Cover reporter Chen Yuanyang
Due to the lack of discipline of his parents, the minor Xiao Peng (pseudonym) befriended a bad person in society, and was later invited by a friend to participate in the crime of robbery. On January 20, the cover news reporter learned from the Sichuan Lezhi County People's Procuratorate that in view of XiaoPeng's actual situation, the court recently issued a "Supervision and Guardianship Order" to Xiaopeng's guardian, urging him to effectively perform his guardianship duties and help the child return to the right path and grow up healthily. This is also the first "Supervision and Guardianship Order" issued by Ziyang City.
According to the relevant person in charge of the Lezhi County People's Procuratorate, Xiao Peng's situation was discovered in the handling of a criminal case involving minors, and the reason why he embarked on the road of crime has a lot to do with his parents' failure to perform guardianship duties in accordance with the law.
It is understood that Xiaopeng has been cared for by his grandparents since childhood, and his parents have been working outside the home for a long time, and they usually lack communication with their children and neglect management education. After graduating from Xiaopeng Vocational High School, although he went to the place where his parents worked to live with their parents, his parents' education methods were not good, and the parent-child relationship became more and more distant. During this period, XiaoPeng developed bad habits such as smoking and made friends with bad people in society. Eventually, after a conflict with his mother, Xiao Peng gambled and left home and was invited by a friend to participate in the robbery.
In order to strengthen family education responsibilities and build a "defense line" for family protection, the Lezhi County People's Procuratorate issued a "Supervision and Guardianship Order" to XiaoPeng's guardians in accordance with the law, and announced and delivered them through remote video links, urging their parents to strengthen discipline and care, enhance communication and exchanges with Xiaopeng, establish a good parent-child relationship, and teach Xiaopeng to abide by discipline and law.
"At present, through family education and guidance for Xiaopeng's parents and psychological counseling for Xiaopeng, Xiaopeng and his parents have opened their hearts to each other, and the parent-child relationship has been significantly improved." The person in charge said that in the next step, the Lezhi County People's Procuratorate will continue to do a good job of follow-up supervision, fully understand the implementation of the supervision and supervision order, and effectively help minors grow up healthily.
Under what circumstances will the procuratorate issue a Guardianship Order? The materials show that where in the course of handling cases involving minors, the juvenile procuratorial departments of people's procuratorates at all levels discover that minors' parents or other guardians have not lawfully performed guardianship duties or infringed upon minors' lawful rights and interests, they shall give them a reprimand in accordance with law, and may urge them in writing to perform guardianship duties in accordance with law.
Among them, in conjunction with case handling, focus on discovering and promoting the resolution of juvenile delinquency or criminal harm caused by guardians not performing guardianship duties in accordance with law; failure to promptly prevent, discipline, and stop juvenile bad conduct and illegal and criminal conduct; failure to actively assist and cooperate in the correction and education of juveniles involved in crimes; and other failure to perform their duties of raising, educating, and protecting minors in accordance with law, seriously affecting the healthy growth of minors or the protection of lawful rights and interests.
After the issuance of the Guardianship Order, what penalties will the guardian face if he still fails to perform his obligations? Articles 19, 49, and 62 of the Law of the People's Republic of China on the Prevention of Juvenile Delinquency provide that where a guardian fails to perform his guardianship duties in accordance with law, refuses to perform or neglects to perform the obligation of a "supervision and guardianship order", allows a minor to have serious negative conduct, or infringes upon the lawful rights and interests of minors, the guardian's unit or neighborhood committee, villagers' committee, or police station shall admonish or stop it in accordance with law; Pursue criminal responsibility in accordance with law.
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