Popularize the law into the community
When he walked into Li Ming's house again, the childish boy had already put on the uniform of the new school, "Hello Uncle Ji. Seeing that the face of the junior high school student in front of him had restored the bright and innocent smile that should be at this age, Ji Guangkai, vice president of the Juvenile Court of the Licheng District People's Court, was very pleased.
Students enter the court for a tour
Li Mingyuan was a defendant in a criminal case and a "problem juvenile" in people's eyes. After his sentence, he was unable to continue his studies at his old school. With the help of Ji Guangkai and the court, Li Ming smoothly transferred to the new school. Through the probation education of judges and his unremitting efforts, Li Ming's academic performance continued to rise. "Juvenile trial is not simply a punishment, but also to let these ignorant children find the right direction in life and restore the trajectory of normal life." Ji Guangkai said with emotion.
Popularize the law into the campus
The wisdom of the youth is the wisdom of the country, the wealth of the youth is the wealth of the country, and the strength of the youth is the strength of the country. In April this year, with the establishment of the Juvenile Court Work Office of the Supreme People's Court and the release of the Opinions on Strengthening juvenile trial work in the New Era, the Licheng District Court took the lead in establishing the city's first juvenile court in Jinan. Since the establishment of the court, it has comprehensively launched the "Hemiao Plan" of "Runhe", "Warm He", and "Fenghe", expanding new models and patterns for the protection of the rights and interests of minors. "Inject cultural strength into trials according to law, explore new ways to resolve contradictions at the source, better safeguard the legitimate rights and interests of minors, and escort minors to grow up healthily." Li Zhonglin, secretary of the party group and president of the Licheng District Court, said.
Enter the kindergarten to popularize the law
Judicial "Fenghe"
Updating the concept of adjudication ensures that the interests of minors are maximized
"Although I was very nervous and scared to attend the trial, I was able to sit with my family and feel very solid, and I felt that I had not been abandoned." On May 13, the defendant in a juvenile crime case said after attending the trial.
Previously, in the trial courtroom, the trial seat was located on the pedestal in the middle of the trial, flanked by the prosecutor's seat and the defender's seat, which were opposite each other, while the juvenile defendant sat alone opposite the presiding judge. Such a layout puts the juvenile defendant in a state of isolation, and it is inevitable that a sense of tension, fear, and depression will arise.
The Juvenile Court of the Licheng District Court uses judicial "Fenghe" to ensure that minors receive special and priority protection in accordance with law through innovation and exploration of juvenile trial work systems and mechanisms. Break the traditional layout of criminal trial seats, and adjust the seat settings of each litigation participant in the trial court. The juvenile defendant no longer sits alone opposite the presiding judge, but sits in the defender's seat, placing the juvenile defendant between the defender and the legal representative.
"This is also the first time I have encountered this kind of trial layout, and from a practical point of view, the innovation of juvenile court seats can implement the protection of juvenile mental health and education and reform." Hou Mou, the defendant's defense lawyer, sighed, "Although it is a form on the surface, it can be seen through the surface that such a way can protect the dignity of minors to the greatest extent and can be more organically combined with the policy of sealing juvenile criminal records." ”
In our country, for juvenile delinquency, we have always adhered to the principle of "education, reform, and rescue" and the principle of "education first, punishment as a supplement". Yin Shouli, president of the juvenile court of the Licheng District Court, said, "The 'seat reform' of the juvenile court not only reflects the true equality of the prosecution and defense, but also reflects the humanistic care of the law, which is conducive to the juvenile defendants opening their hearts and letting them feel the care of the state, society and the family, so as to help the juvenile defendants reform and better return to society." ”
In addition, the Juvenile Court of the Licheng District Court ensures the maximization of the protection of the interests of minors through a series of trial systems and working mechanisms suitable for the characteristics of minors, such as the introduction of judicial social workers and the preferential application of mediation.
Recently, the court concluded a case of revocation of guardianship qualifications. This case is the first case of revocation of guardianship qualifications handled by the Licheng District Court after the implementation of the Civil Code.
In September 2020, after Liu gave birth to a baby girl, he abandoned the baby girl at the scene and left alone, after which the baby girl was adopted in the Municipal Children's Welfare Institute. In August this year, the Jinan Intermediate People's Court finally sentenced Liu to 11 months in prison for abandonment. In order to protect the lawful rights and interests of the wards to the greatest extent, starting from the principle of special and priority protection for minors and the principle of the most favorable to the wards, the juvenile court, after trial, ruled to revoke Liu X's qualifications as the guardian of the abandoned baby girl, and designated the Municipal Children's Welfare Institute as the guardian of the abandoned baby girl.
Popularize the law in the community
Judicial "Runhe"
Extend the adjudication function so that the law can escort minors
The gavel fell, the dust settled on an 11-year-old girl sexual assault case, and the defendant Xu Moumou was sentenced to 8 years in prison for rape. After the verdict was pronounced, Ji Guangkai's mood could not be calmed for a long time.
