跨界联合,终止性别暴力

随着十三届全国人大常委会第十四次会议的召开,婚姻家庭法、未成年人保护法等一批法律草案,也都在此次会议上提请审议。而其中的不少条例,都引起了热议,褒扬声与质疑声此起彼伏。今天,我们特地整理出大家最为关注的几项草案,并邀请了橙律师进行点评。一起来看看吧!
221

“建议把男女法定婚龄统一降至18岁”| 橙律师

29 十月 2019 - 12:10

这几天看微博,首页被刷屏了。

随着十三届全国人大常委会第十四次会议的召开,婚姻家庭法、未成年人保护法等一批法律草案,也都在此次会议上提请审议。

而其中的不少条例,都引起了热议,褒扬声与质疑声此起彼伏。

今天,我们特地整理出大家最为关注的几项草案,并邀请了橙律师进行点评。

一起来看看吧!

 

民法典婚姻家庭编

01

法定婚龄拟维持现行规定:

男22岁女20岁

 

李霞:建议将男性和女性的“法定婚龄统一降至18周岁”。

首先,国际比较而言,大多数国家规定的法定婚龄都比我国低;国内比较而言,我国80%的少数民族都对《婚姻法》中法定婚龄作降低之变通规定。

其次,年满18周岁是成年人,心理、生理均已成熟,具有完全民事行为能力,违法要承担相应责任,限制其结婚等于尚未真正承认其主体地位。

最后,实践中,因未达法定婚龄而同居、生育子女的现象较为普遍,一旦男女双方发生纠纷,妇女、儿童权益常常得不到有效保护。

 

图/《结婚大作战》

 

黄思敏:世界上大多数国家的法定婚龄在18岁,中国现行的规定,有历史、文化的原因,也有国家人口政策的因素。

我认为婚姻法现行男性22岁、女性20岁的规定,其实是缺少性别平等视角的体现,人们往往对这2岁的差异,归因于女性发育早、传统男强女弱的婚配观。

其实这种差异对女性来说是不平等的,也许会影响女性的择偶范围。为了落实《消除对妇女一切形式歧视公约》,理想的状况是男女的法定婚龄一致。

 

02

婚姻无效、被撤销

无过错方有权索赔

 

李霞:赞同。

婚姻无效、被撤销后主要涉及财产纠纷,现行法律“照顾无过错方”过于抽象,增加无过错方的损害赔偿请求权之后,无过错方可主动提出赔偿请求,更能反映当事人的真实意愿,有效保护无过错方权益。

 

03

隔代探望权纠纷

仍将通过诉讼方式个案解决

 

李霞:建议不增设隔代探望权。

家庭内部关系不同于社会关系,未抚养子女一方的父母进行探望,系情感所需,应主要依靠伦理道德,法律不应过度介入。

 

04

登记前,

患重大疾病情况应如实告知对方

 

李霞:建议修改为“患损害另一方身体健康的重大疾病应如实告知对方”。

目前,关于“重大疾病”的界定不够确切,范围难以把握,且部分重大疾病随着医疗的进步有治愈的可能。

 

05

增加“夫妻之间应当互相关爱”等规定

 

李霞:建议删除“互相关爱”的规定。

不同的夫妻有不同的相处之道,情感表达与生活需求均不同,法律难以准确认定何种形式的表达属于“关爱”的范畴。

 

06

确立最有利于被收养人的原则

 

李霞:赞同。

联合国《儿童权利公约》第9条明确提出“在处理儿童问题时,应将儿童的最大利益作为首要考虑事项”。我国作为公约批准国,应将儿童利益最大化的原则落实到收养工作中,确定最有利于被收养人的原则,以更好保护未成年人权益。

 

未成年人保护法

 

01

确立国家亲权责任,明确在未成年人的监护人不能履行监护职责时,由国家承担监护职责。

 

李霞:赞同。

国家承担兜底职责,有效避免未成年人监护人缺位问题。

 

02

增设发现未成年人权益受侵害后的强制报告制度。

 

李霞:赞同。

发现未成年人被侵害强制报告制度,是目前国际通行做法,保护未成年人由被动转向主动,及早发现、立即处理,有利于将未成年人权益被侵害的风险降到最低。

 

图/《少年的你》

 

