Minors have been raped, adjust the limitation of action is not enough lata-01

Minors have been raped, adjust the limitation of action is not the original title: minors have been raped, adjust the limitation of action is not enough by Liu Changsong on October 31st, the NPC Standing Committee, the second draft of the general principles of civil law, two reviewers added provisions, "sexual abuse of minors damage limitation of the claim for damages during the calculation of the date of eighteen years from the victim." This important legislative change reflects the special protection of minors to the state. The Constitution stipulates that "children are protected by the state". "Minor protection law" further stipulates that "according to the characteristics of physical and mental development of minors (minors) special, priority protection, protection of the legitimate rights and interests of minors are not violated". The general principles of civil law is civil law countries, with minor associated content, of course, also should try to fully embody the protection of minors. The previous reviewer comments, Professor Liang Huixing, the famous civil scholars put forward, "considering the traditional concept of China society, sexual abuse of minors family, parents are often not willing to seek legal protection, after some victims have adult legal knowledge to seek legal relief, and was told that the limitation of action has already expired, even if the case the court also accepted to win". Now, this idea into national legislation, commendable. Draft a draft stipulates: "to the people’s court for protection of civil rights during the limitation of action for 3 years". This is referred to as the period of limitation of action in general, and the case of minor sexual assault is also applicable. The draft also stipulates that: "during the period of limitation of action, the right holder shall know or should know that the rights have been damaged and the obligor begins to calculate the time limit, except as otherwise provided by law." That is to say, if there is no case except as otherwise stipulated by law, minors have been raped and know who the offender, the limitation of 3 years from the time when she began to know is calculated, after a period of 3 years, it is difficult to pursue. Obviously, this is not conducive to the protection of the legitimate rights and interests of minors, it is necessary to make the foregoing supplement. But I think that the provisions of the two reviewers added back should also add "the limitation of action certainly applies to the stage before starting". Otherwise, if under the age of 18 to pursue sexual assault, sexual assault after this period of time between 18 years but can not sue the infringer, this is ridiculous. In addition, the term of protection of minors by limitation of sexual assault, future prosecution may also face the difficult problem of proof, this is how to do? For example, Wang Chieh used "Baise student network than girls sexual assault case, the attorney said, the victim of the incidental civil compensation request is very difficult to obtain the support of the court, because the victim was a doctor for medical expenses receipts and other evidence also lost. In the future, we should draw lessons from the legislative experience of intellectual property rights in the future, which can be directly regulated by law. For example, the copyright law provides that the actual loss of the right person can not be determined by the people’s court in accordance with the circumstances of the infringement, the decision to give 500 thousand yuan of compensation". Similar provisions can be considered for reference? Of course, this is just to solve the legislation of minors to pursue future adult Wei相关的主题文章: