Parents enter the era of "bringing babies according to law" A new law guides family education

The home is the smallest country, and the country is tens of millions. The Spring Festival is a beautiful time for thousands of families to reunite and share the heavens, and it is also an important moment for the inheritance of family style. In 2022, the Family Education Promotion Law came into effect, guiding the whole society to pay attention to the family, tutoring, and family style, and improving family happiness and social harmony.

Some people say that the home wind is like spring rain, the moisturizer is silent, and the new law is also infecting the small family of every Lide tree person. Now that it is the Spring Festival and the children's winter vacation, how do you accompany the baby with the baby? Today, we will take everyone's questions and interview experts in various fields to discuss and study this new law.

"Bring a baby according to law" First of all, clarify the responsibility of parents

The word "law" in the Internet hot word "bringing a baby according to law" refers to the "Family Education Promotion Law of the People's Republic of China", which has been officially implemented since January 1, 2022, which is also the first time that the mainland has carried out special legislation on family education.

So what kind of law is this? In the view of legal experts, the law first clarifies the responsibilities of parents, reflecting that the family is the main body of family education.

Shi Jiayou, professor at the Law School of Chinese Min University: The law clearly states that the family is the child's first classroom, and parents are the child's first teachers, and the guiding ideology of the legislation is very clear.

Family education is the beginning of education, which is related to the healthy growth of minors and the happiness and tranquility of families. Therefore, the law also proposes that the family education of children is the unshirkable duty of parents and guardians. However, parents will inevitably have doubts about whether they will become alone. The Family Education Promotion Law also clearly gives the direction, that is, family education is not just a matter for parents.

Tong Lihua, president of the Juvenile Law Research Association of the Beijing Municipal Law Society: Family education is not only a matter for parents, but also for the state and the government, which emphasizes that family education should be included in the public service system and included in the government's public service system in the future, and the government should have special planning, to come up with money, to buy services to buy services, and someone must carry out this work, including to incubate some non-profit social organizations of the family education category, and also emphasize the participation of such professional social organizations.

Establish a Correct Family Style The Family Education Promotion Law points out the direction

In addition to who will teach, the Family Education Promotion Law also points out the direction for what to teach and how to teach. Open the "Family Education Promotion Law", let's read the law together:

Article 16 of the Family Education Promotion Law stipulates that parents should cultivate minors' sense of the Chinese national community and feelings of home and country, good social morality, family virtues and personal morality, the spirit of scientific exploration and innovation, good learning habits and behavior habits, self-protection awareness and ability, and the concept of loving labor.

In the view of legal experts, family education must first establish a correct family style and take the cultivation of virtue as the fundamental task.

Zhu Wei, professor of the Law School of China University of Political Science and Law: In the process of educating children, as parents, we should say that our excellent cultural traditions should be included in the comprehensive integration of our children's education process.

Shi Jiayou, professor of the law school of Chinese Min University: All this requires us to use correct thinking, and the first child here establishes a correct outlook on life, career, and morality, which are very important, so that he can understand the minimum right and wrong. The law itself clearly stipulates that it is necessary to establish a correct family style in family education, and it is very important to strengthen the construction of family style, and parents should educate minors with correct thinking methods and actions.

Implement the "double reduction" How to improve home-school collaboration

In the Family Education Promotion Law, the relevant legal provisions also echo the "double reduction" policy. In the first long holiday after the gradual landing of this "double reduction" measures, how are you going to take the baby? What confusion do you have and what kind of help do you want?

In the face of parents' confusion and anxiety, regarding what help they can get, legal experts pointed out that the implementation of the Family Education Promotion Law not only guides parents to educate their children in accordance with the provisions of the law from the legal level, but also has a very important aspect of guiding the whole society to pay attention to and participate in the overall and healthy growth of minors.

First of all, the Family Education Promotion Law puts forward legal requirements for primary and secondary schools and kindergartens. Open the "Family Education Promotion Law", let's read the law together:

Article 39 of the Family Education Promotion Law stipulates that primary and secondary schools and kindergartens shall include family education guidance services in their work plans and make them the content of teachers' professional training.