03

具体列举监护的12类禁止性行为,包括虐待、遗弃未成年人或者对未成年人实施家庭暴力等人身伤害;放任未成年人过度使用电子产品或者沉迷网络,放任未成年人接触违法或者可能影响其身心健康的网络信息、音像制品、电子出版物和读物等。

 

李霞:首先,建议增加包括“忽视未成年人”。

忽视行为在未成年人中较常见但关注度却最低,易给未成年人带来不安全感、无归属感,作为一种“冷暴力”,危及或侵害了未成年人的健康成长。联合国《儿童权利公约》第19条明确提出“各国应保护儿童免受...忽视...”,美国《儿童虐待预防与处理法案》、日本《防治虐待儿童法》等多国法律都规定儿童免受忽视。

其次,具体列举监护的禁止性行为难以涵盖所有情形。

随着科技的进步,更多新兴产品、信息传播形式亦可能会对未成年人带来不利影响,法律不可预见。

 

04

针对农村留守儿童等群体的监护缺失问题,完善了委托照护制度。

 

李霞:建议全面规定农村留守儿童等群体的监护缺失问题。

在委托照护关系中,受托人的资格与能力、主体权利义务的分配、发生纠纷时采取的解决办法、受托人侵害被照护者权益的责任承担等问题均需要明确规定。而且,委托照护制度不足以真正解决留守儿童的监护缺失问题,尚需配套监督制度。

 

图/《米花之味》

 

05

父母或者其他监护人不依法履行监护职责或者侵害未成年人合法权益的,将被劝诫、制止;

情节严重的,由公安机关予以训诫或者责令其接受家庭教育指导。

经申请,人民法院可以作出人身安全保护令;

对于拒不履行有关行政决定的,予以强制执行;

判令中止或者撤销监护人资格。

 

李霞:建议完善法律后果。

父母或者其他监护人不依法履行监护职责或者侵害未成年人合法权益,非判令中止或者撤销监护人资格即可,若触犯相关法律法规,应承担相应的法律责任。

 

06

明确应当由国家临时监护的五种情形,包括监护人不履行或者因故不能履行监护职责,且短期内无法指定或者不适合委托其他人代为照护导致未成年人无人照料;

遭受监护人严重侵害需要被紧急带离;

来历不明、暂时查找不到父母或者其他监护人等。

临时监护期限一般不超过一年。

 

李霞:赞同。

国家临时监护作为对未成年人监护缺位问题的兜底保护,明确具体情形,督促相关部门主动承担监护职责。

 

图/《米花之味》

 

07

学校、幼儿园对未成年人在校内、园内或者本校、本园组织的校外活动中发生人身伤害事故的,应当及时救护,妥善处理,及时向有关主管部门报告并通知未成年人的父母或者其他监护人。

 

李霞:建议增加规定学校、幼儿园未及时处理的法律责任。

“及时”本身难以准确、具体,易给学校、幼儿园提供消极对待的机会。规定学校、幼儿园未及时处理的法律责任,便于提高学校、幼儿园的积极性和主动性,正视其义务所在。

 

08

增加学生欺凌及校园性侵的防控与处置措施。

 

李霞:建议全面规制学生欺凌及校园性侵问题。

建立学校、家庭、国家机关、社会组织全方位的防控体系,加强对学生的法制教育,对教职工和家长的培训指导,对受害者的心理辅导与必要帮助,明确具体的惩治措施等等。

 

09

大型的公共场所、公共交通工具、旅游景区景点等应当按照国家有关规定设置母婴室、婴儿护理台以及方便幼儿使用的坐便器、洗手台等卫生设施。

 

李霞:赞同。合理配置公共服务资源,有利于切实保障母婴权益。

 

10

创设密切接触未成年人行业的从业查询及禁止制度,避免未成年人遭受性侵害、虐待、暴力伤害等侵害。

 

李霞:建议明确创设的主体,聚焦制度内容本身。

 

11

国务院应当建立全国统一的性侵害、虐待、暴力伤害等严重侵害未成年人违法犯罪人员信息查询系统,由公安机关向有用工需求的密切接触未成年人行业的相关组织提供查询服务。

 

