关键词：校车管理 自主配备 学生安全
Haikou Issued School Bus Safety Management Measures, Giving School Buses “Identity Cards”
Key words: School bus management, Self-equipped, Student safety
On July 29, 2020, Haikou Municipal People’s Government in Hainan Province has officially issued the “Haikou City School Bus Safety Management Trial Measures”, which will be implemented on August 1, 2020, and will be valid for two years. The Measures refine and clarify the safety management responsibilities and safety management linkage mechanism of the functional departments of Haikou Municipal Government, confirm the application, responsibilities and conditions of school bus service providers for school bus service work, and assure the infrastructure conditions to ensure school bus safety to be standardized.
The method pointed out that schools can independently equip their own school buses to pick up and drop off their students. At the same time, the following units established in accordance with the law can provide school bus services: urban public transportation companies; road passenger transportation companies; school bus service providers approved by the Haikou Municipal Government to engage in school bus services. Schools that use school bus service providers to provide school bus services should sign a school bus safety management responsibility letter with the school bus service provider, specify their respective safety management responsibilities, and implement school bus operation safety management measures.
For schools or school bus service providers that apply for the use of school buses, if approved, Haikou Municipal Government will issue an approval letter for use of school bus, and the traffic police department will issue the school bus signs. The school bus sign shall record the vehicle’s license plate number, motor vehicle owner, driver, driving route, driving time, stopping station, license issuing unit, expiration date and other specific information. The school bus signs are divided into the two parts – the front and the rear, which are respectively placed on the lower right corner of the front windshield glass and the appropriate position of the rear windshield glass. In addition, the method pointed out that school buses should be equipped with on-board caretakers. The school bus for lower grade students shall be equipped with at least one car-carrying staff. And the car-carrying staff are responsible for children’s safety in the bus. Students are not allowed to take the passenger seat.
School bus safety management has always been the focus of the work of the public security traffic control department. In 2012, China promulgated the “School Bus Safety Management Regulations”, which defines a “school bus” as a passenger car with more than 7 seats that is licensed in accordance with these regulations and used to transport students receiving compulsory education to and from school. This regulation is to strengthen the safety management of school buses and protect the personal safety of students riding on the school buses.
In recent years, there have been frequent school bus accidents, and the traffic safety of students traveling has been highly concerned by governments at all levels and the different ranks of society. School buses take the important task of transporting primary and secondary school students and young children. This duty is closely tied to the heart and happiness of thousands of families. This action by Haikou City is the specific implementation of the “School Bus Management Regulations”, which plays an important role in ensuring the safety of students on the bus and helping to resume work and school better.
“Domestic violence witness is also the victim”, Legislation set to Protect Children Needs to be Considered
Key words: Juvenile Protection, Domestic Violence, Psychological Trauma
It is reported that the Measures for the Implementation of the Law of the people’s Republic of China on Anti-domestic Violence in Guangdong Province was submitted to the 22nd session of the Standing Committee of the 13th Provincial People’s Congress for consideration on July 28th, 2020. Considering the protection of minors who witness domestic violence, the draft proposes that minors who witness domestic violence are victims of domestic violence. In addition, the draft stipulates that schools and kindergartens should carry out publicity and education on self-protection awareness of students and children for different ages, so as to improve their self-protection ability.
“Juvenile Protection Law”, “Law on the Protection of Women and Children”, “Marriage Law” and “Anti-domestic violence Law” can be understood as laying a good and practical foundation for the protection of minors. Now, the latest legislation of Guangdong Province will create a more complete legal protection barrier for minors.
Objectively speaking, this high-profile draft is not perfect. The legislative rank is too low and the scope of effect is too narrow. However, this is the embodiment of unremitting efforts from national legislation to local legislation. This makes the public feel that the legal barriers against domestic violence have become more and more detailed, and citizens have stronger confidence in protecting the rights and interests of minors.
The draft includes minors who witness domestic violence into the scope of legal protection. This step is a major measure to protect minors according to law and reflects the law’s scientific and reasonable progress. Admittedly, minors who witness domestic violence are not direct victims of domestic violence, and they do not suffer substantial physical injuries most of the time. Nevertheless, the subtle influence of witnessing domestic violence in the long term will not only cause psychological trauma to children but will also form rebellious characters. As they grow up, these psychologically injured children will develop a tendency towards violence, which ultimately leads to negative impacts to the society. Therefore, minors who witnessed domestic violence should not be ignored. Instead, special attention should be paid to the problem of domestic violence, and legislative actions to protect minors should be taken.
