It's not illegal to indulge in online games

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January 2, the Guangdong Provincial Protection of Minors Ordinance (hereinafter referred to as the "ordinance") is formally implemented. As a protection of minors of local laws and regulations, the new "regulations" put forward many such as "the number of school female toilets should be more than the number of men's room" and other rare human care initiatives in the country. However, the regulations highlight the protection of the family responsibilities, such as the provision of "parents do not allow minors to leave the night illegal" and other issues also caused some controversy. "Children do not go home, do parents want to turn himself in?" Some people think that the provision of the provisions is not good, and that the responsibilities of the family are increased and the responsibilities of the Government and society are relieved. In addition, the new rules also make it clear that minors addicted to the Internet and video games are also illegal.

1, the regulations pay attention to human nature concern

Flashing Highlights

Many specific measures in the new regulations focus on protecting minors ' rights and interests in detail, and there are few bright spots of human concern at home and abroad.

For example, article 22nd of the Regulation emphasizes the protection of girls. The article points out that "schools should take care of the physiological characteristics of underage female students in the construction, allocation and use of facilities such as public toilets, and that the number of toilets per capita in female toilets should be more than that of men's toilets." Schools and teachers should allow underage female students not to have intense physical activity during their menstrual period. ”

"It's very exciting!" Reporter interviewed learned that many middle school students are not divided between men and women for such a applaud. South Mt. District A girl in a middle school said, now every time during the class, every floor of the ladies ' room to queue. Some girls can't wait to go to the toilet, they have to endure to the next class. "Girls occupy the toilet is a long time, so the women's room should be more than boys." ”

For example, the new regulations also clearly stipulates that the compulsory education stage, schools and teachers may not pinned the publication of underage students in the exam scores. Many students and parents agree with this. Parents Sun told reporters that every time before the parents meeting, a release of the children's position is very tense, "always the countdown, particularly to combat the child's self-confidence." ”

In addition, the regulation also stipulates that in the process of handling minors ' criminal cases, the judicial organs should take care of the characteristics of the minor's physical and mental development, take separate custody, separate prosecution, separate cases, respectively, and so on, to protect the rights of minors. In which the people's court hears minor cases, it should adopt a way suitable for minors ' physical and mental health. In July last year, the Guangdong provincial People's Congress Standing Committee on Internal and Judicial affairs came to Shenzhen to investigate the legislation, and the representatives of the Shenzhen Municipal Institute of Chinese thought that these "regulations are very good and necessary".

2, the implementation of the regulations is difficult

Does the regulation really have a "laissez-faire night"?

After the publication of the regulations, it was suggested that while these provisions on the protection of minors are a good starting point, some provisions may be difficult to implement. For example, parents or other guardians may not allow minors to leave the night, in the end, even if the night home? To put these provisions into practice, I am afraid that more detailed rules need to be developed.

Now many students need to study late at night, the night is not home from what time, the school and the responsibilities of parents how to define, these are not specifically defined in the regulations. Guangzhou Municipal People's Congress Lu Qiming to put forward, "about the night is not a problem, 4 o'clock in the morning home, calculate night does not belong?" This is not a conceptual definition. ”

And the legal profession argues that the term "laissez-faire" is not yet well defined. The "intentional" expression of intentional injury and intentional crime in criminal law is "knowing that this will happen and let it go." "But this is only a criminal definition, civil and administrative not clear" laissez-faire "what is meant.

There are also people think that "let the night does not end", the minors "Night is not Home" is only a moral issue, "not allowed to leave the night" into the law is originally a waste of legislative power. According to Sociological view, the adjustment of citizen behavior is only two ways: one is moral adjustment and the other is legal restriction. In real life, the most basic way of adjustment is moral norms and guidance, only when the behavior of citizens break through moral barriers, the law can intervene and restrain them. Both can not be confused and can not be substituted for each other, otherwise it will lead to disorder of social order.

In addition, there is the question of the setting of toilets in schools mentioned above. Some school administrators have suggested that the new school premises can be designed to meet this requirement and that the old school buildings cannot be changed.

