Should parents Be Held criminally liable for Health and Safety Failures Harming their children?

A proposal appealing for harsher punishment legislation for negligent parents and guardians has provoked a long and heated online debate in china.

during the 2017 sessions of the National Peoples congress and the National committee of the chinese Peoples Political consultative conference （cPPcc）， li you and 12 other members of the cPPcc National committee proposed that parents and guardians who cause bodily harm or death to a child as a result of negligence should be punished by the criminal law.

the recent accidents involving children have made this proposal a bone of contention. early this year， the deaths of two children who fell from the arms of a parent on the fourth floor of a shopping mall in north chinas tianjin Municipality caused a stir among the public about the negligence of parents who fail to keep their children safe in public places. this was exasperated by the death of a little boy who drowned in a swimming pool in west chinas shaanxi Province while his mother was using her smartphone.

According to the proposal， around 100，000 children died from accidents in china annually in the past years. Given the serious nature of the situation， some support the proposal， believing it will urge parents to better perform their duties of guardianship. others maintain that this kind of harsh punishment adds insult to injury by imposing criminal sanctions on parents who are grieving for the loss of their children. Rather than legislation， it is more practical and meaningful to put in place more stringent measures to protect children in public spaces and educate parents on what precautionary methods they can adopt to prevent such tragedies.

Pro

He Yong Media commentator

As long as children continue to be the victims of injury and death at the hands of parents or guardians who fail to take good care of minors， punishment by law for negligence should be brought forward. In many cases， parents who have lost their children are seen as victims of a tragedy and thus naturally escape legal liability， and instead receive sympathy from the public.

Therefore， for example， in the case where a child suffocated in a car unattended by a responsible adult - if the situation was caused by the negligence of parents， they would bear no liability. However， if the fault lay with a teacher or school bus driver， they would have to serve jail time as well as make indemnity payments. Such benevolence actually worsens the situation， undercutting a sense of parental responsibility or vigilance against everyday dangers.

The attitude of a nation toward children determines the future. Any infringement on a childs right to live under the proper care and guidance of a responsible adult， no matter by whom， should be punished with zero tolerance. When parents or guardians fail to fulfill their duties， the law should not respond with mercy but punishment.

It is not adding insult to injury but better protecting minors from harm by forcing parents to be extra vigilant against dangers. Besides criminal punishment， the government should also launch campaigns to help young parents learn about child safety and how to take precautions.

CON

Wei Wenbiao Nanguo Morning Post

In fact， parents take care of children because of love and a sense of responsibility rather than fear of being punished by the law. Even without the proposal， they will spare no efforts to fulfill such responsibilities and protect their children from harm. Therefore， there is no need to punish parents who suffer from the loss of children due to their negligence by the Criminal Law.

It is the parents that suffer most when a child gets hurt. Punishing heart-stricken parents or guardians is just adding insult to injury， leaving injured children or other children in the family without a parent. In my opinion， to prevent unintentional injuries among children， it is more important to improve safety facilities in public places and teach the public how to protect children from accidents so that parents can prejudge a dangerous situation and take precautions.

CON

Zheng Zhiyin Lawyer

I dont 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. Its true that laws in some other countries are very strict in this respect. But harsh penalties are the wrong remedy to apply to Chinas 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.

Pro

Lian Hongyang Media commentator

The sooner negligent parents that cause children injury or death are sanctioned by the Criminal Law， the better protection children will have. Legislation fails to respond to the alarming facts that an increasingly great number of children are the victims of injury or death due to parental negligence. Traditionally， parenting has been regarded as a private domestic affair. Even if parents fail to do their job and cause their children harm， people believe that the public can only sympathize. This is wrong.

I think negligent parents should be held criminally liable， as the purpose of the law is not only to punish criminals， but also to educate the public. Aware of explicit guidance by the law， people will naturally become more careful and in turn make better decisions， thus better perform their duties and obligations. In some countries， the law even forbids parents to leave minors unattended at home， not mentioning causing injury or death to a minor， even if done involuntarily.

PrO

Wang Zhenyan Nanfang Daily

It is so poignant to talk about such a topic as no one deserves to be the subject of such a tragedy. However， the number of children who have been injured or died in accidents is quite big. In most cases these injuries or deaths were the result of a parents negligence.

Not holding parents criminally liable goes against the principles of the rule of law and protecting minors. When parents carelessness become a major killer of children， we cannot continue to turn a blind 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 dont give due attention to a childs 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.

CON

Ge Yi Zhongshan Daily

If parents went to jail， who should take care of the injured child？ Every child has two protectors， one is the guardians and the other is the government. Both family and government protections are in place for the wellbeing of children. Parents help children grow and the government protects childrens 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.