Shanghai Released the “Juvenile Judicial and Social Work Service Standards”
Key words: Juvenile delinquency, Judicial and social work service standards, protection of juvenile rights and interests
On July 31st, the “Juvenile Judicial and Social Work Service Standards” (hereinafter referred to as the “Standards”), jointly drafted by Shanghai Youth Service and Rights Protection Office, Shanghai Sunshine Youth Community Affairs Center, Shanghai Yiyang Youth Social Work Promotion Center, Shanghai High People’s Court, Shanghai People’s Procuratorate, Shanghai Municipal Public Security Bureau and Shanghai Social Workers Association, was officially released. This is the country’s first provincial standard in the field of juvenile justice and social work services and will be in effect on October 1st this year.
The “Standards” advances crime prevention and adds “minors with bad behaviors”, “minors with serious bad behaviors” into the service objects, so as to achieve the effect of “pulling them back from the brink” in a timely manner. The “Standards” sets out not only the juvenile crime prevention, but also the adjustment of juvenile psychological state. According to the statistics from judicial organs, in recent years, Shanghai approves the arrest of more than 200 minors involving in crimes on average every year. The intellectual development, discernment and self-control of minors are not yet mature, hence the significance of early intervention is self-evident. In the “Standards”, the first service principle is to give priority to the benefits of minors: “Respect the personal dignity of minors, give minors special and prioritized protection, and adopt a combination of educational and protective methods to provide services that adapt to the rules and characteristics of minors’ physical and mental development.” Regarding the protection of the minors, only by “suiting the remedy to the case” according to the needs of teenagers can practical results be achieved.
The “Standards” includes situational and personalized services for minors in violation of the law at different stages, linking judicial protection and social protection. Besides, the “Standards” also covers the norms for and restriction on social workers. For instance, it confirms the status of social workers with the authority of local standards and increases the recognition of social workers; it promotes the establishment of a quality monitoring and evaluation system for juvenile judicial and social work; it improves the professionalism and service quality of juvenile social workers, and promotes the participation of social workers in job refinement reform of judicial protection and social work.
The promulgation of the “Juvenile Judicial and Social Work Service Standard” aims to build a better social support system for the judicial protection of minors. Because minors’ minds are not mature enough and their identification ability is limited, it is necessary and meaningful to advance crime prevention. The formulation of the “Standards” integrates Shanghai’s actual needs for juvenile judicial protection and relevant policies and systems, as well as relevant practical experience in juvenile judicial and social work. The promulgation of the “Standards” helps to standardize and restrict social workers, to clarify their identity and status, thus improving the professionalism and service quality of juvenile judicial and social workers, promoting the protection of minors, and also enabling social workers to have more sense of acquisition.
Writer: Wenxuan Hong
Translator: Xinyue Bai
Editor: Nuoyao Zong
Hunan Opens “Nutrition + Exercise” Weight Loss Outpatient Service for Overweight Teenagers
Key words: Overweight Teenagers, Medical advice for weight loss, Diet and exercise
July 31th, Xinhua News Agency (Journalist: Shuai Cai). To help some teenagers having the need to lose weight, Hunan People’s Hospital opened “Nutrition + Exercise” weight loss outpatient service, where professionals prescribe exercise treatment and give personalized medical guidance on weight loss.
According to Cai Hua, director of the weight loss outpatient service in the Digestion and Nutrition Department of Hunan People’s Hospital, many students live unbalanced lives during summer holidays, and their excessive consumption of carbonated drinks and high-calorie food coupled with lack of exercise cause rapid increase in body weight. Professionals in weight loss outpatient unit will adopt a “one on one” mode of treatment, and measure a student’s muscle, fat and organ fat levels, as well as specific weight control indexes, among other data, sets personalized medical nutritional weight loss solutions. The doctors also monitor the student’s weight loss process timely for personalized management.
Cai Hua advises that weight loss cannot be achieved overnight or with strict diet alone. Teenagers need to have correct understanding about weight management, and make sure that they lose weight on the premise that essential nutrition for growth and development is provided. Teenagers can make suitable exercise plans such as swimming, rope skipping, aerobics, hula hoops and so on. They should also be reminded to do warm-up activities before exercise. It is best to exercise within an hour per day, and excessive exercise is not recommended.
