"Can you open a mahjong room near the primary school?" Recently, Ms. Li from Yuncheng City, Shanxi Province called for advice.
Ms. Li said that in order to make it convenient for her daughter to go to school, her family moved to the school district opposite the school and found a mahjong hall downstairs. Not only can the children see the mahjong crackling inside on the way after school, but the mahjong sound at night often lasts until midnight, which greatly affects their study and rest.
"I heard that dance halls can’t be opened near primary and secondary schools, so should mahjong halls be banned?" Ms. Li said.
To this end, the reporter conducted an investigation and interview.
□ Our reporter Zhang Shoukun
Not long ago, the Regulations on the Prevention of Juvenile Delinquency in Guangdong Province (revised draft for comments) was publicly solicited from all walks of life, among which Article 38, "Business restrictions around schools", aroused widespread concern.
This article proposes that Internet service business places, commercial song and dance entertainment places, commercial entertainment places and other places that minors are not allowed to enter according to laws and regulations should not be set up within 200 meters around primary and secondary schools. What are the "places where minors are not allowed to enter"? Netizens have different opinions.
The reporter of "Rule of Law Daily" recently visited Beijing, Tianjin, Anhui and other places, and interviewed many parents. At present, places such as Internet cafes, KTV and game halls are rarely seen within 200 meters of primary and secondary schools, but there are still some mahjong halls, chess rooms, billiards rooms and other places. Some parents think that these places are also "places that minors should not enter" and should be far away from the school.
Experts interviewed pointed out that minors’ self-control is relatively weak, and they are easily tempted and addicted by the outside world. It is necessary to build an iron wall to protect minors and purify the surrounding environment of primary and secondary schools. Relevant departments should issue relevant regulations, further expand and clarify the connotation and scope of "places that are not suitable for minors to enter", and include places that have not been explicitly banned but actually cause harm to the growth of minors in the "ban", strengthen daily supervision, and keep them away from the surrounding areas of schools to better create a good and comfortable growth environment for primary and secondary school students.
Chess room opens its doors to students.
Opposite a middle school in Suzhou, Anhui Province, there is a billiard room that has been open for more than ten years, and its business is booming every day. Teacher Zhang of the middle school noticed that there were many students in school uniforms in the billiards room, and some of them looked like young minors, which made him quite worried.
"Many of the people who come here to play ball are junior high school students and high school students. They have also met several primary school students who are not much higher than the pool table, smoking a cigarette in one hand and holding a club in the other, and their mouths are full of dirty words. Sadly, sometimes students can still be seen in the billiard room when it is clearly class time. " Teacher Zhang said that the next roadside step from the main entrance of the school is the billiard room, and many teachers and parents hope that this billiard room can be moved.
In the shopping mall opposite a primary school in Suzhou, several 24-hour self-help mahjong halls have been opened in recent years, and students are not restricted to enter. Some teachers reported that some students went across the street to play as soon as school was over. He went into the mahjong room and observed that most of the students who went there were middle school students nearby and occasionally primary school students.
He described the scene of students playing mahjong to reporters like this: "Eat, touch, bar, and be stupid … …” Accompanied by a burst of slightly excited voices, the children quickly and skillfully touched cards and played cards, and the "national curse" blurted out, almost the same as playing mahjong with adults. Similar scenes have been staged in many places.
Some time ago, Ruizhou Street, Gao ‘an City, Yichun City, Jiangxi Province received a report from the residents in the jurisdiction: "There is a mahjong hall downstairs in the 20 th building of a residential area in Gao ‘an City. There is a primary school opposite the mahjong hall, and the mahjong hall is less than 500 meters away from the school. As a result, many parents in the school went to the mahjong room after sending their children to school, and then took them to the mahjong room for dinner after school, which seriously affected the children’s study. "
The Law on the Protection of Minors clearly stipulates that places such as commercial entertainment places, bars, and Internet service places that are not suitable for minors’ activities shall not be set up around schools and kindergartens.
In the investigation, the reporter found that Internet cafes, tobacco shops and KTV are rarely seen within 200 meters around the school, but chess rooms, mahjong halls and billiards rooms are still common, and many participants are minors.
If the scope of "nearby" is expanded to 500 meters, mahjong halls and billiards rooms will be more common. The reporter inquired about several primary and secondary schools in Hedong District, Tianjin, and found that there are often many mahjong halls and billiards rooms within 500 meters of the school.