Zhang Ying, deputy principal of Beijing Huangchenggen Primary School: We have also conducted in-depth training for teachers in schools, how to improve the quality of classroom teaching of teachers, can reduce the burden of students in learning, many excessive including repetitive homework we will not appear. This reduces some of the burden on parents, and more time is left for parents to read with this kind of parent-child companionship.

Classroom teachers who get along with children day and night every day believe that in addition to doing a good job in school education, they should take the initiative to find problems from children's performance and behavior, be a bridge between children and parents, and guide and help parents to better complete family education work.

Shi Jingyu, a teacher at Huangchenggen Primary School in Beijing: I remember that the mother of a child who used to teach was a doctor, and sometimes (the child's mother) would be on night shift, and the child might not see the parents for several days in a row. This also affects the child's mood the next day, which can actually be seen. I would temporarily play the role of mother during the day, maybe closer to him, and would put an arm around him and hug him. I will communicate with parents to make them realize that I may be neglecting their children a lot during this time.

In addition to incorporating family education into work plans, the Family Education Promotion Law also puts forward more requirements for primary and secondary schools and kindergartens. Open the "Family Education Promotion Law", let's read the law together:

Article 41 of the Family Education Promotion Law stipulates that primary and secondary schools and kindergartens shall, according to the needs of parents, invite relevant personnel to impart family education concepts, knowledge and methods, organize and carry out family education guidance services and practical activities, and promote joint education between families and schools.

Fu Lihong, teacher of Huangchenggen Primary School in Beijing: We often have some parent salons, invite parents to come to the school, the school listens to the voice of parents, to understand the needs of parents in a timely manner, the confusion of parents, and then the school can ask experts in a targeted manner to ask our front-line teachers to explain to parents.

At Baohua Primary School in Tianqiao District, Jinan, Shandong Province, a family education salon for students is underway to let parents know how to make their children find happiness in participating in housework.

Wang Xue, family education guidance teacher of Baohua Primary School in Tianqiao District, Jinan City: For example, children have not tried to brush bowls before, parents will worry that children will break the fragile bowls, it does not matter, we must give children a chance, but also let them experience the fun brought by new labor tasks.

Correction of Guardianship Dereliction of Duty The first Family Education Order contains strong content

In addition to parents and schools, the landing of the Family Education Promotion Law also emphasizes social coordination and legal responsibility. In other words, the government and social institutions need to assume their respective responsibilities for family education.

On January 6 this year, the Tianxin District People's Court in Changsha City, Hunan Province, heard a custody change dispute case and issued the country's first Family Education Order in response to the guardian's dereliction of duty in the case.

This is a custody change dispute case heard by the Tianxin District People's Court in Changsha City, Hunan Province, on January 6 this year.

The original defendant in court was once a husband and wife, and in August 2020, the husband and wife agreed to divorce, and the two parties agreed that the daughter would be raised by the defendant, who is also the child's mother, Chen Mou. Later, Chen remarried and moved out of his original residence with his children, because of the many affairs, he did not send his daughter to school for two or three weeks after he just moved out. After the child's father, Hu Mou, knew about it, he began to find full care and babysitter for the child.

Judge Peng Xing of the Tianxin District People's Court of Changsha City: The defendants in the trial all admitted that from December 10, 2020 to the date of the trial, the child belonged to the state of being cared for by the nanny alone, and now the child lives alone with the nanny.

In October 2021, the child's father, Hu Mou, filed a lawsuit with the court, requesting that the custody of his daughter be changed to himself. The court held that although the child's father had found full care for the child and hired a nanny, from the perspective of the entire process of raising the child, he only focused on fulfilling the obligation of maintenance and neglected to exercise the obligation of education and protection.

Judge Peng Xing of the Tianxin District People's Court of Changsha City: Based on the actual situation and performance of the plaintiff and the defendant in raising the child before the trial after the divorce, this court believes that both the plaintiff and the defendant have the problem of neglecting to perform their maintenance obligations and undertake guardianship duties, and they have neglected the physical, psychological and emotional needs of the child.

