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published in(发表于) 2016/9/26 14:33:21
The rule of law, parents have the right to send their children to “violence“ network ring Center? ,

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中文

The rule of law, parents have the right to send their children to "violence" network ring Center? -Internet addiction, education-IT information

On September 17, 2016, Chen surrendered to police as young as 16 years old, she tied her own mother on a Chair at home in order not to eat and drink as well as physical torture for 8 days, eventually leading to their mother died.

Because Chen was a juvenile Internet addiction, the news on the network for dispensing most of the title is "Internet addiction teenager killed his mother". With this title on the Web if you search, you will find similar cases there.

Moreover, the case has a very similar vein to juvenile Internet addiction--parents worried about anxiety-hear-a child of the body get rid of Internet addiction forced to get rid of Internet addiction agencies--the children were subjected to inhuman treatment in these institutions – kids hate-the tragedy of parents.

Actually, public already in again and again again occurred of these tragedy in the awareness to, children are in these frequently to "shock", and "shut closed" "beat" as "treatment means" of institutions in the what suffered has what, but they still will for these personally will children are sent to kick addiction institutions of parents are justified: they is to children good well, just disease urgent mess drops medical service just.

But in fact, the real issue is: parents have the right to others to hurt their own children?

In the Chinese tradition, parents spank their children is an inherent power, if the kids don't listen to parents pulling their children to give a beating, is a normal thing.

And this exercise can not only own the power, also can be transferred to others. For instance, some parents send their children to school, and also tend to purposely with the teacher asked one: If children don't obey, you the punch, it's OK.

But, standing on a legal point of view, really all right?

The answer is obviously no. Although parents gave their children life, but as long as the child is born into this world, he is an individual, a life with their rights.

For parents, they are guardians of minor children, have the obligation to bring them up, but in the fulfilment of this obligation at the same time, they did not harm children power, no power to allow others to hurt their children.

In related news, we often see children refuse to get rid of Internet addiction agencies, and some parents will complement these institutions even in Internet cafes, street, people surprise attack forced the child away, rushed to get rid of the institution known as the treatment of Internet addiction. They don't know, which is already in breach of the People's Republic of China order No. 238 of the Penal Code, were arrested for the crime of illegal detention.

Beyond this limit the liberty of a suspected criminal, get rid of Internet addiction the institutional violence that occurs within the same alleged crime. For example, deliberately to beating the child, resulting in children more than minor injuries against structures, in breach of the People's Republic of China criminal law No. 234 of the rules, suspected of intentional assault. Insult, obscene, even for women who commit adultery, is in breach of the People's Republic of China No. 246 of the Penal Code, No. 237, No. 236, suspected crimes of insulting, indecent assault, and rape.

All of these crimes, not because he was the so-called "parental consent", it becomes an act of innocence. Anyone, as long as committed these crimes, they would be subject to legal punishment.

For those who were forced to get rid of Internet addiction agencies, children who are hurt, they can also take up legal arms, looking for opportunities to seek assistance from the police, the Police rescued them from these institutions, and hold the legal responsibilities of relevant personnel.


法治社会,父母有权把孩子送到“暴力”网戒中心吗? - 网瘾,教育 - IT资讯

2016年9月17日,年仅16岁的陈某向警方投案自首,她将自己的母亲绑在家里的椅子上,以不给吃喝以及殴打的方式折磨了8天,最终导致其母亲经抢救无效死亡。

因为陈某是一名网瘾少年,所以网络上对于这则新闻配发的标题大多是“网瘾少年弑母”。如果你以这个标题在网络上搜索,就会发现类似的案例还有很多。

而且,这些案例有着极为相似的脉络走向:少年上网成瘾——父母忧心焦虑——听到戒除网瘾的机构的宣传——将孩子强行的送往戒除网瘾的机构——孩子在这些机构内受到非人的待遇——孩子对家长产生极度的仇恨——悲剧发生。

其实,公众早已在一而再再而三发生的这些悲剧中认识到,孩子们在这些动辄以“电击”、“关禁闭”“殴打”作为“治疗手段”的机构中到底遭遇了什么,但他们仍会为这些亲手将孩子们送到戒除网瘾机构的父母们辩解:他们也是为了孩子好嘛,只是病急乱投医罢了。

但其实,真正的问题是:父母到底有没有权力让别人来伤害自己的孩子呢?

在中国人的传统观念中,父母打孩子是一项固有的权力,如果孩子不听话,父母把孩子拉过来给揍一顿,是再正常不过的事情了。

而且这种权力不但可以自己行使,还可以让渡给他人。比如有的父母在把孩子送到学校的时候,往往还会跟老师特意嘱咐一句:孩子要是不听话,您狠狠的揍,没事的。

但,站在法律的角度上,真的没事吗?

答案显然是否定的。虽然父母给予了孩子生命,但只要这个孩子出生到了这个世界,他就是一个独立的个体,一个拥有着自己权利的生命。

对于父母来说,他们是未成年子女的监护人,负有将他们抚养成人的义务,但在履行这项义务的同时,他们并没有伤害子女的权力,更没有让他人来伤害自己子女的权力。

在相关的新闻报道中,我们经常看到因为孩子拒绝去戒除网瘾的机构,有的父母甚至会配合这些机构的人员在网吧、街头,以多人突然袭击的方式强行将孩子带走,送往戒除网瘾的机构接受所谓的治疗。他们不知道,这种行为其实已经触犯了《中华人民共和国刑法》第238条的规定,涉嫌非法拘禁罪。

除了这种限制人身自由的行为涉嫌犯罪,在戒除网瘾的机构内发生的暴力行为同样涉嫌犯罪。比如,那些故意对孩子进行殴打,造成孩子轻伤以上危害结构的,就触犯了《中华人民共和国刑法》第234条的规定,涉嫌故意伤害罪。那些对女性进行侮辱、猥亵、甚至奸淫的,则触犯了《中华人民共和国刑法》第246条、第237条、第236条,涉嫌侮辱罪、猥亵罪,以及强奸罪。

所有的这些犯罪,都不会因为得到了所谓“父母的许可”,就变成了一种无罪的行为。任何人,只要实施了这些犯罪,都一样会受到法律的严惩。

对于那些被强行的送往戒除网瘾机构,正在受到伤害的孩子来说,他们也可以拿起法律的武器,寻找机会向警方求助,由警方将他们从这些机构中解救出来,并追究相关人员的法律责任。





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