According to surveys, China has experienced much greater increase in obesity rate than developed countries, which is a very serious problem. Obesity increases the risks of many diseases, and negatively affects one’s health. The “Nutrition + Exercise” weight loss outpatient treatment in Hunan adopts a “one on one” mode of personalized treatment, and tailors its treatment plans to everyone’s circumstances. The initiative not only soothes the anxiety of teenagers out of obesity and is conducive to their mental health, but also reduces the risk of teenagers blindly seeking alternative medical advice for weight loss, such as unhealthy diet, weight loss pills or weight loss, which could be harmful to their health. In the long run, the initiative also reduces the risks of teenagers falling ill as a result of obesity.
Huainan, Anhui: Young Railway Volunteers Spend Their Summer Holidays with Left-behind Children in Rural Areas
Key words: Youth volunteers, Left-behind children, Targeted courses, Companionship and care
On the morning of July 31, 2020, twenty local left-behind children from Kehu Primary School in Sunmiao Township, Xijiaji District, Huainan City, Anhui Province, welcomed a special group of teachers. They were youth volunteers from the Huainan West Railway Station of China Railway Shanghai Bureau Group Co., LTD. The theme of this activity was “Happy summer vacation, accompanying you to grow up”, aiming to enrich children’s holiday life.
Local traffic is poor, and many children’s parents are working nonlocally. There were 183 students in the school, and nearly half of them are left-behind children. In the early phase of the volunteer program, the Youth League Committee of the station has recruited teachers throughout the station, giving considerations to their personal education background, major, affinity and other aspects. At the same time, targeted curriculums were set according to children’s age, interests, hobbies and other characteristics. In addition to English, Math, Chinese, Art and other regular courses, there were also railway safety knowledge classes, language classes, natural science classes and physical fitness interaction classes.
Most of the places where left-behind children gather in China are rural areas with poor traffic condition, and the areas are relatively backward. Therefore, it is difficult to allocate corresponding curriculums and teachers to local schools, and it is relatively difficult for left-behind children to obtain good education. The number of people who care for left-behind children is increasing year by year. Compared with youth volunteers, other groups of people of the society have fewer free time. Hence, the enthusiastic investment of youth volunteers is particularly important. Moreover, the active thinking of the youth volunteers can help them teach students in accordance with their aptitude and revise the teaching plan better, which can well improve the children’s ability to learn and cultivate their interest. The activity has a good effect, and provides a good idea for other local programs to care for left-behind children. If it can form a long-term mechanism, it will help left-behind children precisely.
Writer: Kexin Chen
Translator: Lili Feng
Editor: Jiahe Cao
儿童和妇女问题副部长吉尔·邓洛普（Jill Dunlop）表示，新战略还将致力于解决黑人和土著家庭在儿童救助系统中人数过多的问题。 她说，与原生家庭环境相比，接受照料的儿童和青年人的结果更差，包括低毕业率，无家可归的风险增加以及司法系统的更多干涉。 邓洛普在新闻发布会上说：“儿童福利不应成为人们所惧怕的系统。” “任何人都不应该担心因为与儿童救助协会上交流而失去孩子。没有女人应该害怕去收容所而失去自己的孩子。”
Ontario plans to redesign child welfare system focusing on prevention
Key Words: child welfare system , prevention and early intervention
Associate Minister of Children and Women’s Issues Jill Dunlop said the new strategy will also work to address the over-representation of Black and Indigenous families in the children’s aid system. She said children and youth in care suffer from worse outcomes than those in original family setting, including lower graduation rates, a higher risk of homelessness and more interference of the justice system. “Child welfare should not be the system that people fear” Dunlop said in a news conference. “No one should worry about losing their children because of having communication with children’s aid society. No woman should be afraid to go to a shelter for fear of losing her children.”
The aim of this plan is to bolster community services and emphasize care in the normal family setting rather than in the appropriate group family setting. Dunlop said the revamped system will seek more permanent homes for children and youth who can’t stay in their families or communities, including a more centralized adoption process. She said the plan was established on the basis of consultations and online surveys from youth, families, First Nations, community organizations and frontline workers.
