反思中国大陆的未成年人保护及其易现象

作者简介：黄达飞，云南大学2010级世界史硕士研究生，云南大学欧洲研究中心成员，曾参与云南大学历史学重点学科课题《兰那史》的校对工作以及《清迈编年》第八章的翻译。

摘 要：2011年11月初，上海警方破获一起涉及未成年人易的案件，其中涉案人员主要是16岁以下来自职业学校的未成年少女。本文主要从未成年人思想道德建设、家庭、社会、学校教育、政府相关部门以及完善未成年人法律等方面探讨这次事件中反映的各种问题和需要各责任方改进未成年人保护方式的地方。

关键词：未成年人；易

Abstract：In early November 2011, Shanghai police uncovered a prostitution case which involved teenage girls who were under 16 years old from secondary vocational schools. This article explore various problems revealed in this case as well as the urgent improvement in protecting juvenile from responsibility holders in perspectives of juvenile moral construction, family, society, school education, relevant government sections and advancing juvenile laws.

Key Words：juvenile; sex transaction

The intension of this paper aims to discover the reasons behind a juvenile delinquency event happened recently in mainland China. Why were these teenage girls willing to make money by having sex relationship to adults? Is money the single reason for them to be involved in sex transaction? What accountabilities do their family, school and administrative agencies of government have on these teenagers? What role should the society play when this phenomenon caused great influences? What lessons do we learn? And what measures should be taken to protect particularly teenage girls by advancing our youth law or policy? This is what I going to discuss in the following sections.

Events background and media cover:

In early November 2011, Shanghai police uncovered a major prostitution case which involved more than 20 teenage girls who took part in prostitution and introduced it to their classmates. Many of them were secondary vocational students or from high schools, among whom there were two girls under 14. Three of the suspects, believed to be starters of the "teenage girl prostitution ring," are facing charges with offering sex services and inducing classmates and friends to enter the business, Zhabei District prosecutors said. 1When it was exposed, there was a great deal of publicity surrounding this event from Chinese major news agencies. According to Chinese media’s reports, there were apparent evidences showing that this affair had relation to organized prostitution crime. But this type of affairs was not the first time happened in mainland China. Back in 2005, Liangshen Evening Paper reported that there was a chat room on the Internet which involved sex trade in Shenyang. After the room was smashed by the police, the reporter discovered that many in-school girls were its members, and one girl told the reporter she did sex-work only for living expenses. And due to the legal gaps, “the administrator”――the chief culprit could not be arrested because no one knew any information of him and everything was done by the Internet. Moreover, the police can hardly trace the chief culprit and current laws can not clearly define the crime of organizing prostitution.2

Reason finding:

In this case, my analysis will examine (1) the sexual construction of the self of teenagers which was greatly affected by China’s open, modernized society culture and Japan’s exotic culture; (2) the absence of right and teenager-based guidance and supervision from family, school and government regulators; (3) the improvement in youth policies or laws.

Shanghai is the biggest and the most modernized city in mainland China, the information of external world can be accessible easily by its city dwellers including teenagers. In contrast to the fast city development and increasingly sexual openness, sex education in Chinese schools is relatively lagging, a large number of teenagers have few knowledge about sex from their parents or school but mainly from the Internet. According to a survey sponsored by WHO done by Shanghai institute of birth control, more than 20% high school students had visited pornographic websites, 80% of them was out of curiosity while 22% was for sexual need.3 To some of them, talking about sex experience is a show-off of muscularity and the Internet, pornographic disc become their own way to contact sex and accelerate their precocious puberty. I believe that teenagers living in such a half-closed environment made by family and school while open to a fascinating world filled by stars, fashion shows and inducing advertisements at the same time surely have no resistance to the outside world’s temptations. Besides, the cultural invasion of Japan can not be dismissed in the development of teenagers. A survey done in 2007 which covered students from Beijing, Shanghai, Tianjing and Kumming revealed that about 43% of middle school students had great interesting in animation and comics.4 But the popularity of Japan’s animation and comics can’t hide their existing problems to teenagers, “adult comics in harmful context have wide distribution channels and are easy to be obtained. There are a large number of teenagers in Japan and other East Asian countries readingcomics”.5 The loose restriction of publication, the pursuing for profit and the violent use of commercial hype are the main external reasons for why so many teenagers immersing in readingcomics. As the Internet becomes increasingly popular and network culture flourishing, a growing number of teenagers get in touch with the Internet either by computer or by mobile phone, but because most teenagers are immature physically and mentally, their resistance to negative information about sexually suggestion or pornographic videos is vulnerable. In one word, Japan’s comics and movie products have greatly affected on the teenagers in East Asia, especially mainland China, Hong Kong and Taiwan. Therefore, we must attach much attention to avoid their negative effects to teenagers with the helps from parents, school and government policy-makers.

In this case, these suspect girls didn’t show any shame of doing sex-services. Earning money to go shopping was a common reply to the reporter. To them, the pocket money given by their family was far from enough to buy brand package, fine clothes and expensive cosmetics. Apparently, the lack of warmth from family and the reluctance of parents are the vital incentives of these girls to find improper fulfillment, enjoyment. Most of the teenagers involved were from the secondary vocational schools. The behavior problems there were higher than in common middle school in proportion. 6And it has significant relations to the family’s background and economic condition. “That is because parents with lower education have more difficulties to arrange their children both in study and psychology. Therefore, they are willing to send their children to secondary vocational schools to obtain professional skills for their future employment”.7 Besides, the spoiling and abusing of parents contribute to their frequency of teenager behavior problems. When we talk about school’s supervision, there are some survey data that drew our attention. As a survey which samples were collected in vocational schools of Yantai, Shangdong suggests, nearly all the sample students have behavior problems, 30% was too intimate to the opposite sex, 48.5% was addicted to the Internet and 21% has connection with drugs and pornography.8 Also, students’ behavior problems are connected with school’s undeveloped daily education, such as the neglect of the courses most needed by students, unscientific evaluation system and some teachers’ wrong coaching. What’s more, this survey found out that boys and girls gender dramatically differ in trouble behavior, boys tending to be explicit while girls inclining to be implicit. In this sense, in this kind of schools master, tends to consider teenager boys as the primary objects. Therefore, more focuses and tutors for teenager girls are needed urgently there.

