Due to new changes in the Beijing epidemic, the original date for the opening of primary and secondary schools on June 13, 2022 has been postponed indefinitely, once again challenging the fragile nerves of parents. Because all this means that the divine beasts still have to take online classes at home! It is believed that many parents of adolescent children have encountered such problems. Children sometimes surf the Internet, chat with others, watch anime, or chase celebrities during their online classes... When you can't bear it anymore and decide to check or confiscate their child's mobile phone or iPad, the child stands up and says that you have violated their privacy rights, violated the Minors Protection Law, and even reported a warning to you. "You spoke up to him and wished you could slap him, but you were speechless.".

First of all, let's take a look at the old "Law on the Protection of Minors" (implemented in 1991). Its Chapter II contains six articles that almost all stipulate the "obligations" of parents and their guardians, while none of them stipulates their "rights". Article 12 further stipulates responsibilities: "If parents or other guardians fail to perform their guardianship duties or infringe upon the lawful rights and interests of the minors under guardianship, they shall bear responsibilities according to law."

Regarding the protection of minors' privacy rights, Article 30 of the Law on the Protection of Minors stipulates that "no organization or individual may disclose the personal privacy of minors." Article 31 also stipulates that: "No organization or individual may conceal, destroy, or discard the letters of minors; no organization or individual may open the letters of minors unless they are inspected by a public security organ or a People's Procuratorate in accordance with the procedures prescribed by law for the purpose of pursuing a crime, or unless the letters of minors without legal capacity are opened by their parents or other guardians on their behalf."

According to the above regulations, some people believe that parents should not inquire about or understand the privacy of minors, otherwise they should bear responsibility according to law.

"Our generation of parents in the 1970s and 1980s grew up against the backdrop of the implementation of the old Minors Protection Law. Most parents have given their children more freedom and respect than any previous generation, but they are unable to grasp the regulatory standards for their children. Especially when there is a conflict between the privacy rights of minors and their guardianship rights, parents are caught in a dilemma.". When it comes to judicial practice, for example, if a child sues a parent for reading a child's letter or online chat record without permission, should the court determine whether the parent infringes the right, and how should it determine whether the parent bears the responsibility for infringement? Judicial workers are also in an awkward situation.

Many scholars believe that, from the perspective of minors, minors belong to persons with limited or no capacity for behavior, with immature physical and psychological development and weak viability. Minors' right to privacy should be restricted to a certain extent, and some privacy benefits should be transferred to enable parents to exercise guardianship and ensure the smooth growth of minors; From the perspective of guardians, the guardians of minors enjoy the right of guardianship over minors according to law, and guardians have the right to know about the daily lives, interpersonal interactions, and education of minors.

With the progress of society and the improvement of the legal system, more and more laws support and regulate the guardianship rights of parents, allowing parents to have laws to follow. Faced with children's privacy claims, they are no longer speechless.

Article 168 of the Civil Code (implemented in 2021) clearly stipulates that "parents have the right and obligation to protect and educate their minor children." Therefore, parents have the right to educate their minor children.

Article 16 of the new Law on the Protection of Minors (implemented in 2021) stipulates that parents or other guardians of minors should prevent and stop their bad behavior and illegal and criminal acts, and conduct reasonable discipline.

Article 17 of the Law on the Protection of Minors (implemented in 2021) stipulates that parents or other guardians of minors shall not allow minors to indulge in the internet and access books, newspapers, movies, radio and television programs, audio-visual products, electronic publications, and online information that are harmful or may affect their physical and mental health.

Article 63 of the Law on the Protection of Minors (implemented in 2021) stipulates that parents or other guardians of minors without civil capacity can open and check letters, diaries, emails, or other network communication content on behalf of minors; In an emergency, in order to protect the personal safety of minors, they can open and check their letters, diaries, emails, or other network communication content.

Article 71 of the Law on the Protection of Minors (implemented in 2021) stipulates that parents or other guardians of minors should strengthen guidance and supervision over their use of the Internet. Parents or other guardians of minors should avoid their exposure to network information that is harmful or may affect their physical and mental health by installing network protection software for minors on smart terminal products, selecting service modes and management functions that are suitable for minors, and reasonably arrange the time for minors to use the network to effectively prevent them from becoming addicted to the network.

From these legal provisions, it can be seen that guardians have the obligation to educate, discipline, and supervise minors under guardianship, as well as the right and obligation to learn about various aspects of the minors' growth process, in order to promptly identify problems, educate, and guide them. The privacy rights of minors cannot be used to resist the guardianship rights of parents.

Therefore, on the one hand, parents should fully respect their children's right to privacy, give them independent space and sufficient trust, and try not to pry into their children's secrets and privacy. On the other hand, they should also promptly understand their children's recent status, and find a balance between custody and their children's right to privacy. In particular, if a child has adverse behaviors such as truancy, internet addiction, smoking, drinking, gambling, etc., in order to protect the personal safety of the minor and ensure their healthy growth, parents should promptly exercise their custody rights and pay attention to the minor's correspondence, network communication information, etc.