Latest response: even if parents agree
Author:Henan Communist Youth League Time:2022.06.16
not
Source: The official website of the Ministry of Civil Affairs of the People's Republic of China, the Supreme People's Procuratorate, Xinhua News Agency, Xinhua Daily, Xinhua Vision, Jiangsu Police, etc.
A few days ago
The Children's Welfare Department of the Ministry of Civil Affairs responded to netizens
Questions about the Measures for the Governance of Minor Humanities
It is clear that even if the parents agree to the license
Also can still not provide tattoo services
Body shop operated by parents themselves
Can't give your children a body tier
On June 7, some netizens left a message on the website of the Ministry of Civil Affairs that checking the relevant information did not seem to have a clear affirmation or negation determination about the humanistic behavior before that. The Work Measures clearly prohibit tattoo services to minors. In response to this explicit regulation, I have a few questions:
1. In terms of tattoo behavior, should you not consider the subjective willingness of the minors at all?
2. Can a minor after obtaining the permission of the parents request tattoo, can it be recognized? Or do parents operate a tattoo shop, can they give themselves a tattoo for their children?
3. Can it be proved that the rights and interests of the minors of tattoos have been violated, should it be held accountable for tattoo service providers?
On June 10, the Children's Welfare Department of the Ministry of Civil Affairs replied: Minors are those who have no capacity for civil behavior or restricting civil behavior capabilities, and their tattoos have significantly exceeded the scope of understanding and rational judgment of minors. Essence Article 17 of the Protection Law of the Minor stipulates that parents or other guardians shall not violate the physical and mental health of minors, and even if the parents agree to permission, they still cannot provide tattoo services. The tattoo shops operated by their parents cannot give their children tattoos. The responsibility of tattoo service providers shall be handled in accordance with different cases and procedures in accordance with different cases and procedures.
"Measures for the Governance of Minor Humanities" is less than 18 years old.
June 6th
Office of the Leading Group for Protection of the State Council
The "Measures for the Governance of Minor Humanities" issued
(The following referred to as "Measures")
"Measures" clearly stipulate
Any enterprise, organization and individual
You must not provide tattoo services to minors
No need to coerce, seduce, and instigate minor humanities
Relevant departments should
Perform the duties of the department and give full play to the advantages of the department
Strengthen the support and cooperation of minors' humanities governance
Form an overall joint force
now
The topic of "Jere
Finally, there are "conclusions"
"Measures for Minor Humanities and Humanities Governance"
(Slide view)
Article 1 In order to thoroughly implement the "Code of the People's Republic of China" and the "Protection Law of the People's Republic of China", adhere to the principles that are most conducive to minors, comprehensively strengthen the governance of minors, and protect the legitimate rights and interests of minors to protect the legitimate rights and interests of minors , Promote the healthy growth of minors, and formulate these measures.
Article 2 State, society, schools, and families shall educate and help minors to establish and practice the core values of socialism, fully understand the harm of tattoos, enhance their awareness and ability of self -protection, and reject tattoos rationally.
Article 3 Parents or other guardians of minors shall fulfill their duties in accordance with the law, and educate and guide minors to conduct activities that benefit physical and mental health. If the minor has a motivation and behavior, it shall promptly discourage it. Essence
Article 4 Any enterprise, organization, or individual shall not provide tattoo services to minors, and shall not coer, seduce, and instigate minors.
Article 5 Tattipical service providers shall indicate tattoo services not to minors in a significant position. If it is difficult to determine whether it is a minor, it should be required to show their ID.
The tattoo service providers mentioned in these measures mainly refer to various types of subjects such as professional tattoo institutions, medical and health institutions (including medical cosmetic institutions) and beauty hairdressing institutions that provide tattoo services, as well as social organizations that provide tattoo services.
Article 6 The relevant departments shall improve the working mechanism and strengthen the source control and control in accordance with the principles of "who approves, who supervises, who supervisors, and who supervisors."
The health department shall not be approved and agreed that the medical and health institutions (including medical cosmetic institutions) shall carry out a service project of minors. Increase the supervision of supervision, guide medical and health institutions (including medical cosmetic institutions), do not conduct tattoo services to minors, and provide a standardized medical beauty service for minors who are willing to "remove tattoos".
When the market regulatory authorities register for market entities, the market entities that contain tattoo service activities in the business scope shall be clearly marked after their business license -related business scope of business license related business scope, and instructs them to operate consciously in accordance with regulations.
The commercial department shall cooperate with relevant departments to guide the industry association to urge beauty operators not to provide tattoo services to minors.
The civil affairs department shall strengthen the registration and management of social organizations. They shall not approve and agree that social organizations will conduct juvenile personal services, and to guide social organizations engaged in tattoo services.
Article 7 Relevant departments shall fulfill the duties of the department, give play to the advantages of the department, strengthen the support and cooperation of the humanities governance of minors, and form an overall joint force.
