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[Happy Life, Accompanied by the Civil Code] Yijiang Procuratorate applied the Civil Code for the first time to support prosecution and help minors safeguard their rights according to law
Time: May 24, 2022 Author: News source: [Font size: large | in | Small

And the prosecutor will interpret the case for you

 

      

   Basic Case  

   this year five In June, a minor named Zhou accidentally entered the sand in a shopping mall children's entertainment business place in Yijiang District when he was playing. Later, he went to several hospitals and was still unable to remove the sand. Later, he was successfully removed through otoscope surgery in a tertiary hospital, which cost medical expenses three thousand Diversified, no claim was made with the merchants afterwards, no reply was given to the complaints filed with the relevant departments to safeguard their rights, and the case was filed with the court due to insufficient evidence, so they applied to the People's Procuratorate of Yijiang District for supervision and support in the prosecution.  

      

   [Case handling]  

   After accepting the case, the People's Procuratorate of Yijiang District considered that the protection of the rights and interests of minors was involved after examination, and it met the conditions for civil support prosecution by procuratorial organs according to the Civil Code, the Law on the Protection of Minors and other relevant provisions. He helped guide the minor's guardian to collect evidence, prepare prosecution materials, urge the court to file a case in a timely manner according to law, and put forward a supporting prosecution opinion, so as to fully protect the minor's health and legitimate rights and interests.  

      

       [Applicable Law]  

   Civil Code Article 198 Paragraph 1: If the operators, managers or organizers of mass activities fail to fulfill their obligations of safety and security and cause damage to others in hotels, shopping malls, banks, railway stations, airports, stadiums and gymnasiums, entertainment places and other places of business or public places, they shall bear the liability for infringement.  

   Article 128 Where the law has special provisions on the protection of the civil rights of minors, the elderly, the disabled, women, consumers, etc., such provisions shall prevail.  

      

   Minors Protection Act Article 56 Paragraph 1: Public places where minors gather for activities shall conform to national or industrial safety standards, and corresponding safety protection measures shall be taken. Facilities that may have safety risks shall be maintained regularly, and safety warning signs shall be set up at prominent positions, indicating the age range and precautions; When necessary, special personnel shall be arranged to take care of it.  

   Article 105 The People's Procuratorate shall, by exercising procuratorial power, supervise litigation activities involving minors according to law.  

   Article 106 If the lawful rights and interests of minors are violated and the relevant organizations and individuals fail to bring a lawsuit on their behalf, the People's Procuratorate may urge and support them to bring a lawsuit; If public interests are involved, the People's Procuratorate has the right to bring a public interest lawsuit.  

      

   This case is The People's Procuratorate of Yijiang District applied the Civil Code for the first time to support prosecution and help solve the problem of minors' rights protection. The next step will be to continue to do a good job in supporting the prosecution of minors, carry out a special investigation on the potential safety hazards of minors' entertainment business places, urge relevant departments to perform regulatory responsibilities according to law through public interest litigation inspection suggestions, eliminate potential safety hazards, and escort the healthy growth of minors.