Article 20 of the "Law on the Protection of Minors"

Article 20 Schools shall cooperate with the parents or other guardians of underage students to ensure that underage students have time for sleep, entertainment and physical exercise, and shall not increase their study burden.

Article 20 has clearly protected the right to rest and entertainment as a basic right of minors, but there are also some problems. First, law enforcement agencies are unclear. The question of which department will punish schools and parents for illegal acts that infringe on minors’ rights to rest and entertainment remains unresolved. Second, there are no clear penalties for infringement of minors’ rights to rest and entertainment. "Do not aggravate their studies" is obviously a prohibitive norm, but no punishment can be found for violating this prohibitive norm. Third, the Law on the Protection of Minors stipulates the responsibilities of schools and parents in protecting the rights of minors to rest and entertainment, but it does not clearly establish an effective assessment and supervision mechanism for the performance of their duties. Because it is too principled but lacks operability and enforcement, in order to make this law truly effective, it is necessary to formulate implementation details and refine it to solve its operational problems. For example, on December 30, 2006, the "Jiangsu Province Primary and Secondary School Management Standards" was promulgated, which was the country's first normative school management document. Students' time for physical activities in school, total amount of school activities, and homework amount were Quantify one by one.

According to the provisions of our country's laws, when parents serve as guardians of minors, they also obtain the status of their legal representatives. In judicial practice, the most infringers of the right to rest and entertainment are the parents themselves. In this case, if the parents are still the legal representatives, how can they apply for legal action on behalf of the minor to sue themselves? In view of this, the author believes that: for cases in which guardians infringe on minors’ right to rest and entertainment, minors can directly apply for legal aid; or other legal representatives, minors protection committees or neighborhood committees, village committees, women’s federations, disabled persons Social organizations such as the People's Federation and their relatives, neighbors, etc. can also apply for legal aid on their behalf; the public security department can also directly apply for legal aid on behalf of minors.

The school subjectively wants to enrich the entertainment projects for minors, but the school is worried that minors will be in danger if they go out and cannot take responsibility. It is safest to stay in school. When a student is injured in an accident, Japan has legal provisions that if the school is not at fault, the injured person will be compensated by insurance managed by the state. This solves the school's worries and few people hold the school accountable. The Ministry of Education of my country issued a similar "Measures for Handling Student Injury Accidents" in 2002. The original intention was correct, but it was not a law but a departmental regulation. More importantly, it did not have supporting national insurance or compensation measures, so it could not fundamentally solve the problem. Solve the school’s worries.

By popularizing legal knowledge, schools and teachers can establish the concept of respecting students' rights to rest and entertainment, strive to avoid the occurrence of infringements, and overcome the influence of habitual thinking when formulating systems and management. This might as well start with respecting students’ right to take breaks between classes. Although the ten minutes between classes are short, they are very precious. It can regulate students' body and mind, which is conducive to students' success in the next class and the teacher's teaching in the next class. Not depriving students of their rest time not only reflects teachers' respect for students' rights to rest and entertainment, but also reflects teachers' mutual cooperation in teaching. Problems such as large teaching content, tight teaching time, and large classroom capacity can be solved by improving the quality of pre-class preparation and the ability to control the lecture process.

Through education, guardians of minors should know that rest and entertainment are an important right of minors and should be respected. Those who infringe on minors' right to rest and entertainment should bear legal responsibility. Children's autonomy in rest and entertainment should be respected. People have different psychological characteristics at different ages. Do not use adult eyes to regulate minors' rest and entertainment methods. You should consider minors' cognitive level, life experience, aesthetic ability and other aspects. Also respect the interests of minors. Some people like reading, some prefer computers; some love football, and some focus on piano. There is no need to insist on consistency. In addition, too many "forbidden zones" should not be set up for minors. The key lies in guidance, guiding him how to absorb useful nutrients, guiding him how to deal with the relationship with daily study, and guiding him how to gradually improve his entertainment taste, rather than Hard stuffing, hard jamming.

This clause of Article 20 places the main body of legal responsibility on the school and the parents of underage students. Frankly speaking, this is unjust and ultimately rooted in the shortcomings of our country's education system. This situation can be cured only by the education authorities formulating practical measures. At present, the reform of the education system should start from the following aspects:

First, changing the concept of education is fundamental. The basis of education should be: for everyone. It is not for the development of students or teachers, but for people. Education should not only pay attention to students and teachers, but also pay attention to all people and help all people in society develop. The most basic concept of education is to teach students something useful for life. Textbooks are useful for children, but they are not life-long. It is wrong to judge heroes by success or failure, by gold medals, and by university names. Teach students something that will be truly useful throughout their lives. Let students have a truly brilliant tomorrow, not just a brilliant today.

Second, reform the examination system and continue to promote the transformation from exam-oriented education to quality education; third, reform the evaluation system for schools and teachers. A school cannot be judged solely on its enrollment rate and test scores. Or a teacher, we must comprehensively consider many aspects to make education achieve the purpose of truly teaching and educating people.