More important to children’s sexual rights which matter before the twelve session of the general civil law submitted to the twenty-fourth meeting of the NPC Standing Committee of the second "(Draft)", added a provision: the sexual abuse of minors damage limitation of the claim for damages during the calculation of the date of eighteen years from the victim. This is a new folk called "retroactive" clause. Although there is a saying, the law does not protect the people sleep lying on the right. But for children suffering from sexual assault, a year of limitation of action period is too short. This is because, as a special group of children, they do not have full civil capacity, need to rely on their guardians for adults. Affected by the traditional concept of society, mental immaturity and other factors, many children suffer from sexual abuse would rather choose to endure in silence, but do not want or dare not tell their guardians. And even after the guardian informed, there are a considerable proportion of legal rights due to a variety of reasons to give up. All of the above shows that the current system of limitation of action is not conducive to children suffering from sexual abuse of rights according to law. "The general principles of civil law (Draft)" the new rules are not against the time, but from the start date of adult aging, help adult children to seek their own legal rights relief. Coupled with the "general principles of civil law (Draft)" the civil litigation is extended from two to three years, which means that once the bill passed, sexual abuse of children in the adult court for damages within three years. Compared with the existing provisions of the "general principles of civil law (Draft)" the new progress in the protection of children’s rights is very obvious. Nevertheless, the new regulations still need to fill and solve its institutional blind. Because the legal rights, in addition to the will and ability, but also must have sufficient evidence. But in reality, the lack of evidence is a major hurdle on the road of sexual rights. In Guangxi Baise sexual assault case, "Master student" Wang Chieh "by the Baise student network of sexual assault than girls. However, when the case was heard, almost no criminal proceedings with civil compensation, the victim is generally lack of medical records, photographs and other strong evidence. Just imagine, if you can not collect and save the relevant evidence in a timely manner, then wait until the adult to take the right to court? Thus, the usual suspects are allowed to progress, but if you can not solve the "instant solid card", then the "usual suspects" fear of power will be greatly reduced. In fact, both at home and abroad, there is a further solution to the problem of institutional resources. In France, for example, prosecutors play an active role in the protection of children’s rights, often on behalf of a civil lawsuit or to participate in the proceedings as a "party". China’s "civil law" Fifteenth stipulates: "the state organs, social organizations, enterprises and institutions to damage the state, collective or individual civil rights and interests, can support the injured unit or individual to the people’s court". Children subjected to sexual rights, can not rely on the guardian, can not rely solely on their adult children. Social welfare organizations, schools, community, government departments and judicial organs should join forces to jointly build a full range of network security, the guardian fails to directly support the responsibility when subjected to sexual abuse.相关的主题文章:

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