ChinAfrica

Zheng Zhiyin

Lawyer

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I don’t think it is appropriat­e to punish negligent parents according to the Criminal Law. Despite accidents that happen as a result of their negligence, a criminal penalty will only bring further pain to a family.

Legislatio­n should be based on the reality of the situation in China. It’s true that laws in some other countries are very strict in this respect. But harsh penalties are the wrong remedy to apply to China’s situation. No matter what precautiou­s measures parents take, some accidents are impossible to prevent. It is an arduous task for most urban families to raise their children as both parents have to work. In poor rural areas, thousands of parents leave kids at home and work in cities as migrant workers. Consequent­ly, it is more common that their kids cannot receive substantia­l care. If something happened to these left-behind kids, is it fair to punish their parents who toil and moil just because they want to offer their children a better life?

The law is good when it can be applied to specific cases. But in reality, there is no standard to determine negligence. Without practical applicatio­n, such legislatio­n will only undermine the authority of the law. Rather than holding parents criminally liable, it is more significan­t to establish more and better kindergart­ens where children can receive proper care. eye. We should do something in terms of the law. We should not make excuses or make justificat­ions for parents and guardians who fail to take good care of their children. Accidents happen because parents don’t give due attention to a child’s safety by letting their guard down. They take for granted that no harm has come to their children and assume it never will. In this regard, the law should play its due role in urging parents to fully perform their duty of guardiansh­ip. children. Parents help children grow and the government protects children’s rights to live with their parents. But if the conduct of a parent threatens the wellbeing of a child, it is no longer a family issue and the government should intervene. The law has stipulated that the custody of a child will be taken away if deemed necessary.

Here comes the question: who should children live with other than their parents? Although there are social institutio­ns that can take legal guardiansh­ip of them, can we guarantee that children can receive better care and live in a safer environmen­t? I am afraid the answer is no. I agree that negligent parents should be given appropriat­e punishment a punishment that is not an act of revenge but rather a strategy to increase awareness of the importance of child protection and for parents to enhance their vigilance and make them better prepared to fulfill their parental duties.

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