Wednesday’s announcement, however, did not include new funding or legislative changes. It didn’t set a timeline for the redesign, either. Dunlop said the change would be rather “significant” so that it would take time. Critics said that while the child welfare system definitely needed to be reformed, the government’s announcement didn’t lay out a truly practical plan to do so. “Without details, real resources or money, even timelines or commitment to transform the laws that govern child welfare, the Ford government does not tackle with these critical issues when Indigenous communities and children and youth in care desperately need a plan,” members of the opposition New Democrats said in a statement.
Some advocates suggested more research was needed on outcomes for youth after care . Therefore, they could find out what is the kind of intervention and supports they need. “People may easily draw the conclusion that foster care leads to poor outcomes; however, it is possible that without intervention the condition of youth would be worse,” the not-for-profit Child Welfare Political Action Committee claimed in a statement. “In contrast, we believe that foster care has failed to level up those children’s life outcomes in comparison with peers who have not experienced foster care. The child protection sector must become evidence-based and aspirational to get improved. We believe that if the result of measurement is not be impacted, even innovations with the best intent are noneffective. “
This report by The Canadian Press was first published on July 29, 2020.
The Child Welfare system is vital for the protection of youth in disadvantaged circumstances. The redesign of this system needs to take all unsolved issues into consideration and make a strategic plan to move it forward. It should not merely be a slogan for campaign or the excuse for more votes. We should continue the research of whether the current foster system is appropriate. Furthermore, more funding should be put to develop a better environment for children.
Writer：The Canadian Press Staff
Camping without masks on, hundreds of children in Georgia, US were infected with COVID-19
Key words: Not wearing masks, Cluster transmission, Child infection
According to NBC, the Centers for Disease Control and Prevention confirmed COVID-19 cluster transmission in a summer camp in Georgia on July 31st. This fact has proved that children are susceptible to contracting COVID-19, and they play an important role in the transmission of COVID-19.
CDC said the camp had 597 participants and staff members. Upon testing 58% of them, at least 260 people have tested positive for COVID-19.
The camp did not follow CDC’s advice that all participants should wear masks, and only required staff members to wear masks. Between June 17th to 20th, the host committee held an information session for 138 trainees and 120 staff members, most of whom were under the age of 21.
However, host committee of the camp did follow administrative order of the state of Georgia, and required that everyone test negative for COVID-19 within 12 days prior to their arrival to the camp, and submit test results.
June 21st, when the camp officially began, 363 participants between the ages of 6 to 19 arrived, participated in various indoor and outdoor activities, and slept in cabins which could hold a maximum of 26 people. June 23rd, a young staff member left camp site after getting a cold, and tested positive for COVID-19 the next day. June 27th, participants were sent home and the camp closed.
Officials began their investigation on June 25th, and found that 260 out of 344 people have tested positive for COVID-19. More than 230 of them are under 17 years old, and 74% of those infected show mild symptoms of fever, headache, sore throat and so on. Others infected show no symptoms.
A report by CDC concluded that the results show COVID-19 to be transmitting among young people sleeping in the same environment, which implies that all age groups are likely to contract COVID-19.
The report also found children of all ages to be susceptible to COVID-19. Contrary to the findings of earlier reports, children can play a significant role in transmitting COVID-19 as well.
Although children and adults take the same precautions during COVID-19 outbreak, children have relatively weaker immune systems and therefore they need to be treated more cautiously. Precaution for children should follow the principle of maintaining and enhancing children’s immunity. During the unexpected pandemic, children are an especially vulnerable group due to their low immunity. They can be easily attacked by coronavirus, therefore extra care for children is necessary. During COVID-19 pandemic, protecting children’s health is extremely important. In addition to putting children in home quarantine, parents should also help increase children’s immunity by paying attention to healthy, balanced diet and motivating them to exercise.
1 in 3 children are poisoned by lead globally
Key words: Children, Lead poisoning, Risk, Measures
According to the UNICEF report of 30 July 2020, often unwittingly and with life-altering consequences, children are growing up in harm’s way, inhaling dust and fumes from unregulated used lead-acid battery recycling operations and open-air smelters, eating food contaminated by lead-glazed pottery and lead-infused spices, living in homes with peeling lead paint, playing with lead-covered toys, drinking lead contaminated water and even working in lead-laced electronic waste dumps. The list goes on.
