use the big data of the comprehensive protection service platform for minors to carry out targeted judicial protection; extend the protection of minors to criminal and civil , administrative, penal enforcement and other aspects; comprehensive use of legal aid, judicial assistance, psychological assistance, social assistance, etc. to protect the legitimate rights and interests of special minors; supervision of relevant functional departments to timely intervene in the protection of children suffering from abuse, abduction, illegal employment, etc. .

Wuhan Disabled Persons' Federation:

Do a good job in rehabilitation and student support for disabled children. At present, the basic information of 2,189 children aged 6-14 years of compulsory education in the city has been compiled according to the household registration zoning. In the next step, the disabled associations in the districts organize the streets and communities to contact the door-to-door survey to establish the education of disabled children aged 6-14 in their respective jurisdictions. Situation file.

Desktop Globe

Desktop Globe,Desktop World Globe,Floating Desk Globe,Magnetic Levitation Floating Globe

Ningbo Holly Arts & Crafts Co.,Ltd. , https://www.world-globe.com