"Take care of children according to law" to protect the healthy growth of minors
2023-03-07
On May 11, 2022, the "Foshan Family Education Guidance Service Court Station" jointly built by Foshan Intermediate People's Court and Foshan Women's Federation of Guangdong Province was officially inaugurated and put into operation. On the opening day, the judge of the Foshan Intermediate Court issued a family education order for a criminal case involving minors. The picture shows the court hearing scene. On January 1, 2022, the Law of the People's Republic of China on the Promotion of Family Education was officially implemented, marking the beginning of a new era of "bringing children according to law" in China. This is also the first time that China has made special legislation on family education. Family education is related to the healthy growth of minors and the well-being of families. For more than a year, the people's courts have actively participated in social governance, promoted the in-depth implementation of the Family Education Promotion Law, and constantly explored new ways to form a new pattern of justice promoting the development of family education. Let "bringing children according to law" become a compulsory course for parents. At the beginning of 2023, the results of the selection of the "Top Ten Cases in 2022 to Promote the Process of Rule of Law in the New Era" were announced, and the "National First Family Education Order" was selected as a typical case. On January 6, 2022, the People's Court of Tianxin District, Changsha City, Hunan Province, heard a case of custody change dispute, and issued the first domestic family education order after the promulgation and implementation of the Family Education Promotion Law in response to the situation that the guardian was found to be in breach of duty during the handling of the case. This family education order requires that the guardian in this case should not let the 8-year-old child live alone with the nanny, but let the child live with the guardian, and raise and accompany the child by himself or his close relatives, and pay more attention to the living conditions of the guardian. "After the parents received the family education order, they corrected their previous wrong behavior. The children also liked to laugh and became sunny." To follow up the implementation of the family education order, Peng Xing, the presiding judge of the case and the deputy chief judge of the comprehensive trial court of the Tianxin District Court, will return on time every month to give corresponding guidance to the parents. Since the implementation of the Family Education Promotion Law, the people's court has adhered to the maximum protection of the legitimate rights and interests of minors in the process of handling family cases. When it finds that there is a lack of family education or improper behavior, it has made many useful explorations in improving the family living environment of minors and improving the family education ability by issuing a family education guidance order in time. "Sitting in court for questioning is only the beginning, and letting minors grow freely under the blue sky of the law is the ultimate goal." Yuan Aiping, a member of the National Committee of the Chinese People's Political Consultative Conference and the chief partner of Hunan Qiyuan Law Firm, said that a multi-sectoral linkage mechanism should be established to follow up and supervise the specific implementation effect of the family education order in a timely manner, and strengthen the daily supervision and punishment for violations after the family education order is issued, We will earnestly safeguard the legitimate rights and interests of minors in the field of family education. If parents do not perform their duties of guardianship and infringe upon the rights and interests of minors, they will not only receive "education orders" from the court, but also come to the court for "education classes". The Guilin Intermediate People's Court of Guangxi Zhuang Autonomous Region actively explored a new model of family education guidance, and adopted a three-step approach of "pre class investigation+court teaching+irregular return visit" for family education guidance. The "three-step approach" is interlinked to ensure that family education guidance takes root and is done in detail.
Edit:Ying Ying Responsible editor:Shen Chen
Source:rmfyb.chinacourt.org
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