During the trial, the court found that the child was more willing to live with the mother, and the child's mother was also willing to transfer schools for her daughter and take care of herself, and the court held that the child's mother should be given another opportunity to self-correct, that is, to actively perform her maintenance obligations and take on guardianship duties. Accordingly, the court rejected the plaintiff Hu's litigation claim, that is, the child's father, in accordance with the law, and ordered the defendant Chen to continue to perform his guardianship responsibilities, and at the same time, in accordance with the provisions of the Law on the Protection of Minors and the Family Education Promotion Law, issued a "Family Education Order" to the derelict guardian Chen.

Judge Peng Xing of the Tianxin District People's Court of Changsha City: This is the first "Family Education Order" in the country, and I hope that you can fulfill your duties and obligations.

The "Family Education Order" ruled that Chen paid more attention to his daughter's physical and psychological conditions and emotional needs, and had more contact and communication with school teachers; it was ruled that Chen lived with the child, effectively performed the guardianship duties, assumed the main responsibility of family education, and could not let the child live alone with the nanny, but should live with her, and be personally raised and accompanied by himself or his close relatives.

Highlight the rigidity of the law If the ruling is violated, the penalty will be imposed according to the circumstances

This "Family Education Order" is valid for one year, and before the ruling expires, the child herself or the unit that is in close contact with her may apply to the people's court to revoke, modify or extend the "Family Education Order" according to the actual situation; if chen X, the obligatory performer, violates the ruling, depending on the seriousness of the circumstances, he will be reprimanded, fined, or detained; if a crime is constituted, criminal responsibility shall be pursued according to law.

This is the first Family Education Order issued by a people's court nationwide after the implementation of the Family Education Promotion Law. In the "Family Education Promotion Law", the content of state intervention is clearly stipulated, open the "Family Education Promotion Law", and everyone reads the law together:

Article 34 stipulates that when hearing divorce cases, the people's courts shall provide family education guidance to both husband and wife with minor children.

Article 49 provides that where public security organs, people's procuratorates, or people's courts discover in the course of handling a case that minors have serious negative conduct or committed criminal conduct, or that minors' parents or other guardians have incorrectly carried out family education and infringed upon minors' lawful rights and interests, they are to be reprimanded on the basis of the circumstances, and may be ordered to accept family education guidance.

Judge Liu Ying of the Juvenile Family Division of the Fangshan District People's Court of Beijing Municipality: For example, why some children he steals, or why he robs, may have a lot to do with his parents, some parents themselves have these bad habits of gambling, drug addiction or theft.

Most juvenile delinquency is associated with a lack of family education

Judge Liu Ying, who has been engaged in juvenile trial work in the Juvenile Family Division for more than ten years, believes that in the juvenile-related cases she tried, most of the minors had serious bad behavior or committed criminal acts, and the families behind them more or less had the problem of lack of family education.

Judge Liu Ying of the Juvenile Family Division of the Fangshan District People's Court of Beijing Municipality: Either because of the lack of parental care, parents are lazy in performing their guardianship duties, or parents themselves have a lot of vices, and then let the children become infected with these vices, thus embarking on the road of crime. Otherwise, because the parents themselves have such disregard for their children, he feels that he does not feel the love of the family. Therefore, this family education is very necessary, really let the child feel this love in the family, he accepted the love from the family, grew up healthily, and then cultivated his outlook on life and the world view, which is also the significance of the introduction of our family education promotion law.

Judge Liu Ying mentioned that before the promulgation of the Family Education Promotion Law, when hearing such cases, the court would add a link to legal education for guardians during the trial process, and would also visit the family after the trial, but they also faced some difficulties.

Liu Ying, Judge of the Juvenile Family Division of the Fangshan District People's Court in Beijing: For example, we may want parents to receive a certain education, or he may not have a fixed institution, which is to enable him to carry out this kind of education systematically.

It is clearly stipulated that governments at all levels have the responsibility to guide family education

In this regard, the Law on the Promotion of Family Education clearly stipulates that people's governments at all levels shall guide the work of family education and establish and improve the mechanism for social collaborative education in family schools. The organs of people's governments at the county level or above responsible for the work of women and children organize, coordinate, guide, and supervise relevant departments to do a good job of family education work.