Childhood lead exposure can lead to lower IQ levels, behavioral issues and increased risk of kidney damage and cardiovascular diseases in later life.
UNICEF and Pure Earth are calling for urgent action including stronger environmental, health and safety legislation, and investment in health services to monitor, test and treat children’s exposure to lead.
Lead is silently seeping into children’s bodies through unregulated lead-acid battery recycling operations, electronic waste dumps, pottery, spices, paint, toys and drinking water. It is recommended that countries that currently use lead pipes replace other pipes that are not harmful to children’s health. In addition, regulate the recycling of vehicle batteries in low- and middle-income countries to tackle the illegal and unsafe recycling of lead-acid batteries. Parents keep children away from toys and crockery that contain lead.
哈维·斯莱德（Harvey Slade）是毒品政策基金会（Transform Drug policy Foundation）的研究和政策官员，他说：“非法毒品交易为有组织犯罪集团提供了无与伦比的收入来源。
More than 1,100 children trafficked to UK drug trade sites
Keywords: Child abduction, Drug trafficking
1,173 children were enslaved by drug traffickers in 2019, according to UK charity Transform. Figures from January to December 2019 show that most of the 1,853 people estimated by the Home Office to have been trafficked into the illegal drugs business were children. The statistics, which Transform will obtain from the Home Office, were released on Thursday to mark the UK’s crackdown on human trafficking World Day.
Transform said that the significant increase in the number of children being trafficked for the drug trade in the UK from 2018 is a growing problem. It attributed this increase to a growing national concern about the drugs business in the UK.
In 2018, Home Office figures show that 721 people were victims of the ‘county line’ trade. Last year, that number rose to 1,139, including 1,001 children.
The figures come from the UK Home Office’s Serious and Organised Crime Group (SOCG) unit. Their figures also show that the number of children or minors forced to work illegally in cannabis cultivation rose from 146 in 2018 to 156 last year.
Harvey Slade, a research and policy officer at the Transform Drug policy Foundation, said: “The illegal drug trade provides an unparalleled source of income for organised crime groups.
“Current practice is to send in the police to arrest and seize drugs, but we know that after 50 years of trying, that’s not working. These new statistics show that organised crime groups are taking advantage of young and vulnerable people to evade detection by law enforcement and maximise their profits.”
Slade said that the increasing number of people, especially children, being trafficked as “drug slaves” in the UK underlines the need for alternatives to drugs.
“To combat this terrible exploitation, we need to regain control of the drugs market and legally regulate it. We need to tackle this as we do the legal supply chain: provide reporting and monitoring procedures, and exclude vulnerable children from the trade.
Transform argues that the “war on drugs”, which has been waged for more than half a century, has been counterproductive and has only enriched organized crime around the world.
In recent years, Britain’s anti-drug approach has consisted of sending police officers to arrest drug dealers and seize drugs. However, there has been a downside to this approach. In order to evade government oversight, drug trafficking organizations have begun to buy and sell children and other vulnerable people, including up to a thousand children, into the drug trade. In the process, these children and other vulnerable groups are enslaved and exploited, causing great physical and psychological harm to them. In order to avoid such situations, Governments and relevant authorities should strengthen monitoring and choose the right drug interdiction methods and provide monitoring and reporting on the supply chain to reduce the occurrence of such incidents and ensure the safety of children.
关键词：未成年人 家暴 公权力
Strengthen the Guardianship of ‘Public Power’ over Children
Keywords: children, domestic violence, public power
Abstract: This article analyzes the domestic violence suffered by children and briefly describes the impact of domestic violence on them. We can learn from the effective measures of other countries to use public power to protect children and put forward relevant suggestions based on national conditions.
- The Impact and Problems of Domestic Violence
A philosopher once said that ‘lucky people use their childhood to heal their lives while unfortunate people use their lives to heal their childhood’. Children in the shadow of domestic violence experience the pain prematurely, and some of the bad effects may even last their lives.
Domestic violence tramples on children’s dignity, destroys family harmony, and affects their social stability. Under the influence of traditional concepts, Chinese parents are prone to the idea that ‘children are their own private property’, upholding the concept of ‘spare the rod and spoil the child’ and ‘stick-style’ education . Beating and scolding of children is classified as ‘family chores’ in Chinese society and is a method of educating children. If children are not severely abused, general domestic violence is difficult to attract the attention of people around, and it is difficult for relevant departments to intervene.
