The court of lawsuit was given to the lawsuit court of minors
Author:Shanxi Evening News Time:2022.06.08
Shanxi Evening News (Reporter Guo Weiyan) On the morning of June 7, the second day of the \"Measures for the Work Measures for the Governance of Minor Humanities\", the Office of the State Council's Minor Protection Work Leading Group, the first instance of the People's Court of Xinghuating District, Taiyuan City, publicly publicized the first instance. The case was convicted to protect civil public interest lawsuits together. After the case was implemented by the newly revised \"Protection Law of the People's Republic of China\", after the \"Measures for the Governance of the Minor Humanities\" was issued, Shanxi's first case involved in the civil public interest of the minor humanities body. The case was filed by the People's Procuratorate of Xinghualing District as the prosecutor of the public interest litigation. Yang Xiaoxi, the president of the People's Court of Xinghualing District, was appointed as the judge.
In April 2021, minor Hu Mou contacted the defendant to the defendant and a tattoo store to consult a tattoo and delivered the deposit. On April 2021, accompanied by his friend Chen (16 years old), Hu went to the defendant to perform tattoos. After explicitly notifying the defendant's staff at the age of 17, the defendant staff did not further verify Hu's age. It did not notify its legal guardian and provided tattoo services for Hu.
It was found that the defendant only handled the business license on September 28, 2021. The operating place registered in the business license was inconsistent with the actual operating place. The scope of business license registration was: tattoo service. Visit the investigation by the People's Procuratorate of Xinghualing District, Taiyuan City, and found that the defendant also provided the service of tattoos. The defendant's stores did not suspend business licenses, employee health certificates and other relevant documents, and did not apply for a health license. When a tattoo service for Hu, he did not apply for a business license.
The People's Procuratorate of Xinghualing District believes that the defendant's behavior infringes the physical rights and health rights of unspecified majority of minors, causing infringement of the physical and mental health of minors, and harming the public interests of the society. The people's court filed a public interest lawsuit.
According to the court, the defendant provided consumer tattoo services to consumers and obtained consumer considerations. Consumers involved in the case received tattoo services in tattoo stores, paid service prices, and formed a consumer legal relationship between the two parties. When the defendant provided tattoo services, there were flaws such as business licenses and hygiene permits, which infringed the rights and interests of minors as consumers. The consumer subject involved in this case is a minor, and the dual protection of the consumer rights protection law and the protection of minors. The tattoo behavior itself has the characteristics of easy infection, difficulty recovery, limited employment, and easy labeling. Give the minor humanities, which not only affects the health of minors, but also may be blocked during the process of enrollment, joining the army, and employment of minors, and infringe on the right to survive, development, protection, and participation in minors. A number of rights have seriously infringed the legitimate rights and interests of minors. In the process of operating the defendant, the defendant did not fulfill the obligation to verify the identity of the minor by prudentially when facing consumers of unspecified tattoos. In the case of unable to confirm the age of consumers, let the minors' humanities be allowed to be allowed, and all minors who may be exposed to their operating venues are essays.The potential customers of the shop, tattoo behavior may infringe the interests of unspecified minors. When rights infringement involves the interests of unspecified minors, it is no longer simply belongs to the category of personal interests, but has public interest attributes. Therefore, a certain tattoo store provides tattoo services to unspecified minors to infringe the interests of unspecified minors. This behavior is an act that harms the public interest of the society.
The main purpose of civil public interest litigation case proposed by procuratorial organs in this case is to prevent the re -incidence of damage to prevent damage, so that the results and scope of the damage will not continue to expand. Although the defendant's tattoo service of the specific minor involved in the case has ended, it is still engaged in tattoo service operations, and there is still the possibility of damage to unspecified consumer rights and shall be stopped. The damage caused by the defendant and a tattoo store to the minors has the duality of personal interests and public interests caused by tattoo services. The operator not only infringes the actual interests of a specific consumer, but also disinfect the efforts of the healthy growth of the healthy growth of minors, and damage the important public interests shared by the public of the healthy growth of minors. Mental injury. Civil liability for apologies to the public should be assumed.
In summary, the court believes that the prosecutor of the public interest lawsuit advocates that a certain tattoo store provides the actions of tattoo services to the minors and harms the public interest of the society. And legal basis, support. In the court judgment, the defendant's tattoo shop in a certain text shop in Yingze District, Taiyuan City immediately stopped providing tattoo services to minors; the defendant's tattoo shop in a certain essay store in Yingze District, Taiyuan City was in the national public media within ten days from the date of effectiveness of this judgment. Apologize to the public in writing.
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