Family education in many places can make "bringing babies according to the law" whether it can illuminate the child’s future


Family education in many places can make "bringing babies according to the law" whether it can illuminate the child’s future

In the past six months of the implementation of the Family Education Promotion Law, the people’s courts in many places have actively explored and issued a family education order in accordance with the Supreme People’s Court’s notification requirements on the Promotion of Family Education.

This innovative judicial movement reflects the conceptual changes in children’s protection? Can "bring a baby according to the law" illuminates the growth of more children? The concept of children’s protection was changed on January 6, and a mother took a ruling from the judge of the People’s Court of Tianxin District, Changsha City. This is the first home education order after the implementation of the Family Education Promotion Law on January 1. The matter originated from the dispute between the change of custody.

The court trial found that after the divorce of the husband and wife agreement in 2020, her daughter was raised by her mother. But since February 2021, children have been living with nanny. After the first trial, Peng Xing, the chief of the case of the case and the deputy president of the comprehensive trial court, realized that only one paper decided that it was not possible to maximize the benefit of children.

However, at the time, there were no effective judicial measures for the accountability of the loser parents, and the comprehensive judicial protection also lacked effective grasps.

In October 2021, the voting of the Family Education Promotion Law, Peng Xing found the legal basis for judicial initiative and effective innovation of the protection of minors. The law stipulates that during the process of handling the case, the public security organs, the People’s Procuratorate, and the People’s Court found that there were serious bad behaviors or criminal acts, or the parents of the minor or other guardians did not implement the legitimate rights and interests of the minor. For parents or other guardians, they can command the guidance of family education. Peng Xing believes that the Family Education Promotion Law and the Protection Law of the Minor allows the state judicial organs to have the basis of actively extending exploration in conventional judicial review.

After that, Peng Xing drafted a "child guardian order". Under the guidance of Hunan Provincial High Court, he was easy to make his manuscript and reported the guidance of the Supreme Law.

Family education order issued by the People’s Court of Tianxin District, Changsha City. This family education order is ordered that the mother should contact the teacher at least once a week to understand the detailed situation of the child; not allow children to live with the nanny alone, and should live with the child and raise and accompany themselves. Peng Xing remembers that when the trial was conversably, the 8 -and -a -half -year -old child had always endured tears.

She hopes that through family education orders, she will provide more help and possibilities to these children who have no power to change their parents. In fact, this judicial movement also reflects the transformation of children’s protection concepts.

"Minor cases are not only paying attention to behavior, but also people behind behaviors.

"Song Yinghui, director of the Procuratorate of the Ministerial Procuratorate of Beijing Normal University, said that family education allows family education to reflect the concept of" national intimacy ", that is, when parents make behaviors that are not conducive to their children, the state is responsible for protecting their children’s interests.

In the law, the demand for children is higher than the needs of parents and is a sign of social progress. In concentration in three situations, since the implementation of the punishment and correction of the family education promotion law, Hunan, Beijing, Jiangsu, Shandong, Henan, Inner Mongolia, Guangdong, Gansu and other people’s courts have issued a family education order.

In Beijing, as of May 12, 137 parents or other guardians had been trained or ordered to receive family education guidance. A total of 116 family education responsibility notices, reminder and family education guidance orders were issued.

As of May, the Shandong Provincial Court has handled a total of 67 cases involving family education guidance, and issued a family education order to 102 parents in accordance with the law and established 29 family education guidance stations.

It can be found that the parents and guardians of the local educational orders can be found that the parents and guardians are commanded or ordered to receive the guidance of family education. It is mainly due to the three situations: one is that parents are negligent or educated. Marriage rupture and other conditions affect the healthy growth of minor children; third, the lack of supervision of network activities of minor children.

Most of the education orders to order the guardian to actively perform their supervision responsibilities in accordance with the law, do a good job of family education for minor children, actively exercise the right to visit, actively enhance communication and emotional exchanges, and pay attention to and pay attention to children’s life, learning, and physical and mental development. A Beijing’s education order requires parents to receive family education guidance on the court’s online family education platform, learn the guidelines for the adolescent model of the main live broadcast platforms, and improve the courses of parental network literacy and children’s self -management capabilities. The "First Mutual Future" family education platform page launched by the Beijing Internet Court. Some education orders include quantitative indicators.