The Anti-domestic Violence Law of the People’s Republic of China defines ‘domestic violence’. ‘The domestic violence referred to in this law refers to the methods of beating, binding, mutilating, restricting personal freedom, and frequent abuse and intimidation among family members. The physical and mental violations carried out [“The People’s Republic of China Anti-Domestic Violence Law’. ‘With the development of society, people’s education and awareness levels have improved, and the forms of domestic violence are no longer limited to the traditional types.’ ‘Witnessing domestic violence’ is also included in the category of domestic violence. On November 27, 2019, the Guangdong Province’s Measures for the Implementation of the Anti-Domestic Violence Law of the People’s Republic of China (Draft) were submitted to the meeting for deliberation. Article 58 clearly stipulates that ‘children who witness domestic violence are victims of domestic violence’. The diversification of forms of domestic violence increases the risk of children suffering from domestic violence. Scholar SpringerK.W believes that children who have been abused by their parents will be plagued by depression, anxiety, anger and other emotions and a series of physical symptoms as they grow older. This paper has been cited more than 850 times since it was published in the official journal of the International Association for the Prevention of Child Abuse and Neglect in 2007. In addition, domestic violence has the characteristics of intergenerational transmission, and these children will be very likely to use violence against their future spouses and next generation. This is a typical vicious circle, not only for individuals and families, but also for society and the country as a hidden danger that cannot be underestimated.
Parents, as guardians of children, should have assumed the obligation to take care of their lives and protect their legal rights and interests. But now, many violent parents have become a source of nightmares for their children. According to the Civil Code passed in 2020, the people’s court can revoke the qualification of guardian only if it severely infringes the ward or puts the ward in a state of danger. In a typical case of revoked guardian qualifications announced by the Supreme Court, Lin (female) in Fujian Province repeatedly used a kitchen knife to cut the back and arms of his 9-year-old son Xiaolong (pseudonym), and beat his legs with tongs. Xiaolong was often let hungry. This abuse was repeated and serious. After the village committee’s application, according to law, the court revoked Lin’s guardianship of Xiaolong and designated the Wudian Village Committee as Xiaolong’s guardian. Xiaolong suffered a very intuitive and serious trauma, so he could be discovered, intervened, and tried in time, but there are more children who suffer from domestic violence that is concealed and difficult to be detected or judged. This is also why it seems compulsory to revoke parental custody , but with the higher difficulty in actual judgment. Can the protection of children only depend on guardians? Isn’t ordinary domestic violence worthy of attention? Those answers must be no.
- Reference from Foreign Measures
In today’s world, public power has become a trend in the traditional judicial field. When dealing with domestic violence incidents in our country, we can consider using other countries to exercise public power to intervene in guardianship. For example, in Japanese Civil Code, two systems, ‘parental control’ and ‘minor guardianship’ are stipulated and the guardianship system belongs to the field of private law. However, the ‘loss of guardianship’ system was proposed in the 2011 Civil Law Revision. The government should use family courts to restrict parental guardianship.
The United States intervenes in the guardianship of children through a special agency, the Child Welfare Bureau, which participates in cases of abusing or neglecting children. After receiving reports from the public, the Child Welfare Bureau has the right to investigate. It assigns a child protection commissioner to contact the reported family 24 hours a day. At the same time, it has 60 days to contact the reporter to investigate the true situation, and to the court in serious cases Prosecute. In addition, the United States has deployed professionals in the community to provide help and relief to children in distress.
Canada focuses on preventing domestic violence. In addition to the clear provisions in the Criminal Law, it also unites the school teaching process to instill in children the concept of how to prevent domestic violence from the time they are in the kindergarten. When dealing with and responding to domestic violence, these countries not only have laws to follow, but also set up relevant activities and methods. The managing department implements various laws and regulations, at the same time, uses civic education to strengthen the preventive work of domestic violence, and actively uses public power to guarantee the protection of children.
‘Domestic violence children’ is difficult to be detected and intervened in time due to the concealment of violent behavior, the particularity of the subject’s identity, and the diversity of violence methods. In order to effectively stop the occurrence of domestic violence and further protect the legitimate rights and interests of children, ‘prevention, intervention, and relief’ methods should be improved to form a trinity prevention system.
