How to protect the legitimate rights and interests of minors?

China Youth Network, Beijing, June 23 (Reporter Li Huaxi) From January 1 this year, the "Family Education Promotion Law" was officially implemented. Article 5 of the law states that family education should meet the following requirements: respect the dignity of minors' personality, protect the privacy and personal information of minors, and protect the legitimate rights and interests of minors.

What are the legitimate rights and interests of minors? What are the violations of the legitimate rights and interests of minors? After the implementation of the "Family Education Promotion Law", how can we protect the legitimate rights and interests of minors? A reporter from China Youth Network interviewed Zhang Jing, deputy director of the Beijing Gao Law Firm, director of the Marriage and Family Department, and a full -time lawyer Zhang Jing.

What are the legitimate rights and interests of minors?

In legal consultation, Zhang Jing encountered some minors, parents of minors, or other guardians who did not understand the legal rights and interests of the minors, or did not understand enough. For this reason, she sorted out. According to Article 3 of the Protection Law of the People's Republic of China, minors have the right to survive, development, protection, and participation in minors. details as follows:

The legitimate rights and interests of minors include: the right to life and health, that is, the right of minors to enjoy life and health; it is forbidden to perform abuse or violent beatings such as minors; personal freedom of personal freedom, that is, the personal freedom of minors. Illegal detention, deprivation or restrictions on personal freedom and illegal searches of minors; the right to name, that is, the right to enjoy the name, have the right to decide, change their names in accordance with regulations, prohibit others from interfere, abuse and counterfeit; portrait rights; That is, minors enjoy the right to portrait, and they must not use their portraits without their consent; the right to reputation is the right to enjoy reputation, and their personality dignity is protected by law. Honesty; honor of honor, that is, minors enjoy the right to honor, prohibit illegal deprivation of their honorary titles.

The legal rights and interests of minors also include: property ownership refers to the ownership of the state's legal income, savings, houses and other legal property. No organization or individual occupation, grabbing, destruction, or illegal seizure, seizure, freezing, and confiscation; the right to inherit the property, that is, the right to inherit the legal property of the minor and be protected by the law; , Publishing and getting compensation; patent rights, that is, minors enjoy patent rights that they have approved by them, and are protected in accordance with the law; criticism, suggestions, complaints, and reports The staff has the right to criticize, suggest, complain, accuse and report; obtain the right to compensation for state compensation refers to the right to obtain domestic compensation according to law; the right to freedom of religious belief is the freedom of religious beliefs; national customs and habits The right to freedom is the protection of national customs and habits in accordance with the law; communication freedom and communication secret rights, that is, letters of minors, in addition to the need for investigation of crimes, public security or procuratorial organs are checked according to law, or the failure of the non -behavioral ability is not capable of non -behavioral ability. A letter under the age of 10 is demolished by their parents or other guardians. Without the consent of the minor, any organization or individual also includes parents and teachers, which must not be dismantled, intercepted, concealed, or destroyed; That is, minors enjoy the right to educate.

What are the violations of the legitimate rights and interests of minors?

Zhang Jing has been engaged in legal work for many years and has been in contact with a large number of cases that infringe on minors' rights and interests. She concluded that minors as a citizen, in practice due to age or family reasons, are easily infringed in many aspects of rights.

In terms of life and health, due to the educational problems of minors, the re -establishment of parent -child relationships in the family, and left -behind fostering problems, it is easy to exist to act on the right to abuse or violent beating for minors.

In the aspect of personal freedom, more often appears in campus bullying, there will be illegal detention, depriving or restricting personal freedom and illegal searches of minors.

In terms of name rights, due to the divorce of the parents, one party will generate a situation of changing the name of the minors without authorization, or because of minor reasons, the consent of the guardian must be obtained when changing the name. Names are easy to cause disputes.

In terms of portrait rights of minors, it is easier to use the use of juvenile portraits on the new media platform on the new media platform, such as shooting videos and advertising, which are improper behaviors that infringe on the right to the juvenile portrait.

In terms of the reputation of minors, the common infringement is in campus bullying, and the infringer uses insults and slander to treat minors, or uploads to the Internet to damage the reputation of minors.

In terms of ownership of the property of minors, the form of infringement is more likely to occur in the infringement of the guardian's property rights and interests of the property. For example, the property under the name of the minor is unauthorized, and the acts of minor property are possessing.

In terms of freedom of communication and communication secrets, the guardian or parents, and even the school educators will have the behavior of dismantling letters without self -adult opinions, and viewing the content of private chat dialogue on the electronic platform.

In terms of education rights, there will often be an opportunity for minors to deprive their children's normal acceptance of compulsory education due to the different educational concepts.

How to protect the legitimate rights and interests of minors after the implementation of the "Family Education Promotion Law"?

Zhang Jing believes that protecting the legitimate rights and interests of minors is far away. She suggested that, first of all, the parents of the minor or other guardians, as well as the minors who need to have a certain understanding of the legitimate rights and interests of minors. It is necessary to understand the legal provisions of the laws and interests of minors' legitimate rights and interests in the laws of the "Family Education Promotion Law", "Protection of the Protection of the Minor", and "Anti -Family Violation Law". When the legitimate rights and interests of minors are infringed, they must seek legal help in time. Secondly, the main body of education for minors to clarify the main body of education is parents or other guardians. In terms of fulfilling education responsibilities and specific implementation of education, the relevant supervision institutions must be clarified. "At present, the promotion law seems to have clearly supervised the main body, but in practice, more in practice is the" Family Education Order "made by the people's court. Other departments have played less effects."

"But in fact, in a normal life, there is a problem with education in the community and schools where they live." She suggested that the main body of communities and schools should play a role in supervising family education. At the same time, when other institutions discover the family education problems existing in minors, they should learn from the problems, reasons, records of handling, etc. to the society where the minors are in the society and the schools where they are located. The provisions of the law.

In addition, Zhang Jing also suggested that for families with problems in family education methods, they must provide such parents with the ability to improve their children's children through relevant institutions, and finally implement them in each community and every village. Or guide the hotline to achieve the ability of the whole people to improve family education.

Finally, using the media forces, the news media should vigorously promote the content of how to protect the legitimate rights and interests of minors, publicize legal knowledge, publicize the scientific family education concepts and methods, and guide the majority of parents or other guardians to protect the legitimate rights and interests of minors.

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