Today, Lawyer Liao Wen of Jiangxi Chongji Law Firm, a legal service station for women and children's rights protection in High-tech Zone, gave you a "statement":
1. What are the main laws to protect the rights and interests of women and children?
The lawyer replied:
1. Civil Code of People's Republic of China (PRC)
This "encyclopedia of social life", its legislative spirit and relevant provisions fully reflect the protection and care for women and children.
2. Law of People's Republic of China (PRC) on the Protection of Women's Rights and Interests
The first basic law with comprehensive protection and protection of women's legitimate rights and interests as its main content. Published in 1992, revised twice in 2005 and 20 18. On June 30, 2022, the 37th meeting of the 13th the NPC Standing Committee of the People's Republic of China revised and passed the Law on the Protection of Women's Rights and Interests in People's Republic of China (PRC), which came into force on June 38, 2023.
3. People's Republic of China (PRC) Law on the Protection of Minors
Comprehensive laws in the field of minor protection specifically protect the legitimate rights and interests of citizens under the age of 65-438+08. 199 1 passed, first revised in 2006, revised in 20 12, revised in 2020, revised in 2020, and the Law on the Protection of Minors which came into effect on June 1 2026.
4. Domestic Violence Act of People's Republic of China (PRC)
Laws to prevent and stop domestic violence and protect the legitimate rights and interests of family members. The 18th meeting of the Standing Committee of the 12th NPC was adopted on February 27th, 20 15 and implemented on March 27th, 20 16.
2. What are the vulnerable types of children's rights and interests and the relevant relief laws?
The lawyer replied:
1. School violence
At home and abroad, campus violence is not a new topic. There are many people in this world who are tortured by school bullying like Chen Nian, and their teachers and parents can't help them. The most uncomfortable thing is that the perpetrators are a group of underage "children".
Law:
Article 17 of the Criminal Law of People's Republic of China (PRC): Age of criminal responsibility:
(1) Those who are under the age of 12 shall not bear criminal responsibility;
(2) If a person who has reached the age of 12 but under the age of 14 commits the crime of intentional homicide or intentional injury, causing death or serious disability by particularly cruel means, and the circumstances are bad, he shall bear criminal responsibility if he is prosecuted with the approval of the Supreme People's Procuratorate; (Since March 2002 1,1has been implemented, and lowering the age can also effectively curb the impulse of minors to commit crimes to a certain extent.)
(3) Having reached the age of 14 but under the age of 16, and being criminally responsible for eight serious crimes: intentional homicide, intentional injury causing serious injury or death, rape, robbery, drug trafficking, arson, explosion, and throwing dangerous substances;
(4) Having reached the age of 16 and being criminally responsible for all crimes committed.
Article 8 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Juvenile Criminal Cases has relevant provisions for school bullying:
A person who has reached the age of 16 but under the age of 18, for the purpose of bullying the small by bullying the big, bullying the weak by bullying the weak or seeking spiritual stimulation, arbitrarily beats other minors, extorts money from other minors for many times or arbitrarily damages public and private property, and disrupts the order of schools and other public places. If the circumstances are serious, he shall be convicted and punished for the crime of provoking trouble.
2. Xiong Haizi rewarded the anchor
It is not uncommon for "Xiong Haizi" to reward the anchor at a high price, and it is not uncommon for parents and technology companies to "go to court". In 2020, Tianjin No.3 Intermediate People's Court tried a contract dispute caused by a minor's reward through a live webcast platform.
Law:
Article 19 of the Civil Law stipulates that minors over the age of eight are persons with limited capacity for civil conduct, and the implementation of civil legal acts is represented by their legal representatives or recognized and ratified by their legal representatives.
Article 20 of the Civil Law stipulates that minors under the age of eight are persons without capacity for civil conduct, and their legal representatives act as agents to carry out civil legal acts.
Therefore, according to the above regulations, Xiong Haizi who has reached the age of eight needs the consent or ratification of his parents, so the reward behavior is effective. Therefore, if Xiong Haizi rewards the anchor without the consent of his parents, and his parents do not ratify it afterwards, the platform should refund the reward. If the anchor rewards in Xiong Haizi under the age of eight, it needs to be implemented by parents, and the child's own reward behavior is invalid, and the platform also needs a refund.
Brief introduction of lawyer
Cha lawyer
Female public interest lawyer
Doctor of Law, Jiangxi University of Finance and Economics, covering company law, finance, real estate and construction engineering, marriage inheritance and other fields. Familiar with legal norms in real estate and construction engineering, company law, finance and other fields, rich experience in corporate affairs and civil and commercial disputes, and good at handling various corporate legal practices. Since practicing, I have served as legal adviser to many enterprises and institutions, and at the same time I have undertaken various legal services and foreign litigation and arbitration for enterprises. Clients served: Xinhua Trust Co., Ltd., National Trust Co., Ltd., Ganzhou Bank Co., Ltd., China Everbright Bank Co., Ltd., Taiping Life Insurance Company, Jiangxi Branch, Jiangxi Railway Aviation Investment Group Co., Ltd., Jiangxi Supply and Marketing Cold Chain Technology Co., Ltd., Tengwangge Construction Engineering Group Co., Ltd., and has served as lawyer and executive director of Jiangxi Chongji Law Firm since February 20021year.
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