Promote the protection of minors in the whole scene with all-round legal supervision
2023-03-03
Interpretation case: Jiangsu procuratorial organ handled the first civil public interest litigation case of illegal admission of minors to provide Internet services in an E-sports hotel in the country, and all the litigation requests were supported by the judges. Interpretation expert: Executive Director of the Procuratorial Basic Theory Research Base of the Supreme People's Procuratorate (the Procuratorial Basic Theory Research Base of the University of Political Science and Law of China), The case of Wang Zhenhui, a professor of the Institute of Procedural Law of China University of Political Science and Law, is a typical case of legal supervision in the implementation of comprehensive judicial protection of minors in the new business field. New business forms inject new impetus into the high-quality development of China's economy and society, and should be encouraged and supported. The functional integration and service diversification of market subjects under the new business model means that they should bear more responsibilities for protecting minors, rather than evade and shirk their responsibilities by competing functions. The successful handling of the case fully reflects the remarkable effect of the procuratorial organ in promoting high-quality protection of minors with high-quality legal supervision, and has positive guiding significance for clarifying that the development of new business forms should adhere to the principle of protecting minors first and promoting the standardized development of new business forms. The case was handled in accordance with the principle of the most beneficial to minors. The principle that is most beneficial to minors is the fundamental principle to do a good job of minors. When dealing with matters involving minors, we should start from the perspective of minors, fully consider the factors of minors, and put the realization of the best interests of minors in the first place. In this case, the competition and cooperation of E-sports hotels in terms of functions resulted in unclear legal attributes and regulatory loopholes, which provided an opportunity for operators to evade the responsibility of minors protection. The procuratorial organ's review of the E-sports hotel involved in the case did not stay in the name of its hotel, but went deep into the fact that it provided profitable online services for unspecified minors, accurately supervised and identified the nature, and filed civil public interest litigation according to law, effectively safeguarding the legitimate rights and interests of minors and public interests. The case reflects the new concept of procuratorial organs performing their duties in accordance with the law. Acting in accordance with the law is a new requirement of the construction of a country ruled by law in the new era for procuratorial performance, and also a supply-side reform in which procuratorial organs actively integrate into national and social governance. The new business form is not a "safe haven" to escape from legal supervision, nor is it a "life jacket" to escape legal responsibility. Social development has always been moving forward. When there are no clear legal provisions in practice, how to accurately understand and deal with them requires procuratorial organs to follow the spirit of the rule of law, adhere to legal principles, and perform their duties according to law. The case highlights the new thinking of the procuratorial organ to promote governance by handling the case and to promote "all management" by "I manage". Judicial handling is only a means, and comprehensive management is the goal. By handling a judicial case, we can plug a governance loophole, regulate the development of an industry, and realize the effective connection between justice and administration, regulation and development. In this case, the procuratorial organ not only deals with the case effect of one case, but also cooperates with cultural and tourism, market supervision, public security and other units to perform their duties and make multi-dimensional efforts to further extend the comprehensive governance effect of juvenile protection under the new industry. Based on the particularity of the subject, minors themselves are embedded in the legal principles of national interests and social public interests. To protect the rights and interests of minors from infringement is to protect the national and social public interests from infringement. The report of the Twentieth National Congress of the Communist Party of China proposed that "strengthen inspection
Edit:Ying Ying Responsible editor:Zhou Shu
Source:jcrb.com
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