What better day to enact China’s new law on the protection of minors than Children’s Day? A completely overhauled legislation is now in place to protect those under 18 years of age from a slew of dangers, many the product of the age in which we live.
Statistics show that the death and injury rates of children in traffic accidents without a child safety seat in a car are eight and three times higher, respectively. It comes as great news then as child safety seat use has been included in the national legislation for the first time.
Many other protections afforded by the law are derived from the fact society spends now much of its time online, while also for the first time, mother nature and issues such as bullying have been given a look in.
In order to get a better insight to the Law of the People’s Republic of China on the Protection of Minors (2020 Revision) which came into force today, 1 June, 2021, The Nanjinger spoke with Frank Gong, Partner at Jiangsu G&D Law Firm.
Gong sees that the new law will be of benefit to not just minors, but also many industries catering to their needs. “I think the education industry, property industry and most obviously, the baby-products industry will expand hugely because of the newly revised Law of the PRC on the Protection of Minors”, he said.
In the online world, Article 17 (6) states that minors’ parents or other guardians must not indulge minors in their becoming addicted to the internet. It goes one step further in Article 71; “Minors’ parents or other guardians shall improve their network literacy, regulate their own use of the Internet, and strengthen the guidance and supervision of minors’ use of the Internet”.
Still online, Article 75 states, “The state shall establish a unified electronic identity authentication system for minors playing cyber games. Cyber game service providers shall require minors to register and log into cyber games with their real identity information.”
The Nanjinger wondered whether such runs contrary to other provisions in the law for minors’ rights to privacy? Gong replied, “Although the Article 1035 of the Civil Code of the PRC formulates that the personal information of a natural person shall be processed after obtaining the consent of the natural person or his or her guardian, Article 75 of the new law is a compulsory law which can protect children from bad influences on the Internet.
“The aim of the new law is sacrificing the privacy of children and protecting children’s other more significant rights.”
Back with those car seats, Article 18 makes it clear that the issue falls under providing a safe family living environment for minors. The Article specifically states, “Parents or other guardians of minors shall … adopt measures such providing safety seats for children and educating minors to follow traffic rules to prevent minors from being injured by traffic accidents; and raise awareness of outdoor safety protection to prevent minors from drowning, suffering animal injuries, and other accidents.”
But is this clear enough? In the U.K. for example, a child seat is required for children under 12 or less than 135cm in height. The new China law defines a minor as under 18 but makes no mention of exceptions for child seats.
And then there is the issue of ride hailing.
As to due process, public security organs, the people’s procuratorates, the people’s courts, and the judicial administrative departments shall determine special institutions or designate special personnel to be responsible for handling cases involving minors. Personnel handling cases involving minors shall receive special trainings and be familiar with the physical and mental characteristics of minors. There shall be female staff members in special institutions or among special personnel.
Another highlight of the legislation is that schools and kindergartens shall educate as to frugality, opposing waste and cherishing food, in order that minors establish a sense of shame in waste and a pride in saving.
Yes, a green lifestyle for minors is now the law in China.
In other areas, education on bullying, together with its prevention and control, is also to be carried out for faculty, students and others.
China’s new law also brings the country in line with many International standards as to the sale of tobacco, alcohol and lottery tickets. Businesses conducting such are to make it conspicuous that sales will not be made to minors; and to require identification to be shown when in doubt.
The new law applies equally to foreign nationals or stateless minors who are not yet 18 years old and are in the territory of mainland China.