It is understood that some of these places existed before the school was built, while others were opened after the school was completed. It is worth noting that some chess rooms, mahjong rooms and billiards rooms often do not actively verify the identity information of consumers, and minors can enter and leave at will.
It is easy to lead students to get into bad habits.
Then, can chess rooms, mahjong halls and billiards rooms be opened around primary and secondary schools? Are these places "commercial entertainment places" that are not suitable for minors’ activities in the law on the protection of minors?
Through the search, the reporter noticed that many operators had asked similar questions to local government departments, and the responses from different places were not consistent.
Fu ‘an Municipal Bureau of Culture, Sports and Tourism of Fujian Province replied that according to the Regulations on the Administration of Entertainment Places, entertainment places refer to song, dance, entertainment and other places that are for profit and open to the public and consumers entertain themselves. Teahouses, bars and chess rooms belong to other service places other than entertainment places. Billiards room is not a place of entertainment.
The Education and Sports Bureau of Suzhou City, Anhui Province replied that the distance between the newly established entertainment venue and the school should not be less than 200 meters in response to the question of whether it is compliant to open a billiard room 150 meters away from the school. The distance from hospitals and institutions shall not be less than 50 meters.
Recently, the Regulations on the Prevention of Juvenile Delinquency in Guangdong Province (Revised Draft for Comment) was publicly solicited for opinions from all walks of life, including the "bottom-up" clause and other places where minors are not allowed to enter according to laws and regulations. Some people think that, according to this regulation, "places where minors are not allowed to enter" such as mahjong halls and chess rooms cannot be opened within 200 meters of the school.
Tian Xiangxia, deputy secretary-general of the Juvenile Law Research Association of Shanghai Law Society, told the reporter that although the chess room, mahjong room and billiards room do not belong to the category of entertainment places stipulated in the regulations on the management of entertainment places promulgated by the State Council, minors often go in and out of these places, which is easy to cause and produce bad behavior. Starting from implementing the basic principle that the law on the protection of minors under the superior law is most conducive to the protection of minors, Guangdong local regulations clarify the areas where the superior law is not clearly defined or vaguely defined, which is the embodiment of the rational exercise of local legislative authority.
From a practical point of view, Wang Mingyu, a lawyer of Beijing Yinghe Law Firm, said that although the law does not explicitly stipulate that chess rooms, mahjong halls, billiards halls and other places should not be located within 200 meters of primary and secondary schools and kindergartens, combined with the actual situation, there are more or less gambling behaviors in these places at present, and the composition of people entering and leaving is extremely complicated, and the quality of personnel is mixed, and smoking is not completely prohibited in the places, which is very easy to induce minors to make friends with bad social people and get involved in smoking and drinking.
"At the same time, these places often attract undesirable people to gather, causing social security problems such as fighting and even robbery, which poses a threat to the personal safety of minors. Therefore, the above places should not be opened near primary and secondary schools." Wang Mingyu said.
Relevant definitions need to be further clarified.
According to public information, Yangzhou, Jiangsu, Wenzhou, Zhejiang, Shanghai and other places have clearly stipulated that chess rooms should not be located within 200 meters of primary and secondary schools and kindergartens. Some interviewed parents suggested that there are still a large number of chess rooms, mahjong halls and billiards rooms around the school at 300 meters, 400 meters and 500 meters. It is difficult to stop the pace of minors from going. From the perspective of ensuring a good growth environment for minors, the scope of "surrounding" primary and secondary schools should be appropriately expanded, and at the same time, the supervision of minors entering and leaving these places should be strengthened.
In this regard, Wang Mingyu quite agrees. In his view, in view of the situation of minors entering and leaving these places at will, although the nature and management of chess rooms, mahjong halls, billiards rooms and other places are not clearly defined in relevant laws and regulations at present, it has become a blank area of supervision. However, these venues are open to the public for the purpose of making profits, and consumers entertain themselves. At the same time, they have the nature of indoor sports and can be identified as recreational sports business venues. We should refer to the relevant provisions of the applicable law on the protection of minors and require operators to set up signs prohibiting minors from entering or restricting them in a prominent position. If it is difficult to determine whether a minor is a minor, he shall be required to show his identity certificate.
