更新时间:2025-12-08
未成年人保护之社会保护(一)
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青少年法治教育   ·   2025年12月8日   ·   2024年 第4期  
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Introduces the legal provisions concerning the social protection of minors in the "Constitution of the People's Republic of China" and the "Law on the Protection of Minors," emphasizing the responsibilities and obligations of the state, society, schools, and families in safeguarding minors, as well as the importance of understanding these provisions for upholding the legitimate rights and interests of minors.

Caring for and Supporting Minors in Difficult Circumstances

Through the case of Tiantian, this section introduces the social protection measures for minors in difficult circumstances. Tiantian was identified as a de facto orphan due to family hardships and received government living subsidies. The chapter highlights the role of village committees in protecting minors, including establishing information records and providing care and support. Minors in difficult circumstances include orphans, de facto orphans, and others who require government and societal safeguards and care. The "State Council's Opinions on Strengthening the Protection of Minors in Difficult Circumstances" proposes actively fostering social organizations and mobilizing enterprises and volunteer services to participate in the protection of these minors. The scope, process, and safeguards for identifying de facto orphans are stipulated in an opinion jointly issued by the Ministry of Civil Affairs and 11 other departments. Tiantian's basic living subsidy standard should align with the local orphan protection standard.

News Reports Must Not Infringe on the Legitimate Rights and Interests of Minors

This section discusses the protection of minors' legitimate rights and interests in news reporting, particularly their right to privacy. Through a case where a video website broadcast a documentary that leaked the personal information of a minor named Xiaoming, it emphasizes that news media must comply with legal provisions to protect minors' reputation, privacy, and other legitimate rights when reporting. The "Law on the Protection of Minors of the People's Republic of China" and the "Personal Information Protection Law" clearly stipulate that news media must report on incidents involving minors objectively, prudently, and moderately, without infringing on their legitimate rights. Xiaoming's parents' demands are reasonable and lawful, and the video website should take measures to protect Xiaoming's personal information.

Abetting Minors to Commit Crimes Is Punished More Severely by Law

This section discusses the legal consequences of abetting minors to commit crimes. Through case analysis, it reveals the issue of minors being easily influenced to commit crimes due to their immature judgment. Article 54 of the "Law on the Protection of Minors of the People's Republic of China" prohibits abetting minors to engage in illegal or criminal activities. Article 29 of the "Criminal Law of the People's Republic of China" explicitly states that abetting minors to commit crimes should be punished more severely. In the case, Zhang San abetted 13-year-old Xiao Li to commit theft, constituting the crime of theft, and should be punished more severely. Although Xiao Li was exempted from criminal penalties, he must be disciplined by his parents or guardians and, if necessary, undergo corrective education.

Prohibition of Selling Tobacco and Alcohol to Minors

This section discusses the legal provisions in the "Law on the Protection of Minors" prohibiting the sale of tobacco and alcohol to minors and their importance. Through the case of Li Si's store illegally selling cigarettes to a minor, it emphasizes that society should create a green living environment for minors, guiding them away from tobacco and alcohol and promoting a healthy lifestyle. It also points out the specific provisions of Article 59, Paragraph 1 of the "Law on the Protection of Minors of the People's Republic of China," which requires tobacco, alcohol, and lottery sellers not to sell related products to minors and to display warning signs in prominent locations. Finally, it underscores that society as a whole should care for and protect minors, nurturing their healthy growth.

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