Behind the country's first family education order: "bring a baby according to law", how to bring it?

Recently, the Tianxin District People's Court in Changsha City, Hunan Province, heard a custody change dispute case, and the plaintiff was the ex-husband of the defendant. Because the child lived alone with the nanny for a long time, the mother as a guardian received the first family education order in the country after the family education promotion law of the People's Republic of China came into effect.

What exactly is going on in this case? Through the "Family Education Promotion Law" that has just been implemented, what issues should we pay attention to and explore?

Changsha issued the country's first family education order

"I will give her more love and more care." Ms. Chen, who heard the verdict, took over the Family Education Order from the judge. What kind of case is behind this? Why is it illegal to throw the child to the nanny? Let's find out

How to understand the meaning and function of the word "ling"?

Zhou Dan, President of the Tianxin District Court in Changsha City, Hunan Province: The Family Education Order is a judicial order with coercive force issued by the people's court, which is a kind of order. I think the Family Education Order has 3 functions. Standardize functions. If the relevant obligor does not fulfill the relevant obligations, then the education order will tell what to do, how to do it, and play a normative role; If the obligor does not act and perform in accordance with the relevant provisions of the Family Education Order, it will bear adverse legal consequences. May be subject to reprimands, fines, detention and other coercive measures, and if it constitutes a crime, even criminal responsibility will be pursued; In addition to the parties to the case, the "Family Education Order" is made public through the media, and the parents and guardians of the whole country know what the "Family Education Order" stipulates, so that the "Family Education Order" can be used as a mirror, which can be taken to take a picture of whether their own behavior is the same as that of the parties in this case, and whether they need to be further corrected in accordance with the Family Education Order.

Why do parents receive the Family Education Order?

Zhou Dan, president of the Tianxin District Court in Changsha City, Hunan Province: The various manifestations of parents' neglect to perform their maintenance obligations and assume guardianship duties are an important reference for us to issue the Family Education Order, but what I want to mention more is the impact on the children's physical and mental health. Taking this case as an example, during the trial of this case, our judge and the child's full-day teacher and school teacher have communicated with each other, and the judge has also interviewed the children face to face, giving us the first impression that the third grade of primary school is not yet 9 years old, but the rebelliousness reflected in her may be stronger than the rebelliousness of a teenager in adolescence. From this point of view, we feel that this behavior of parents may have caused substantial harm to the physical and mental health and character development of children, causing a very negative negative impact, so we consider issuing this "Family Education Order".

What was wrong with the father in this case?

Zhou Dan, president of the Tianxin District Court in Changsha City, Hunan Province: In this case, the mother did not perform her duties, and the father was not a qualified father. When we say "nurturing", we actually have two aspects, one is "nurturing" and the other is "nurturing". "Raising" is the most basic food and clothing conditions for children, and "education" is to cultivate the child's physical and mental health and personality development. According to what we know, the child's father's place of residence is very close to the child's current place of residence, but the child has been handed over to the nanny or for a long time, and the child's father only visits once a week or even two weeks. I think that the father in this case should also reflect on whether he has assumed the obligations of a father in light of the relevant contents of the Family Education Order.

How to view Changsha issued the country's first family education order

Tong Xiaojun, director of the Research Center for Children and Adolescents at the School of Sociology of China University of Social Sciences: First of all, I am very happy. Because the laws of any country are introduced in response to the problems in reality, it is hoped that through promulgation and implementation, it is necessary to provide solutions to problems. The promulgation of the country's first family education order is actually a demonstration for everyone, that is, what kind of problems have arisen in family education, and what role can our laws play? What is the form? We say that a law can only show majesty or function if it is implemented and enforced.

The promulgation of this family education order has also brought more expectations. In fact, in addition to the instructions of the law, I think that problems in parents' family education can also be intervened in advance. In the family in this case, the child's guardian, that is, the mother, has experienced divorce, moving, remarriage and many other things, and the child has also seen the struggle of his parents' life in the process, and then remarried with his mother, and later lived alone with the nanny. If in this process, some work can be moved forward, giving the mother and child care and support, if the challenges and problems of the family in the early stage are better solved, effective intervention is carried out in a gentler and more private way, and the problem does not go to the last step of the law, it is a more expected result.

Is the Family Education Promotion Act a suggestive law or does it have sharp "teeth"?

Tong Xiaojun, director of the Children's Research Center of the School of Sociology, China University of Social Sciences: I think there are both, and more should be the former. Family education, more often there is family autonomy, that is to say, in each family, parents have their own personality and parenting habits, no matter what form, as long as it is conducive to the growth of children is good, we should also respect the uniqueness of each family's own parenting. At the same time, we can also assume that if all families are theoretically because parents love each other, have children, and naturally like and love children, but parents do not necessarily know how to educate children, then the Family Education Promotion Law can provide parents and families with more care, love and guidance. The so-called "teeth" is that when parents intentionally or unintentionally harm their children, the state has the right and responsibility to intervene.

Source: CCTV news client