Is the Law on the Protection of Minors unique to China?

No, actually, western countries pay more attention to the protection of minors.

If the child is injured or even killed because of the negligence of parents' supervision, the consequences will be very different if this kind of incident happens in foreign countries or immigrant families in China and Hongkong. Lin, managing director of Guofeng Immigration, pointed out in an interview: "In many countries and regions, if children's human rights are violated, parents are also responsible. If immigrant families neglect to take care of their children, they may violate local criminal laws. "

The film Guasha, starring Tony Leung Ka Fai, tells the story of an American grandfather, China, who uses Guasha (one of the traditional natural therapies in China) to scrape off skin-related parts with horns and jade based on the skin theory of traditional Chinese medicine. , thus dredging the meridians, promoting blood circulation and removing blood stasis), but was taken to court by an ignorant American on the grounds of child abuse and announced that he was deprived of his father's custody. In the end, father and son separated, husband and wife separated, friends broke up, and jobs were lost. The originally happy family was completely shattered by this lawsuit that fell from the sky.

An Italian father was sentenced to six months in prison for pushing his child to the ground in the streets of Sweden. Hong Kong media reported that a 33-year-old widow in Britain was addicted to online games for six months. During this period, she neglected to take care of three children aged 9- 13. They were forced to open cans and eat cold beans to satisfy their hunger. In the end, the woman was sentenced to prison for child abuse charges.

20 10 in August, a 5-month-old baby slipped off the sofa and went into temporary shock in a Chinese family in Spain. The baby's mother sent the baby to the hospital for emergency treatment. 1 1 days later, the baby woke up, but the "trouble" of the baby's parents also followed. They were told that the baby was "entrusted" by the government, and the hospital was going to sue the parents and determine the child through expert consultation. The doctor diagnosed that the reason for the child's coma was "violent shaking" after the injury. Therefore, it is preliminarily judged that the shaking may be caused by domestic violence. During the custody period, in order to prove that there was no domestic violence, relevant personnel obtained evidence, and the local youth investigation agency conducted an investigation on the neighborhood.

Hong Kong: It is illegal to neglect children intentionally.

Hong Kong has made strict laws to protect minors. In recent years, children fall off buildings frequently in Hong Kong, most of which are caused by the negligence of guardians. After the incident, these guardians were punished to varying degrees. The laws protecting minors in Hong Kong are roughly divided into three steps:

The Ministry of Social Welfare has a special department to provide protection for minors. The Procedural Guidelines for Handling Child Abuse Cases-Revised Edition in 2007 has detailed provisions on how social workers, police, hospitals, teachers and other parties coordinate in handling child abuse cases, and the procedures are extremely strict. The general procedure for handling child abuse cases in Hong Kong is as follows: after receiving a case, the Social Welfare Department makes a preliminary assessment of the seriousness of the case, and then decides whether to arrange a physical examination for the child, refer it to the police for criminal investigation, and arrange temporary accommodation. If parents do not co-operate, the Social Welfare Department can make arrangements according to established procedures by using the power conferred by the Protection of Children and Juveniles Ordinance.

Judicial investigation procedure. According to Article 27 of the Offences against the Person Ordinance, it is a criminal offence for the person in charge of guardianship and care of minors to intentionally attack, abuse, neglect, abandon or abandon minors, causing unnecessary pain or health damage, including failing to provide adequate food, clothing or accommodation for minors, and the maximum penalty is 65,438+00 years' imprisonment.

If, after assessment, it is considered that the child has been subjected to criminal abuse, the police will initiate a prosecution, and the Ministry of Justice will decide whether to initiate a prosecution for child neglect. According to the Department of Justice's policy on prosecuting cases involving domestic violence in 2009, although prosecutors will consider the opinions of the victims when deciding whether to prosecute domestic violence cases, their opinions are not decisive, that is, even if the victims do not agree to prosecute, prosecutors can still prosecute for the public interest.

Care and guardianship of minors. According to the Matrimonial Causes Ordinance and Matrimonial Causes and Property Ordinance of Hong Kong, in addition to the right of the local court to transfer the legal custody of minors to their parents, the court with jurisdiction may, under special circumstances, order the minors to be placed in the care of the Director of Social Welfare if it deems it inappropriate to transfer them to any party or other person.

According to the Protection of Children and Juveniles Ordinance, the juvenile court may, on its own initiative or at the application of the Director of Social Welfare or his authorized person and police officers, order the parents or guardians of minors to go through the guarantee procedures to ensure that minors receive proper care and guardianship, or entrust minors to any person or institution willing to take care of them, or directly entrust the Director of Social Welfare as the legal guardian of minors.

United States: Neglecting child care will lead to loss of custody.

According to American law, children under the age of 12 cannot be left alone, otherwise "the consequences will be very serious". Some young children will be equipped with GPS positioning equipment. If the child is far away from his parents 1 m, the device will automatically give an alarm to attract parents' attention. There have been many cases in the United States in which children are always taken away from their biological parents, which makes many China people who immigrate to the United States dare not slack off. Once, a Swedish couple took their children on a trip to the United States and put their stroller outside the window of a cafe. As a result, they were arrested, faced with lawsuits of deprivation of custody, and even triggered a diplomatic storm.

Since 1970s, the problem of child abuse in the United States has aroused great social concern, and a campaign has been launched to encourage the reporting of suspicious cases of child abuse and neglect, and the courts have also made efforts to respond to the reports. The federal Child Abuse Prevention and Treatment Act provides some basic guidelines, and each state must make its own laws according to its own interpretation of child abuse and neglect.

Child abuse established by American law includes four aspects: mental and emotional abuse, physical abuse (beating children is the most obvious example), neglect of child care, sexual harassment and sexual assault.