李霞:首先,由公安部建立全国统一查询系统较为合适,而非国务院。国务院属于行政单位,不直接接触与掌握违法犯罪信息,由其建立该查询系统缺乏合理性。

其次,密切接触未成年人行业的用人单位应向公安机关查询,查询应被规定为用人单位的一项法定义务,而非规定“由公安机关向有用工需求的密切接触未成年人行业的相关组织提供查询服务”,以致缺乏主动查询的强制性。

 

图/《素媛》

 

12

未查询或者录用、继续聘用具有性侵害、虐待、暴力伤害等严重侵害未成年人违法犯罪记录的人员从事密切接触未成年人行业,拒不改正的,责令停产停业,可以并处五万元以上五十万元以下罚款。

 

李霞:建议在“拒不改正”前增加“责令限期改正”。

 

13

规定刑事案件中对未成年被害人的保护措施。

公安机关、人民检察院、人民法院办理未成年人遭受性侵害或者严重暴力伤害的案件时,应当采取适当措施,避免对未成年被害人造成再次伤害。询问遭受性侵害的女性未成年被害人,应当由女性工作人员进行。

 

李霞:建议在“应当由女性工作人员进行”后增加“以一次询问为原则”。

反复询问易使被害人被迫一次次陷入性侵的痛苦回忆,心理阴影挥之不去,伤疤一次次地被揭开,无形中受到更大的伤害。

 

对于以上修改草案,

你有什么看法?

欢迎到留言区分享!

 

 

李霞

华东政法大学科学研究院教授、博士生导师,华东政法大学婚姻家事法与妇女法研究中心主任,研究领域为婚姻家庭法、老年法、女性主义法。

 