(1) Strengthen people’s awareness of anti-domestic violence in prevention
At present, the concept of the masses in our country is still stuck in the state of ‘spare the rod and spoil the child’, especially in the underdeveloped rural areas. Due to the lack of parental education and the lack of reasonable discipline methods, more extreme discipline methods, such as beatings or insults will be adopted under extreme emotions. To strengthen people’s awareness of anti-domestic violence, the government should take the lead, innovate communication mechanisms and forms, and strengthen cooperation between the government and village committees. Regularly send professionals to publicize anti-domestic violence laws to the masses, guide the masses of society to change traditional concepts, improve the society’s awareness of the rights of children, and create a legal environment for children’s growth.
(2) Form a linkage mechanism in intervention
Improve and implement the mandatory reporting obligation system stipulated in Article 14 of the Anti-Domestic Violence Law. The current mandatory reporting obligations are not comprehensive in scope and do not cover all people. Second, the responsibility mechanism for failure to perform the reporting obligation is not specific. Article 35 of the Anti-Domestic Violence Law stipulates that ‘causing serious consequences’ is a prerequisite for punishing relevant personnel and institutions, which hinders the implementation effect of mandatory reporting and weakens the reporting entity’s performance The enthusiasm of responsibility.
On the other hand, because ‘domestic violence children’ are spatially secretive, it is difficult for public security organs to detect and intervene. The government can take the initiative to cooperate with schools, hospitals, communities and other relevant institutions to promptly contact the public security or the Women Federation for effective intervention when a child is found to have physical or mental health problems.
Improve the compulsory reporting mechanism and cultivate the citizens’ awareness of active reporting and intervention, unite the public, the government, schools and other relevant units to intervene in domestic violence.
(3) Improve judicial relief mechanism
Our country’s judicial practice implements the principle of ‘whoever advocates and presents evidence’. In domestic violence cases, the evidence is often provided by victims. Due to the younger age of children who are victims of domestic violence, they do not know how to protect their legal rights or appeal for themselves. We cannot count on the legal guardian of the abuser to provide evidence. In this regard, it is possible to relax the threshold for the proof of children, transfer part of the burden of proof to the perpetrator, and expand the sources of clues and evidence.
On March 1, 2016, China formally implemented the ‘Anti-Domestic Violence Law’, indicating that the country is committed to prohibiting any form of domestic violence. According to statistics of letters and visits from the China Women Federation, the Women Federation system received 44,071 domestic violence complaints in 2017, 39,371 complaints in 2018, and 36,002 complaints in 2019. It can be seen that the promulgation of special laws is indeed effective in reducing the incidence of domestic violence, but there is still room for improvement in the specific implementation intensity. Children are the future and hope of the country, and we are eager to establish a complete asylum mechanism to safeguard their fundamental rights and interests from the institutional level. At the same time, it is also hoped that more people in the whole society will participate in anti-domestic violence and minor protection actions to jointly guard their growth and development.
Writer: Yuzhen Fu
Translator: Yilin Wang
Editor: Xinrui Ding
“Global Snapshots on Child Law”项目由致诚公益律师团队发起，我们希望联合全球热爱公益事业、关注儿童保护的志愿者打造全球儿童保护最新、最及时、最真实的动态分享平台。
“Global Snapshots on Child Law” is initiated by Zhicheng Public Interest Law. We hope to unite global volunteers who are passionate about the cause of public interests and build the most updated, timely and genuine information sharing platform for child protection worldly.
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-  The “Anti-domestic Violence Law of the People’s Republic of China”
- ［J］ “Caixin Weekly”: Guofeng|”Witnessing Domestic Violence Is Nothing” No. 47, 2019
-  “Civil Code of the People’s Republic of China”
-  Supreme People’s Court: Lin XX being revoked guardianship case
-  The Government of Japan: Japan-Civil Law “Guardianship Limitation System” to Protect Children from Abuse
-  New York State Administration of Child Welfare: Participant in handling cases of child abuse or neglect
-  Article 265 of the Canadian Criminal Law stipulates: Intentionally offending others without their consent is illegal regardless of the degree.
-  Modern Express.com: “How Do Countries Deal With Child Domestic Violence”
-  ［J］Journal of Shanxi Youth Vocational College: Reflection and reconstruction of the mandatory reporting system in the Anti-domestic Violence Law March 2020