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Our hospital handled the "first case of the first year" of the public interest litigation against minors in 2022 - "Procuratorial Blue" strongly defended "Juvenile White"

author:Golmud Municipal Prosecutor's Office

Minor: "Auntie, I want to buy a pack of cigarettes"

Merchant: "Ten yuan per package"

Before the promulgation of the Law of the People's Republic of China on the Protection of Minors, the above scenes occurred from time to time and were changed; after the promulgation, there were still some merchants who repeatedly taught and did not change, and punished!

Recently, a parent of a minor reported to the Golmud Tobacco Monopoly Bureau that a shop near the Primary School in Golmud City sold cigarettes to primary school students. The cadres and police of the Juvenile Procuratorate Office of our hospital and the staff of the Municipal Tobacco Monopoly Bureau jointly conducted a joint inspection of the reporting clues. During the inspection, it was found that the person in charge of the shop did sell cigarettes to minors, and did not verify the identity information of minors before selling, nor did he take the initiative to explain the harm of smoking cigarettes.

In response to the problems found in the inspection, our hospital formulated and issued the "Procuratorial Recommendation" for the incomplete performance of duties by the Municipal Tobacco Monopoly Bureau, and supervised the administrative law enforcement organs to actively and fully perform their regulatory duties. Our institute will jointly base the administrative law enforcement unit on the long-term and pay attention to practical results, form a joint force for the protection of the whole society, not only to guard the smoke-free "pure land" of the campus, but also to control the "main battlefield" of smoking outside the school of primary and secondary school students. Therefore, minors should be "treated both inside and outside" when minors are banned, and it is forbidden to be banned both inside and outside the school.

In the future work, our hospital will continue to promote juvenile procuratorial public interest litigation, actively explore the spiritual and cultural needs that adapt to the growth of minors, vigorously purify the social and cultural environment, so that minors' social cognition can be improved, their spiritual life will be enriched, their moral realm will be sublimated, and the value of social protection will be maximized. Create a pure land for the healthy growth of minors, hold up a blue sky, and use the "procuratorial blue" in your heart to guard the white purity of teenagers.

Prosecutors come to popularize the law:

Article 59 of the Law of the People's Republic of China on the Protection of Minors stipulates that no tobacco, alcohol or lottery ticket sales outlets shall be set up around schools and kindergartens. It is forbidden to sell tobacco, alcohol, lottery tickets or redeem lottery prizes to minors. Tobacco, alcohol and lottery operators shall set up conspicuous signs that they do not sell cigarettes, alcohol or lottery tickets to minors; where it is difficult to determine whether they are minors, they shall be required to present their identity documents;

Article 100 of the Law of the People's Republic of China on the Protection of Minors stipulates that public security organs, people's procuratorates, people's courts, and judicial administrative departments shall perform their duties in accordance with law to protect the lawful rights and interests of minors; article 105 provides that the people's procuratorates, through the exercise of procuratorial power, supervise litigation activities involving minors in accordance with law; article 106 provides that where the lawful rights and interests of minors are infringed and relevant organizations and individuals fail to file a lawsuit on their behalf, the people's procuratorate may supervise and support them in initiating a lawsuit Where the public interest is involved, the people's procuratorate has the right to initiate a public interest lawsuit.

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