The people's court shall be tried in accordance with the law for cases that provide tattoo services or coercion, seduce, and instigate minors, and infringe on the legitimate rights and interests of minors.
If the people's procuratorate is violated due to the legitimate rights and interests of minors caused by tattoos, and related organizations and individuals who have not replaced them in order to file a lawsuit, they may urge and support their lawsuits; if they involve public interests, they have the right to file a public interest lawsuit.
The education department shall incorporate the relevant knowledge of minors 'humanities into the content of school education, organize warning education, strengthen civilized etiquette education, and improve the students' understanding of tattoos in school.
Public security organs shall investigate and deal with violations of public security management or suspected criminal cases caused by coercion, temptation, and instability of minors.
The judicial administrative department shall strengthen the publicity and education of the rule of law of minors' humanities, support and guide relevant departments to carry out administrative law enforcement, and improve the relevant complaint reporting system.
The Communist Youth League organization should strengthen the ideological and moral leadership of young people, organize targeted education guidance and psychological counseling, so that minors realize that tattoo may cause damage and adverse effects.
The Women's Federation's organization should incorporate the harm of minors' humanities into the important content of family education, and guide and support the adult parents or other guardians to effectively fulfill their responsibilities.
Propaganda, online information, and radio and television authorities shall strengthen publicity and supervision of minors' humanities hazards and public opinion.
The leading group (committee) at all levels (committees) shall do a good job of coordination, coordination, supervision and guidance.
Article 8 Books, newspapers, movies, radio and television programs, stage art works, audiovisual products, electronic publications, or network information of any enterprise, organization and personal publishing, publishing, and dissemination shall not contain content that induces the tattoos of minors.
Article 9 Any enterprise, organization, or individual shall not publish, play, post, post, or emit ads that induce minor humanities and harm the physical and mental health content of minors; shall not play, post, or emit cultural commercial advertisements in schools, kindergartens.
Article 10 If any enterprise, organization, or individual finds that providing tattoo services to minors, it may report to the civil affairs, commerce, health, and market supervision departments, and the relevant departments that receive the report shall be accepted and dealt with in a timely manner.
Article 11 Relevant departments in various places shall strengthen supervision and inspection and increase investigation and punishment. If tattoo service providers provide tattoo services to minors in violation of regulations, the relevant departments shall handle them in accordance with relevant regulations. If other market entities fail to obtain business licenses in accordance with the law, provide tattoo services to minors, in accordance with the "Measures for the Investigation and Investigation of Unlicensed and Unlicensed" and other regulations. Anyone who provides tattoo services to minors violated regulations without violation of regulations shall investigate its legal responsibilities in accordance with the law.
Article 12 Relevant departments in various places may formulate specific measures in accordance with these measures and actual work.
Article 13 These Measures shall be implemented from the date of printing.
Why is it prohibited from minor humanities? This case illustrates the reason
The minor humanities are cool for a while, but it hurts for a lifetime. For a period of time, this seemingly niche tattoo has aroused some minors to follow the trend and has brought adverse effects.
During the National Two Sessions of the country this year, "Jiangsu, Zhejiang and other local procuratorial organs used special supervision of public interest litigation to promote the prohibition of minor humanities that are not yet mature."
In 2021, the People's Procuratorate of Suqian City, Jiangsu Province, was a typical case that attracted social attention to the civil public interest lawsuit that Zhang Mou had attracted social attention.
I am the master of my body. Can the minor humanities be regarded as a personal choice? Why should the procuratorial organs promote the prohibition of the minor humanities? Let's review the beginning and end of this case of minors' cultural and personal interest litigation.
Minor humanities are more harmful
In April 2020, the People's Procuratorate of Liyang County, Suqian City, Jiangsu Province found that in the criminal case of minors, some minors involved in the case had different degrees of tattoos, and most of them were full of arms and backs. Area tattoos. There is a tattoo hall to provide tattoos for minors and clears tattoo services.
The survey found that since June 2017, Zhang Mou has operated a tattoo hall in Puyang County, and has provided tattoo services for hundreds of people, of which more than 40 minors. Without obtaining a medical cosmetic license, it was removed for seven minors.
There have been parents of minors because of opposition to Zhang Mou's tattoos for their children's tattoos. Some minors and parents reported that because tattoos caused school, employment were blocked, tattoos were difficult to remove, and the process was painful and easy to leave scars, but Zhang still provided tattoo services to minors.
Investigations of the procuratorial organs found that although tattoos are not directly related to crimes, they do have adverse effects on minors. Minor humanities, causing trauma to the body, are irreversible and difficult to recover; they are easily excluded by others, causing psychological trauma; in the future, they will also be limited when applying for special requirements for physical conditions.