Liu Ying, Judge of the Juvenile Family Affairs Division of the Fangshan District People's Court of Beijing Municipality: For example, relying on his neighborhood committee or this kind of family education guidance institution, a series of family education can be systematically carried out, and there will be special people responsible, not only our court is doing it, other departments are also doing it, and a social linkage will be formed.

Gao Guanghe, vice president of the Juvenile Trial Division of the Qingdao Intermediate People's Court: For example, in the trial of such family cases involving minors, the introduction of professional forces to assess the comparison of the parents' parents' parents involved in the lawsuit can invite professional organizations to send experts to conduct parental education for these parents in batches or in different ways.

Multi-departmental linkage guides the family education of minors involved in litigation

As the judge said, in the large number of family cases involving minors heard by courts at all levels, most of the divorce disputes and child support disputes have the problem of improper family education.

However, specific to individual cases, how to guide, how to guide and other issues, before the promulgation of the "Family Education Promotion Law", there was no mature normative guidance, but the exploration of this work has been ongoing, for example, some places have set up a family education guidance workstation involving minors involved in litigation, and specially hired tutors to guide family education.

On November 6, 2021, the country's first family education guidance workstation for juveniles involved in litigation was established in Xuyong County, Luzhou City, Sichuan Province, which was jointly established by the Xuyong County Court, the Youth League County Committee, the County Civil Affairs Bureau, the County Education and Sports Bureau, the County Women's Federation, and the County Customs Work Committee, mainly for guardians who have neglected to perform, improperly performed their regulatory obligations, and violently violated the rights and interests of minors, or other family members living with minors.

In the family education guidance workstation, Liu and Zhang are receiving family education guidance, and the two sides are suffering from divorce disputes, resulting in a 13-year-old daughter who is bored with school, constantly skipping school, parents are in a laissez-faire state, and teachers have repeatedly visited their homes to persuade them to return to school. As a result, the judge issued a "Order for Family Education Guidance" to the couple and assigned two family education instructors to guide them.

Yao Bing, vice chairman of the Women's Federation of Xuyong County, Luzhou, Sichuan Province: Today's case is a case, and it also carries a certain common phenomenon, and many couples neglect the education of their children because of the relationship between husband and wife. Through our family counselors to guide parents and families, let them re-recognize their negligence and inappropriateness in their children's education, correct their children's education in a timely manner, and let children feel the warmth of the family again.

The family education guidance workstation employs tutors

In the family education guidance workstation, 14 tutors jointly recommended by the Xuyong County Youth League Committee, the Women's Federation, the Education and Sports Bureau, etc. were hired to take up posts, namely judges, school psychological counselors, professional social workers, and staff of civil affairs, women's federations, and customs work committees.

Wang Fenglian, president of the juvenile case trial division of the Xuyong County Court in Luzhou, Sichuan Province: The women's federation, civil affairs and other functional departments have been twisted into a rope, and they have jointly participated in the work of family education and guidance, and realized the linkage of multiple departments.

Explain the essence of family education Experts recommend that parents learn the new law together

The Family Education Promotion Law clarifies the main body responsible for family education, clarifies the content and methods of family education, and at the same time shows that family education has its own essence and characteristics: it is a colorful life education, and it is an education that teaches children to be human with life practice. Legal experts pointed out that it is the Spring Festival holiday, parents may wish to open this law, use this time with their children, and learn how to bring their babies according to law.

Zhu Wei, professor at the Law School of China University of Political Science and Law: Chinese tradition, a person can measure whether he is successful or not, and cannot simply look at how big a person's work performance is and how great his social value is. We Chinese an important measure of success is whether you have a good education for your children's descendants.

Shi Jiayou, professor at the Law School of Chinese Min University: Because the process of parenthood is also a process of growing up by yourself, a process of slowly maturing yourself, especially when we say that as a parent who is a parent for the first time, because this thing has no experience, so he also has a learning process.

Source: CCTV News Client