The legal system for the protection of minors with Chinese characteristics is gradually improving
2023-10-12
Since the 18th National Congress of the Communist Party of China, the Central Committee of the Communist Party of China and the State Council have put forward a series of new requirements for the protection of minors. Relevant legal norms for minors have entered the fast lane of formulation and revision, and the legal system for the protection of minors with Chinese characteristics has shown a distinct international perspective and local awareness. One is to formally establish the principle of being most beneficial to minors. As a contracting party to the United Nations Convention on the Rights of the Child and a responsible major country, China has been actively taking various measures to implement the provisions of the Convention. Following the core principle of the best interests of the child in the Convention, both the Civil Code and the newly revised Law on the Protection of Minors have officially established the principle of the most beneficial to minors, requiring special priority protection for minors and serving as a basic standard of conduct that any organization or individual should follow when dealing with matters involving minors. With this, the domestic legal concept of protecting minors has officially achieved precise integration with international standards. The second is to fully implement the provisions of the Constitution on child protection. The newly revised Law on the Protection of Minors is a comprehensive and systematic reshaping after entering the new era, which fundamentally follows the relevant spirit of the Constitution. The Constitution stipulates that parents have the obligation to raise and educate underage children, and children are protected by the state. The state cultivates children, adolescents, and youth for comprehensive development in moral character, intelligence, physical fitness, and other aspects. This basically outlines the relationship between children, parents, and the state under the constitutional order of our country. On the one hand, the Civil Code and the Law on the Protection of Minors have further compacted parental responsibilities and refined the specific content of guardianship. The Family Education Promotion Law promotes the construction of a public service system for family education covering both urban and rural areas, aiming to empower parents and enhance their awareness and ability of family guardianship. On the other hand, the Law on the Protection of Minors clearly stipulates that the state supervises the performance of parents' guardianship duties. In the event of dereliction of guardianship, the public security, the People's Procuratorate, and the People's Court shall admonish and order them to receive family education and guidance. In the event of statutory circumstances, relevant organizations and individuals shall apply for the revocation of parents' guardianship qualifications. In the event of a lack of guardianship, the civil affairs department shall provide temporary or long-term guardianship. As a result, the inherent logic of the legal system for the protection of minors with Chinese characteristics has been highly consistent with the Constitution. Thirdly, the "six major protections" have become the main thread of China's legal system for the protection of minors. From family protection, school protection, social protection, network protection, to government protection and judicial protection, it not only conforms to the laws of minors' growth and development, but also reflects the concept of children being protected by the state. As one of the core legal systems for the protection of minors with Chinese characteristics, the Law on the Protection of Minors is a comprehensive, fundamental, and guiding law, leading the increasingly sound normative system of the "six major protections". In addition to the provisions of the Law on the Protection of Minors, the "Six Protections" are linked to many laws and regulations, such as the Family Protection Law and relevant chapters of the Civil Code, the Compulsory Education Law, the Preschool Education Law, and the "Regulations on the Protection of Schools for Minors" issued by the Ministry of Education, and the "Regulations on the Management of Internet Service Business Places" for social protection, Network protection involves the "Regulations on the Network Protection of Minors" and "Regulations on the Network Protection of Children's Personal Information", government protection involves the State Council's "Opinions on Strengthening the Protection of Children in Difficulties", and judicial protection
Edit:GuoGuo Responsible editor:FangZhiYou
Source:people.cn
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