In December 2020, the People's Procuratorate of Puyang County filed a case and carried out a series of investigations and evidence collection. Whether Zhang Mou knows the age, the consequences of harm, the attributes of public interests, etc. when providing tattoo services, etc. People and its legal agents have conducted conversations and asked more than 70 times.
At the same time, the procuratorial organs conducted on -site exploration, extract relevant physical evidence on the cultural body hall, and took pictures of fixed evidence; the tattoos reflected by some minors and parents were difficult to remove, resulting in further investigation and verification of the obstacles such as schooling, joining the army, and employment.
Provide tattoo services for minors to endanger the rights and interests of minors and harm social public interests
After the investigation, the procuratorate believed that Zhang provided tattoo services for minors, endangering the physical rights and health rights of minors, affecting its development, and harming social public interests.
In April 2021, the Puyang County People's Procuratorate transferred the case to the Suqian People's Procuratorate for review and prosecution. In May 2021, the Suqian People's Procuratorate filed a civil public interest lawsuit with the Suqian Intermediate People's Court. During the court trial, the procuratorial organs conducted evidence of evidence such as lawsuits, the focus of controversy, the source and procedures of the case, the facts of the tattoo behavior, and the consequences of the damage of tattoos, and issued the opinions of qualifications.
The defendant's chapter and his litigation agent also proposed that the law did not prohibit the humanities of the minor, and the current law did not clearly define the public interest. Infringement of public interests.
The prosecutor of the public interest litigation was tit -for -tat and proposed:
First, provide tattoo services to minors to harm public interests of social. Zhang Mou did not screen the tattoo objects, let the minors' humanities be allowed, and the tattoo business activities have open characteristics, resulting in a large number of minors who provide tattoo services.
Tattoo behavior may appear at any time and randomly among minors, infringing the rights and interests of minors, and belongs to the infringement of public interests of social public interests and in line with procuratorial organs to file a public interest lawsuit.
Secondly, tattoos destroying the skin tissue is healthy and difficult to remove. The tattoos need to be treated multiple times, repeatedly treated, leaving scars. The tattoo is easy to be labeled on a negative evaluation, affecting the normal study, life, employment, and socialization of minors.
Again, the mentality of minors is still immature, and many minors have regretted their tattoos. The behavior that affects the healthy growth of minors should be reasonably regulated.
The Civil Code of the Civil Civil Code on the protection of civil legal actions and the provisions of the Protection Law of the Minor is a reflection of special and priority protection for minors. Zhang Mou knows the consequences of the damage of the tattoos of minors, and it is still a minor humanistic body, which not only violates the physical rights and health rights of minors, but also affects the development of minors.
On June 1, 2021, the Suqian Intermediate People's Court made a first -instance judgment, ordered Zhang to stop providing tattoo services to minors, and publicly apologized to the public in writing to the public within ten days from the date of effectiveness.
After the verdict, Zhang's court stated that he would not appeal and was willing to fulfill his obligation to determine the judgment, and said that he would no longer be a minor humanities in the future.
The legal provisions involved in this case can feel the care of the Civil Code and the Protection of the Minor:
Civil code stipulates that minors over eight years old to restrict the ability of civil behavior and implement civil legal acts from their legal agents or their legal agents' consent and recognition.
Pi Yijun, director of the youth crime and juvenile judicial research center of China University of Political Science and Law, believes that the behavior of the purchase of tattoo services in minors has exceeded the scope of behavior of age and intelligence. The tattoo practitioners knew that the object was a minor. Without the consent of its legal agent, it provided them with tattoo services and violated the regulations of the Civil Code.
The Protection Law of the Minor stipulates that "protecting minors should adhere to the principles that are most conducive to minors" and give special and priority protection to minors.
Chen Xiao, deputy director of the Ninth Procuratorate of the Supreme People's Procuratorate, said that under the circumstances that the law is not clear and specific, and the legitimate rights and interests of minors need to be protected, based on the principles that are most conducive to minors, the procuratorial organs can file a public interest lawsuit.
The result of this case conveys signals that restrict minors' humanities. For minors who have not yet matured and have weak cognition and identification ability, tattoos are not private affairs or family affairs. It is a major thing that is related to their healthy growth. The protection regulations on the protection of civil legal actions in the civil code and the protection of the right to survive, development, protection, and participation in the protection law of minors to implement civil legal actions and the protection law of minors should be protected by the protection of minors. "Fence" allows young people to grow up healthy.
(Cover emoji package by yourself)
, Protect minor!
- END -
Hubei Food Safety Fast Inspection Skills Competition Finals Start today
Jimu Journalist Liu DongliCorrespondent Wang Furong Hu ShouzhenIntern Li ChenxingM...
Jiang Guiju: 25 years of dedicated to agricultural technology promotion
Reporter Guan MengyingUncle Zhang, be sure to pour it on time and do a good job of...