Shaanxi's first minor humanistic body civil public interest litigation case was sentenced

"My behavior infringes the physical and mental health of minors. I also have children myself, comparing my heart to my heart. I have deeply realized the mistakes. A tattoo store operator mentioned by the People's Procuratorate in accordance with the law, Pang Moumou, provided tattoo service civil public interest lawsuits to the minor. The court sentenced the defendant Pang Moumou to immediately stop providing tattoo services to the minor in the first instance of the people's court in Jingbian County. And within ten days from the date of effectiveness of the verdict, apologize to the public in writing to the public in writing. The defendant Pang Moumou expressed his willingness to bear the corresponding civil liability and clearly stated that he would stop providing tattoos for minors. It is reported that the case is the first minor humanistic body civil interest lawsuit in Shaanxi Province.

Prosecutors found clues from the theft

In April of this year, in the case of the theft of minors, the criminal suspect Xiao Wen (pseudonym )'s left arm and back large -scale tattoo attracted the attention of the prosecutor. After asking, Xiaowen was a tattoo shop operated by Pangmoumou.

On April 21, the Jingbian County Procuratorate and the County Health and Health Bureau, the County Market Supervision Bureau, and the County Public Security Bureau checked the text shop operated by Pang Moumou. The store is still in operation. A large number of tattoo tools such as needles and ink in the store are foreign language signs, and the owner cannot provide purchase invoices.

It is understood that Pang Moumou has been engaged in tattoo operations for more than ten years and has not obtained relevant business qualifications. The machine, tattoo needle and tattoo pigment used were purchased from Taobao. There is no Chinese logo and instructions, and precautions. Pang Moumou could not provide related invoices and could not understand foreign packaging. The price of minors is ranging from 50 to 800 yuan, and the one -time price service price is 50 to 100 yuan.

On April 24, the Jingbian County Procuratorate formally filed a case, and the project team was set up for a case to investigate and judged the case, and then carried out a series of investigation and evidence collection.

After verification, from 2017 to 2021, Pang Moumou provided tattoo services for 43 minors during the business shop, and Pang Moumou did not apply for a business license and hygiene permit when he was engaged in the above -mentioned tattoo business. In addition, Pang Moumou washed tattoos for minors without obtaining medical aesthetics.

Send a procuratorial proposal to start a public interest lawsuit

Jingbian County Procuratorate believes that minors are growing and developing, and tattoos are creative behaviors. After using acupuncture to break the skin, the pigment is infiltrated into a permanent pigmentation. Inflammation, accompanied by the risk of infection. When Pang Moumou provides tattoo services, there is no defect in practicing subjects such as business licenses and hygiene permits, and the use of unknown tattoo tools with unknown sources provides tattoo services for minors to harm the health rights of minors. It is not conducive to minors. The growth and development of the "Protection Law of the Minor" on the protection of the interests of minors shall be identified as the "law, regulations stipulated in the" Law of the Consumer Rights Protection Law ", paragraph 48, Other situations that harm consumers' rights and interests ".

On June 6, the "Measures for the Governance of Minor Humanities", which was officially issued by the Office of the Leading Group of the State Council, stipulates that any enterprise, organization or individual may provide tattoo services to minors.

On June 24, the Jingbian County Procuratorate launched a civil public interest litigation procedure to investigate Pang Moumou's liability for infringement and filed a civil public interest lawsuit to the Jingbian County Court.

On the same day, the Jingbian County Procuratorate issued a pre -procuratorial proposal to the County Health and Health Bureau and the Market Supervision Administration, and suggested that the Health Bureau performs in accordance with the law to perform unlicensed operations on tattoo stores and conducts a license to do not obtain medical institutions. The supervision responsibilities of business behavior are recommended to perform the supervision responsibilities of no business behavior of the tattoo store in accordance with the law, and conduct rectification and inspection of tattoo places in the area in the jurisdiction. On August 22, the proposed unit's written letter was re -renovated.

On August 23, Tian Miao, deputy prosecutor of Jingbian County Procuratorate, and prosecutor Feng Xiaoxia appeared in court as a public interest lawsuit. Throughout the trial process, the Jingbian County Procuratorate conducted evidence that evidence such as litigation requests, the focus of controversy, the source and procedures of the case, the facts of tattoo behavior, and the consequences of tattoo damage.

On September 14, the Jingbian County Court made a first trial judgment, or ordered Pang Moumou to immediately stop providing tattoo services to minors. Within ten days from the date of effectiveness, he apologized to the public publicly public media in writing.

Minor humanities hazards

Minors are not mature and pursuing personality. The group will imitate tattoo behavior inside the group, and it is easy to form a bad atmosphere in the minor group. In the case investigation, the prosecutor asked about more than 130 minors. According to some of the tattoos involved in the case, they stated that they saw other minor humanities before they had the idea of ​​tattoos. Some minors even accompanied each other and tattoo together, patterns, symbols, texts, etc. often convey the harmful ideas such as feudal superstitions, rivers and lakes, gang culture, and overseas culture. Establishing and practicing the core values ​​of socialism can run counter to the end, and some even induce illegal crimes.

Tian Miao, deputy prosecutor of Jingbian County Procuratorate, said that minors' humanities will be limited in terms of study, life, and employment. Article 11 of the "Citizen's Inspection and Symptoms": Facial neck tattoo, other naked parts of the troops with a military training suit of more than 3cm, other parts with a length of more than 10cm in other parts, unqualified. According to Article 4 of the People's Police Position of the first part of the "Special Standards for Medical Examinations (Trial)" of the "Special Standards for Performing Civil Servants (Trial)": tattoos, unqualified. The "Notice of Adjustment of the Professional Medical Examination of Aviation Primary and Municipalities in Aviation Primary and Municipalities in 2022" includes: whether there are texts and scars in naked parts. In addition, minors' humanities are easily evaluated by the public, and they are blocked in the process of enrollment, joining the army, and employment, affecting their growth and development, and hindering the right to participate in social life. And tattoos have irreversible characteristics to a certain extent. Once the minors regret in the future, the regret will be accompanied for a long time, causing lasting mental injury. Li Li, director of the Ninth Procuratorate of the People's Procuratorate of Shaanxi Provincial People's Procuratorate, said that the development of minors is closely related to the fate of the nation and the country. The future of minors determines the future of the country and the nation. The healthy growth of people is related to national interests and social public interests. When rights infringement involves the interests of unspecified minors, it is no longer simply belongs to the category of personal interests, but has the attributes of public interests and requires active intervention in the country and society.

Source: Western Legal Daily

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