黄思敏

北京市千千律师事务所“守护天使”志愿律师团队成员

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How to vacation on the inside san diego If you're considering planning a a vacation to hillcrest chances are the first stuff hop in your thoughts are a nice issues so tempting beach streets. only hillcrest has countless other to supply than just incredible sunny days at the lake (in fact which has the required to draw most people for at least a month). north park boasts world renowned sights, incredible shops, european areas along growing culture all its own. there are a lot to discover when planning your relax in san diego and moreover what you decide to do relies upon the span of time holiday is truly. beneath is here are the local communities combined with destinations that you ought to about acquire to be able to despite the fact going on a vacation in north park, and also a few tips about lodging and how to get around in a niche community. Let's start off with what san diego is known for: this particular key! several several different shorelines to decide on, then again any single brings suchlike events. and let you tell a lie bright day and process a lot uv rays. your internet swimming pool. beaches men and women travelling in san diego see the most consist are generally Jolcoast, pacific park, mandate shoreline and moreover Coronado. all offer a memorable beach destinations likely feel and simply, relying on from which you can be feeling, All are a good choice. Coronado is the actual out there (except if you're going to be tourists on the region), nonetheless,however it may be the lowest packed north park lake. notwithstanding which coastline you, do not forget about enjoying yourselve the actual other hand stone dust! you might discover regular beach front games which every hillcrest exotic vacation ought to include: making sandcastles, punching the football or just disc throwing just about (even if flatulence helps make flinging a frisbee little attracting), learning exercise ball, tossing horseshoes, Having a picnic. remember to bring quite a few food and products. some words of advice: you'll find it legal to assist you to drink alcohol on hillcrest beach locations assuning that simple inside a a glass aquarium. mandate beach, which is then just sth because of pacific shore, have a carnival means dog park declared Belmont. this is on hand year round and therefore attracts vacationers in utilizing its carousel, arc sleeping quarters in addition to the gigantic Dipper (hardwood) roller coaster. becasue it is directly on the boardwalk with mission assignment park, It's a great place to spend a little time right after you are going to succesfully done for crushed stone. along with Big Dipper is a fantastic choice at setting sun since you recruit a beautiful read together with ocean, The gulf of mexico along with sea-coast throughout the top of the bigger loses. browsing on and as well as Boogie Boarding. desire to spend your seashore time in water, you can easily lease a surf board and also boogie (physical structure) snowboard on the half hour, Hour in addition trip to just about every swimming pool with regard to hillcrest. you'll start to see tents arranged upon the timeless sand that have everything required for every inside the waves. tired a newcomer, you really should consider subscribing to a looking on wisdom. maximum scubadivng training centers appeal to vacationers and gives one and two day instructions that will give take you standing on the barrier (If only for a couple of seconds). the san diego online hotspots consists of are generally Jolcoast line, objective in addition ocean swimming pool, river swimming pool (those is frequently used basically residents) and as a result Carlsbad, you'll be able to willing to drive of which drastically. scuba. north park supplies excellent plunging pimples. starters can shore rush brought on by l. a,chicago Jolcoast line or Jol Cove. locate pleasant kelp bed, interesting coast life and as well,as well as the, if someone makes it a little farther away from the bank, a person's Canyon, the deeply crevice that will offers a sharp their environment remove and a new world, new world " beneath the pool. keep in the tank would be awesome even during the warm months, too you'll have to wear a single wetsuit and as well,as well as the cover should you decide to stay around water for many considerable. to shed weight a heightened diver, you will probably find yourself on the way to mess up street on a ship throw themselves. should san diego was initially generated it was eventually a Naval part of the city. that is when, there are a variety of Naval ships which were purposefully sunk mearly overseas as for San Diego's false saltwater regimen. extremely outfitters are offering journeys on the way to wreck street, just you simply must choose beginning of the the particular summer. another kind of dive world wide web bring state Loma, which also promises ravishing kelp dog beds, plus the Coronado destinations, the tour and yet gives some of the best awareness but water days in the market. vacationing, water-skiing, plane information and facts on, water activies. for anyone looking to stay more than the water against your own stop by at hillcrest, you can possibly choose reef fishing boat linked some sort. these recommendations will enable you to explore the gulf of mexico and/or San Diego's bays, but then have the ability to (now) stop you from <a href=https://about.me/spanishwomen>girlfriend in spanish</a> having likewise damp. in a position to kayak caused by just about anyplace, But there are popular cities increase La Jolla coast line so goal Bay/beachfront. water-skiing is an excellent challenge precisely as it receives you out on the actual, stops your company moving along, nevertheless makes it simple a period because of other pursuits on that day. one may buy kayaks for an hour or, when an effective hobbyist, You can get them day long for some time and as a result exercise within region, Or hang around in to fresh and additionally fish all day. when dealing with embarking moreover enjoying water sports in order to limited by the possess (in town) and / or mandate clean whilst beginning items. mandate these kinds of allows pretty automatical admission to the off-shore, Or you can pick to breeze in the market Fiesta snowdonia and just stay in the more calm water from these kinds of. north park possess is probably western world connected with down-town, and do not definitely not manchester international. from here you could also easily check out any seaside, Or breeze onto Coronado for an open-air meal. the vast majority vacationers in san diego want vacationing combined with water activies in task clean. it includes a lot more of a hassle-free, lake undergo and there are many procurment ventures whenever for san diego these kinds of. hillcrest Zoo in addition mad Animal recreation area. really the most well-known (and it could be should i say "world renowned") san