For example, a education order in Heilongjiang requires the defendant to visit at least once every two weeks and maintain a frequency of connection with the teacher at least once a week.

A father who was accused of playing cards and negligible discipline in Zhejiang was ordered to receive family education guidance and complete 3 online courses. Education orders in various places not only focus on punishment, but also emphasize strengthening guidance training and behavior concepts. Some education orders have not limited the guidance situation to post -to -post accountability, but adopt forward -looking and communication methods. For example, in the case of changing the raising relationship together, the mother after the divorce found that there were trauma and alarm on the marriage child.

The court found that his father had excessive punishment, and he was trained in accordance with the law and ordered him to receive family education guidance.

The court believes that the error concepts such as "sticks out of filial piety" and "not beaten" have caused excessive punishment to occur from time to time. Through judicial referees, such simple and rude ways are corrected. The legitimate rights and interests of minors will be punished in accordance with the law.

How to illuminate more children’s growth? Peng Xing introduced that after the first family education order was issued, the child was received in a new house and lived with his mother. He has improved his grades and has a cheerful personality.

From the current situation, the relevant legal obligations are fulfilled.

At present, there is no unified standard for the family education order, and some education orders are valid for one year. In this regard, Peng Xing said that changes and error correction need to be cycles, and if they can comply with obligations within one year, if they can effectively correct errors, they may form behavioral memory similar to "muscle memory", and correctly fulfill and assume corresponding responsibilities and obligations.

So, after the end of the education order is over, how to continue to ensure the effect? Peng Xing introduced that if the behavior is not completely or effectively corrected, the guardian himself and the units close to the minors may be extended; if the performance of the person refuses to perform his obligations or even intensifies, the court will depend on the severity of the circumstances, to teach, fine, and detention; constitute If a crime is criminal, criminal responsibility is investigated in accordance with the law.

Qin Shuo, head of the Youth Court of the Haidian District People’s Court of Beijing, said that family education allows family education to be limited to "one paper ruling."

Earlier, the minor trial had a judge’s return visit system; for family education orders, the court would also ask the judge to return to the visit regularly. If the responsibility was not fulfilled, it would be issued again.

Wu Yunga, a judge of the Criminal Trial Division of the Pinggu District People’s Court of Pinggu District, said, said that at present, the lack of professional support in psychological counseling is lacking in psychological counseling. In addition to legal education, families, schools, and society should work together.

The survey of the "White Paper of the China Family Education in 2021" showed that nearly 60 % of the parents interviewed said that they lacked a perfect and systematic family education method. "Chinese Children’s Development Outline (2021-2030)" proposes that 95%of urban communities and 85%of rural communities (villages) establish parental schools or family education guidance service stations. On May 10th, Guangzhou: "School School at the gate of the school" was opened, and the "school" could play family education programs. Xinhua News Agency reporter Lu Hanxin’s actual effect in some places to ensure that family education orders are achieved. Beijing Chaoyang District People’s Court and District Women’s Federation and Family Education Guidance Center jointly established the "Family Education Guidance Studio"; Beijing Miyun District People’s Court United District Women’s Federation, District Education Committee, etc. Links such as education+return to assistance "and other linkage mechanisms. Some community studios, national psychological counselors, and family education instructor have joined in and conducted guidance or formulation of specific plans for parents. Song Yinghui believes that in the long run, through strengthening management and purchasing service methods, social organizations can give full play to their advantages and "professional people do professional things."

Li Bin, a professor of sociology at Central South University, believes that improper family education behaviors are "hidden" in all corners of society, and the law really needs to establish a common regulatory mechanism for schools, communities, and society.

In addition, for key groups such as left -behind children, targeted protection and implementation mechanisms should also be established.

(Shu Jing, Xie Ying, Wu Wenzheng, Lu Chang).