3, the family responsibility is too heavy government and social responsibility too light?

There is also the view that the regulations highlight family protection and make family responsibilities too heavy. It is true that parents are the children's first teachers. But many people believe that the minors stay in internet cafes, dance halls and even in the hotel room night does not belong to, the root of the social environment, and its legislative provisions "parents must not allow night not home", rather than change a way of thinking, resolutely combat those who host minors overnight internet cafes, bars.

Shenzhen, Mr. Liu's son indulged in a company developed the network game, do not think of learning, he thought of many ways, are not effective. The regulations stipulate that parents or other guardians should guide and supervise minors to choose and use network resources correctly and prevent minors from indulging in Internet or video games. "Home computer We never let him play, but to the outside, the school around there are internet cafes, he can mix in to play, how to do?" There are network game development company, sold to minors game Point card, these are also social problems ah! " Mr. Liu Spit out his grievances.

"Don't push the blame on the parents," he said, commenting on the news of the Regulation's implementation. Voice also occupies a majority. A Netizen Post said, "At present children all night surfing the Internet, playing bar, and even look at the yellow disc and so on, of course, and the lack of parental care, but think, if the relevant functional departments of the state work in place, there will be these things appear?" Children do not want to do, to control the children, the country first to perform their duties, purify the social atmosphere. As of press, the number of support votes for 1845, the number of votes is only 100. Opponents of the netizen that parents to teach good children is the first, "Your child has made a mistake, if the state first to perform the duties of punishment, you will be opposed to, so you should not make mistakes before your children to educate your children?"

Others have suggested that, in fact, very few parents are willing to let their children do not end the night, this phenomenon, in addition to some parents are really busy or a moment of anger, a considerable part of the family is broken or parents imprisonment, abandon themselves, or the Guardian is a minor grandparents, has been unable to supervise minors The law stipulates that it is illegal for a guardian to allow a minor to leave the night, and for those who simply cannot and do not want to play a role in guardianship.

Therefore, the Government should bear its corresponding responsibility on this issue. The United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines) explicitly stipulate that "Governments should formulate policies to facilitate the growth of children in a stable and settled family environment." Families in need of assistance in situations of instability or conflict should be given the necessary services. "Our approach to the Hong Kong neighbourhood is also worthy of reference." It is understood that there are youth protection agencies or volunteers in Hong Kong, regularly in places of entertainment inventory.

4, is it illegal to indulge in Internet or video games?

The new regulations, compared to the protection of minors Law, also has a major feature, that is, to increase the content of self-protection of minors. This part of the provisions, the minors found himself or other minors legitimate rights and interests of the victims can be to their parents or other guardians, the school, local urban and rural grassroots mass autonomy organizations reflect, or to the relevant departments and units to complain, report. These units shall be dealt with in a timely manner upon receipt of complaints and reports, and give written replies within five working days.

"This is tantamount to establishing a self-protection mechanism for minors," said Yang Jianguang, a professor of the draft regulations drafting Expert group and a School of law at Sun Yat-sen University. ”

However, in the self-protection part also stipulates that minors should abide by laws and regulations and social ethics, develop good habits and cherish life. There shall be no such acts as smoking, alcoholism, abuse of drugs, addiction to networks or electronic games, driving motor vehicles or participating in dangerous activities such as road racing, athletics, and, in the absence of security, the high risk of sports and recreational activities such as rock climbing, bungee jumping and swimming. This means that it is illegal for minors to indulge in Internet or video games, or even to swim in a swimming pool without a swimming ring.

In this connection, some members of the legal profession consider it inappropriate. Beijing Dacheng law firm Shenzhen Branch lawyer Liu Tianjun pointed out that on the one hand, this piece of regulation is too small, and today's social changes too fast, this regard to adopt a general provisions is relatively good, but not to take the enumeration of provisions. On the other hand, in the law of minors to enumerate these violations, in the legal liability is not investigated, such provisions on the protection of minors how much positive role, to be tested.