Yu Zhiyun, a lawyer of Beijing Cube (Shenzhen) Law Firm and a senior consultant of the Education and Insurance Committee of Shenzhen Lawyers Association, believes that legislation should be further improved to clarify that chess rooms, mahjong rooms and billiards rooms should not be opened near primary and secondary schools, and those that have been opened should be closed within a time limit.
"The nature of these places is similar to that of KTV, and they should be regarded as commercial entertainment places, but the size of the venues and the consumers are different. In practice, the activities carried out in these places often have the nature of gambling, and even there are primary and secondary school students ‘ End ’ The situation of the activity. Whether it’s just onlookers or yourself ‘ End ’ It is easy for minors to develop bad habits and get infected with bad habits, which is not conducive to the growth of minors. " Yu Zhiyun said.
In addition, some experts pointed out that some of these places are set up in the basements or property rooms of residential buildings, and there are objective situations such as lack of fire-fighting facilities, emergency exits, indoor non-smoking, etc. These situations not only endanger the physical and mental health of minors, but also have hidden dangers of more injuries caused by unqualified facilities in case of fire and other emergencies. Therefore, it is necessary to strengthen supervision over the existing places around the campus, and resolutely ban those that endanger the physical and mental health of minors.
The reporter found out that many activities have been carried out in Xiangtan, Hunan, Jianyang, Sichuan, Nanjing, Jiangsu and other places to manage the chess room, mahjong hall and billiards room around primary and secondary schools, such as withholding the business license of the chess room and taking away the mahjong table, and ordering the store to relocate as soon as possible, and it is not allowed to open before it is relocated.
Tian Xiangxia believes that before the law is clear, it is necessary to balance the protection of minors and social protection in chess rooms, mahjong halls and billiards rooms that have been set up around schools, and the principle of "old methods for the elderly and new methods for newcomers" can be adopted. For relevant market entities that existed before the introduction of local regulations in Guangdong and other places, from the perspective of strengthening daily supervision and inspection, minors are strictly prohibited from entering. After the promulgation of local regulations, it is forbidden to set up new chess and card rooms, mahjong halls and billiards rooms within 200 meters around the campus, and strictly enforce the law, and shut down and punish violators.
Wang Mingyu suggested that, except that these places can’t be opened near the school, these places should be marked with minors’ restricted entry signs in a prominent position, which can refer to similar regulations for minors to play online games, such as playing for up to 2 hours on weekends. Timely guide and persuade minors to return. Establish a business ledger, indicating the information of the residents. If it is difficult to determine whether they are minors, they should be required to show their identity documents. In view of the illegal reception of minors, the relevant administrative departments should strengthen supervision, order them to make corrections within a time limit, warn them, confiscate their illegal income, and impose corresponding fines; Refuses to correct or if the circumstances are serious, it shall be ordered to suspend business for rectification or revoke its business license.
The experts interviewed believe that the revision of the regulations on the prevention of juvenile delinquency in Guangdong Province is an opportunity to clarify the "fuzzy zone" around primary and secondary schools in the form of laws and regulations, thus filling possible loopholes in supervision.
"With the rapid development of society, the forms of entertainment places and game places are becoming more and more diversified. The formulation of laws and regulations is often a step behind, and the solution can be to further clarify the definition and connotation of relevant places by laws and regulations, so as to avoid the problem of ‘ Fuzzy zone ’ Different law enforcement standards caused by different understandings have led to law enforcement disputes. " Yu Zhiyun said.
Wang Mingyu suggested that, referring to the way of soliciting opinions on the supervision of script entertainment venues, a filing system should be adopted and filed in the cultural and tourism administrative departments, so as to find out the base and prepare for the next industry supervision and compliance. Strengthen the supervision of administrative organs, and the administrative departments of culture and tourism, as the competent departments of the industry, unite with the departments of public security, market supervision, urban management and law enforcement, fire rescue, etc., clarify the specific division of labor, and implement the supervision duties of chess rooms, mahjong halls, billiards rooms and other places. Carry out special actions for outstanding problems such as unlicensed operation, further strengthen territorial responsibility, and formulate normalization plans, thus improving comprehensive supervision efficiency and governance effect.
"At the same time, family education and school education should also be taken seriously. Parents should master the correct ways and methods of education, pay attention to emotional communication with children, and establish a healthy family atmosphere. Schools should help students establish a correct outlook on life and values, strengthen mental health education, pay attention to students’ comprehensive quality training and all-round development of physical and mental health, and reduce students’ entry into such places. " Wang Mingyu said.