In the investigation, Ji Guangkai learned that when the victim girl participated in the cram school at Xu's home, Xu had repeatedly used her hands and feet on the girl, and after the girl informed her parents, her parents rejected her with "don't talk nonsense" and "don't talk nonsense", which did not attract enough attention, which led to the tragedy. Also a father, Ji Guangkai is heartbroken by the occurrence of the case.
Through the analysis of sexual assault cases handled in recent years, Ji Guangkai found that among the cases of sexual assault of minors, primary school students and junior high school students accounted for about three-quarters of the victims, most of whom were acquaintances, and in recent years, the crimes through new channels such as online videos have increased year by year. "We have zero tolerance for crimes against minors and resolutely punish them severely in accordance with the law, but at the same time, legal education for minors, parents, and schools is also indispensable, and the law must be put into the life bags of minors, and the two-way protection of the interests of juvenile defendants and victims must be implemented."
To this end, juvenile courts have actively extended their adjudication functions, with the popularization of law education "Runhe", all-round online law popularization, multi-angle offline law popularization.
-- Open online classes, during the epidemic prevention and control period, the first online class for judges to popularize the law in the province, and open a series of lectures on judges' "cloud lecture halls" for school students to ensure that students' rule of law education does not stop.
According to the latest characteristics and dynamics of juvenile trial cases, Ji Guangkai combined trial practice and used the WeChat public account and the Douyin platform to create a series of columns on "Legal 'Kai' Talk". The short video of popularization of the law has been forwarded by media platforms at all levels for many times, and the cumulative number of plays has reached hundreds of thousands of times.
-- Students, parents, and teachers conduct rule of law education in parallel, and while doing a good job of students' rule of law classrooms, combined with the blind spots in family education and school education reflected in cases involving minors, courtrooms set up night schools for the rule of law for parents and rule of law classes for teachers, and parents' meetings are opened by judges, making rule of law education a compulsory course for teachers.
-- Create a small position for community law popularization, make full use of the "double check-in" and "litigation-free community" creation activities of party members, establish a rule of law publicity cultural square in residential areas, and regularly go to the cultural square to carry out rule of law publicity activities such as "explaining the case by case" and "the civil code is around".
Judicial "Warm Grass"
Strengthen coordination and linkage, maximize education and correction to save minors who have lost their feet
"Juvenile offenders, especially juvenile offenders, cannot be sentenced simply; For minor victims in juvenile cases, attention should also be paid to strengthening psychological counseling. Yin Shouli said that in the trial work of juvenile courts, it is necessary to conscientiously do a good job in education, reform, and rescue work to help them return to the correct track of life.
In recent years, China has established an all-round protection system around the protection of minors, including government protection, judicial protection, family protection, school protection, social protection, and network protection. The "Warm Grass" plan launched by the Juvenile Court of the Licheng District Court is aimed at adhering to the principle of "education first, punishment as a supplement", integrating the policy of "education, reform, and rescue" into daily life, and solving the new dilemma that arises in the process of minors' growth.
Introduction of professional judicial social worker services. As early as three years ago, the Licheng District Court cooperated with Shandong University to sign a contract for the "Social Work Participation in Family Juvenile Trial Service Project". The Judicial Social Work Research Center of Shandong University undertakes social work services in the family litigation procedures of the courts in Licheng District, and actively explores and practices around the work of family investigation, family mediation, social care and psychological counseling in marriage and family cases, combined with its own professional advantages. This can not only protect the legitimate rights and interests of minors, help juvenile delinquents to carry out psychological counseling, emotional management, change their erroneous cognition and behavior habits, discover their existing values and advantages, and smoothly integrate them into society, but also provide psychological counseling and support for the parties and their families, understand their material and spiritual needs, and help them quickly get out of the pain caused by family changes.
Establishment of a campus judges' station. Establish the province's first campus "judge station" in Huashan No. 3 Primary School in Licheng District, extend the "judge station" to the campus, make full use of the advantages of judges' business and mediation, actively go door-to-door to promote justice, carry out campus law popularization education, resolve internal conflicts on campus, and provide accurate and efficient judicial services for teachers and students in school. "When I grow up, I want to be a judge and put on the sacred robe." Li Zehui, a student of Huashan No. 3 Primary School in Licheng District, sighed after receiving legal education with his classmates.
Establish a rights defense center for juvenile family cases. The Joint District Procuratorate, the District Women's Federation, the Judicial social work research center of Shandong University, and the Jinan Xinliang Law Firm established the Licheng District Family Affairs juvenile case rights protection center, and all member units support and cooperate closely with each other in information sharing, legal aid, rule of law publicity, and juvenile crime prevention publicity, aiming to safeguard the legitimate rights and interests of vulnerable groups such as women, children, and the elderly.
In front of Ji Guangkai's desk, there are several photos. In the photo, some of him were tied with red scarves by students; Some were surrounded by students, leaning on their small faces, and listened carefully to his story of popularizing the law. "The innocent and innocent smiling faces infect me all the time and inspire me." For the sake of these smiling faces, our juvenile court will spare no effort..." (The parties in the article are pseudonyms) (Wen/Tuben reporter Hou Yue)