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Law

Supreme Court Opinion: Reminding Care for Minors in Divorce Cases

2024-04-16   

Yesterday, the Supreme People's Court issued the "Opinions on Carrying out the Work of" Caring for Minors Reminders "in Divorce Cases Involving Minors", which aimed to prevent behaviors that affect the physical and mental health of minors in the early stage, move the focus of preventing and controlling juvenile delinquency forward, and effectively safeguard the legitimate rights and interests of minors. The Opinion clearly states that the parties involved in divorce cases should be guided to handle the relationship between marital freedom and maintaining family stability correctly, care for and care for underage children, and pay attention to the spiritual and material needs of their healthy growth. Guide the parties involved in divorce cases to enhance their sense of responsibility, fulfill their guardianship duties in accordance with the law, fully protect the legitimate rights and interests of underage children, and properly handle matters related to custody, visitation, and property with the aim of ensuring the healthy growth of underage children in divorce cases. Preventing juvenile delinquency is the main objective task of the Opinion. The Opinion clearly states that it is necessary to prevent the occurrence of neglecting or even infringing on the legitimate rights and interests of minors and harming their physical and mental health to the greatest extent in work, eliminate various negative factors that trigger juvenile delinquency, and prevent problems before they occur. To create a good, harmonious, and civilized family environment for the healthy growth of minors, and promote the formation of a good social atmosphere that cares for and cares for minors. The Opinion emphasizes the important role of cases and emphasizes the implementation of "reminders for caring for minors". It should rely on real cases to remind the parties involved in divorce cases and emphasize the legal obligations and rights of parents towards their underage children, as well as the adverse consequences of violating the law. Neither parent shall violate the principle of the most favorable to minors and compete for custody rights by seizing or hiding their children, otherwise they may bear adverse consequences; If the circumstances are serious, the people's court may impose fines or detention. If a crime is constituted, criminal responsibility will also be pursued in accordance with the law. The Opinion also points out that local people's courts can determine the content of "prompts" based on actual situations. Through various ways, such as online and offline, such as oral notification, on-site prompt reading, video playing, production and issuance of "prompt cards" or "prompt manuals", the work of "caring for minors" can be carried out at the stages of filing, mediation before litigation, trial, and implementation, and can be combined with family education guidance when necessary. (Lai Xin She)

Edit:GuoGuo Responsible editor:FangZhiYou

Source:gmw.cn

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