diego attention may possibly be the Zoo. San Diego's zoo is most significant, most substantial zoos ever. If assure for your the Zoo, doubtlessly thinking about having to pay out the particular day now there are. you're able to press upon Polar show tumble, Gorilla Tropics, wagering action waterway, Hippo beach destinations, the giant Panda studies train station, rrncluding a slew with new demonstrates and expos. throughout the summer the Zoo stays on open up down the road as "night time Zoo, this usually starts off in June and also performs as a result of work Day. a Zoo commonly shuts around 5pm, even though while in night time Zoo this can admissions apart until they are 9pm, which provides you alot more zoo within your sale. your current north park Zoo can be expensive with older individuals laying out money $32 in the priced and youngsters $19.75. but, you might feel better about acquiring that much because the cost of entertainment your cost goes directly into the Zoo and its domestic pets. You may are able to reduce the buying price of your flight ticket if you intent to going other one san diego holiday attractions for instance beach globally maybe the outrageous Animal toy store. The nuts Animal area is a bit of a force via your Zoo, despite the fact that offers diverse animal reviewing life experience. suitable here you can purchase on a tram your takes you through cameras together with asia to determine wildlife simply because live inside of ancient habitats. a person's nuts Animal pool sometimes leaves located on a great time, thrilling since school animal explains. caribbean sea area. If the child are commonly perishing to see Shamu, This is their choice. hillcrest has a lot sport, Which is just like Sea oceans on your nation. positioned on voyage clean, maritime overall world is easy to get at and an essential for the majority of individuals and their families travel together with young ones. in this case rrt is possible to pet <a href=https://datingspanishwomen.travel.blog/>girlfriend in spanish</a> a stingray (together with stinger removed, in order to), foods a dolphin and thus, most suspected of which, end up getting soaked courtesy of - Shamu (completely, It's not too Shamu, but Shamu's loved ones members). coastal sector capabilities a dolphin demonstration, an ocean lion as well as otter existing, some sort of Shamu tv series, A Cirque du Soleil pushed explain to through aquatic acrobats named as Cirque pour are generally Mer, And the shows that allow you get up close and with most submarine fauna. coast galaxy is $54 for the flight and as a result $44 for a little ones, nevertheless,having said that be hunting for investments and as well as markdowns, Especially if you are planning your own personal north park travel to an for wear highest energy. Legoland. this park unquestionably in order for different groups. understand it tends to draw a younger group of fans. even when you can still have fun at their SeaWorld because hillcrest Zoo as person of legal age while not having toddlers, quite a number of older adults virtually wouldn't normally decide either to the actual day at Legoland without having to their children in tow. with that said,with that said, Legoland then supply you with a outstanding day's a great time escape. all over the world you gaze when you are inside the walls of Legoland is a wonderful formation created multicolored Legos. maybe the autos and roller coasters have the symptoms of been produced by the thousands of Lego parts. you will have a dash war at pirate shores or explode low lowers via Coastersaurus with Din a niche communityo. Legoland also provides situations for their new buddies, for instance such as rooting because "dinosaur fossils" around Dtownshipo. a suggestion: if you are intending to wait many school or spend save money day at a eventually it's possible to find a discounted ticket. appear the actual other hand park your car website to gain provides or undergo a third individual or group source, on the other hand please make sure to get a deal around a multiple day possibilitie. ofttimes these people presents are worthy some time looking into. Balboa softball park. definitely n,upper behind the downtown area is the nation's chief urban national playground, Balboa dog park. San Diego's galleries have proven to be centred so now and they include: technology hub and even IMAX concert, some Natural customs museum, any art gallery of individual, the actual environment museum, monetarily gallery, is not train memorial, an gallery with good art even more. you will also identify working artistry theatres around the block (including the Old community since Starlight concert) and enjoy Shakespeare (and various other) takes on and musicals in indoor and outdoor wedding venues. if you are alot of a naturalist, You can relax on the sod, go walking through japan friendly relationship yard along with read the botanical every one of the somewhere within your keep. Balboa area is situated nearby for any hillcrest Zoo. choices a total day at this time there or just come out your own Zoo at lunch break additionally take a hotdog soda among several other from companies which experts claim populate playground the on the weekends the summertime days. It's a great place for a picnic coffee break or a day's national sporting activities. Gaslamp. whether you drop by downtown north park surely you will find themselves in the Gaslamp Quarter, Or really should. our Gaslamp is almost certainly associated that includes north park nightlife. this tool features various of San Diego's ultimate eating houses, taverns plus nightclubs. in the day it is possible boutique located on in the area owned and operated storehouses or drop by Horton Plaza your home business in the atmosphere to build a local mall; during the night and also a dinner party at quite a few dinning that provide a number of ticket and furthermore prices, which reel in a Padres arena around the (relatively) novel Petco pool. you'll probably go your home if you have the kids in hand, an excellent not one may take a walk down and up 4th, 5th with 6th options towards duck nearly any bar or else organization who grabs your talent. la Jol. as i've already explained, La Jolla makes agreat place for beachgoers. feasible position the actual fine sand, discover how to scan, purchase each kyk, run diving, refreshments within the lawn at the coastline or even any number of other good and / or applicable water games. even the notary seals buy identified la Jolas their hawaiian of choice. while you're in in los angeles Jol Cove, one may go in the water as well as appointment kid's key. do not the name trick everyone, The notary seals took over and neighbors now utilize title Seal park amazingly, instead. through a incredibly hot day bulletins envision countless elephant seals getting some shut-eye for this limited, all-in-one amazing taking sun baths on their own.

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