Solve the problem of juvenile protection and governance in emerging businesses
2023-02-27
In recent years, emerging formats such as on-demand theaters, e-sports hotels, secret room escape and script killing have developed rapidly. During the handling of cases, the procuratorial organ found that behind some cases of infringement on the rights and interests of minors, there are hidden problems of unclear or inadequate performance of regulatory authorities in emerging industries and industrial governance problems. The protection of the rights and interests of minors needs to be strengthened. Recently, the Supreme People's Procuratorate released a typical case of public interest litigation for juvenile protection in the emerging industry. The reporter of the Rule of Law Daily noted that in the governance of emerging business forms, the procuratorial organs give full play to the advantages of centralized and unified handling of minor procuratorial business, actively perform the procuratorial public interest litigation function, promote "all management" with "my management", consolidate consensus and cohesion, better safeguard the legitimate rights and interests of minors, and help the modernization of the national governance system and governance capacity. Promote the diversified governance of the on-demand cinema industry The People's Procuratorate of Fengxian District of Shanghai found that in the first half of 2020, some cases of sexual assault on minors occurred in on-demand cinemas. The number of on-demand cinemas has increased rapidly, and there are also situations such as unregistered, private rooms are highly private, accommodation is provided in disguised form, and minors are allowed to enter and leave without identity verification. There is a hidden danger that minors are subject to sexual abuse or other illegal and criminal acts. The administrative authorities and regulatory departments such as film and cultural law enforcement did not fully perform their regulatory responsibilities, and the regulatory governance was not in place. In April 2021, the Fengxian District Procuratorate filed an administrative public interest lawsuit. On the basis of field practice, visits, discussions, etc., it issued procuratorial recommendations to the district cultural law enforcement team, the district press and publication and film management office, and put forward suggestions on exploring the establishment of a management system for the reception of young people in on-demand theaters, carrying out special inspections in the industry, and strengthening information communication to form a regulatory force. The two units fully adopted the contents of the procuratorial recommendations, formed a joint inspection team to inspect the on-demand cinema, and jointly issued the Five Provisions on the Access of Minors to the on-demand Cinema in Fengxian District with the procuratorial organ and the public security organ. In response to the inadequate supervision of on-demand cinemas, the procuratorates of Pudong, Jing'an, Changning and other districts have also promoted comprehensive governance by handling public interest litigation cases. The Shanghai Municipal People's Procuratorate issued a procuratorial proposal to the Shanghai Municipal Film Bureau, proposing to further promote the regulation and regulation of the on-demand cinema market, clarify the operation and regulation of on-demand cinemas, improve the protection measures for minors, and guide the on-demand cinemas to strengthen industry autonomy, etc., and simultaneously copied to the Law Enforcement Corps of the Municipal Culture and Tourism Bureau and the Market Supervision and Administration Bureau, so as to promote the coordinated performance of duties and joint management. The Shanghai Municipal Procuratorate held a public announcement on the delivery of procuratorial recommendations, invited the heads of departments of the proposed units and the units to be copied, representatives of the municipal people's congress and members of the CPPCC to participate, listened to the rectification plans and preliminary implementation of the relevant units, and discussed the governance measures. After receiving the procuratorial suggestion, all the suggested units have taken effective measures to regulate the governance of on-demand cinema industry. The Law Enforcement Corps of the Shanghai Film Bureau and the Culture and Tourism Bureau, in cooperation with the Public Security Bureau and the Market Supervision and Administration Bureau, carried out the regulation and rectification activities of the city's on-demand cinema market, and the market regulation level was significantly improved. The Municipal Film Bureau also guided the Shanghai Film Distribution and Screening Industry Association to establish the first professional management committee of on-demand theaters in China and introduce industry regulations
Edit：Ying Ying Responsible editor：Shen Chen
Source：legaldaily.com
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