About juvenile law:

In view of youth law, under article 36 of Shanghai Juvenile Law, the television, press and publication, information administration department should work out suitable creations and issuance plans for the minors in book, newspaper, television, audio-visual products and computer software industry. Publishing administration departments should work together with the education administrative department to apply tighter regulations for publication and distribution of primary and secondary teaching materials. Cultural inspective organizations should strengthen supervision on books, newspapers, television programs, audio and video products, computer software and other cultural products in market, investigate the spiritual and cultural products that may harm the physical and mental health of the minors. 9 In these articles, no regulations on the Internet and mobile phone are mentioned. And at the same time, the words “suitable creations”, “tighter regulations”, “strengthen supervision” are far from clear and many flaws are left to lawbreakers to take advantage. What crime should it defined if a cyber criminal organizes a group of teenage girls to provide prostitution services? What regulation should be followed when a judge sentencing a criminal behavior such as a teenager girl organizing her classmates to do sex transaction? While Under article 34 of the law of the People’s Republic of China on the Prevention of Juvenile Delinquency, conducting fornication, eroticism and prostitution is listed as a serious adverse act, “a minor who commits seriously adverse acts as prescribed in this Law, his parent or other guardian and the school shall cooperate with each other, take measures to vigorously control and educate him or send him to a correctional work study school for correction, cure and reeducation”.10 At one hand, government’s prevention and afterward role in juvenile delinquency is still missing on this article; at the other hand, no civil organizations or public groups are involved in helping these lawbreaking teenagers. Obviously, the educating and supervision powers from family, school and government fail to achieve the desired purposes of juvenile delinquency laws and local prevention regulations. Social worker, civil organization and public groups’ forces are the possible assistances in helping teenagers that need to be considered carefully in the future.

Practical solutions:

As this case stands, I advise practical solutions from legal, school management and civil assistance perspectives. First of all, the law on the protection of juvenile delinquency and network criminal legislation need to be revised by more comprehensive regulations which conform to the times. Any use of the Internet or mobile phone to seduce teenagers to commit prostitution should be under the supervision of Internet police. But at the same time Internet police’s watch and control must be severely restricted so that citizen’s privacy can be legally protected with moderate censorship. The original punitive regulations should be replaced by mandatory social services to avoid adverse impact on teenager’s life development. Next, the standards of school management must be raised; more psychological consulting rooms should be set up since most of the educational schools in China are in boarding system. Teachers and school administrators need to be equipped with more advanced education method on teenagers. Local normal colleges’ regular classes or lectures on teachers are required for the purpose of rational, non-discriminated and harmonious teaching. Finally, the consulting therapy and behavior modification need the involvement both from civil organization and street community affair office. Due to historical reason, non-governmental organizations have not been playing crucial part in the People’s Republic of China. However, as China stepping into a modernized and diverse country, it’s time to have NGO’s company to take effect in stabilizing the society as lubricants. Volunteers and social workers should be given more understanding and administrative support from the government so as to be another guardian besides teenager’s family and school.

Final words:

In the above discussion, we have seen what factors contributed to teenager girls’ involvement in prostitution, how these girls became not respected and overlooked by their family and schools, what measures can we take to make sure such harmful case smashed and rightly directed by joint effort not only from household, community, school, government but also from a force to reckoned-NGOs. “Teenagers have suffered immense restrictions and repressions in relation to their entry and activity in public space“.11 As a result, Teenagers’ protection takes combined and coordinated efforts from all responsibility-holders to rearrange our obsolete ideas about them, to revise laws to defend their rights, to introduce social forces into teenagers-caring project, to renew teachers, schools’ education method, to show parents’ love and consideration because what benefits at last are our country and our people’s future.（作者单位：云南大学）

参考文献：

［1］ 刘臣君，《沈阳出现“”，女大学生羞羞答答卖春》，辽沈晚报［N］，2005年6月7日；

［2］ 楼超华、赵泉、高尔生，《青少年通过因特网获取相关性知识现状调查》，中国公共卫生［J］，2005年9月第21卷第9期；

［3］ 董小苹、王丛彦，《青少年动漫爱好现状调查》，当代青年研究［J］，2008年第9期；

［4］ 李常庆，《日本动漫产业与动漫文化研究》［M］，北京：北京大学出版社，2011年；

［5］ 林向英、韦小满、郑惠勇，《中等职业学校学生问题行为现状调查与分析》［J］，2005年第7期

英文参考文献：

［1］ ，Shanghai Daily［N］，November 7, 2011；

［2］ , date issued: November 25, 2004, effective date: March 1, 2005. Chinese edition can be found at: www.shanghailaw.省略/fzbChinese/infodb/shLaws.jsp ；

［3］ , date issued: June 28, 1998, effective date: November 1, 1999, English edition can be found at: www.省略/display.aspx?id=4852&lib=law；

［4］ , The International Conference on “Teenage Girls Sexualities and Sex Work in East Asia”, held by Yonsei University, Korea on Nov.2, 2001.