Last August
After Zhou and Zhao in Huai'an, Jiangsu Province, divorced
To relieve the pressure of raising
Sending the newborn daughter to be raised by someone else
Afterwards
The two repeatedly tried to return to the child but were rejected
The adopter was taken to court
The court found out after an investigation
The two sides did not go to the civil affairs department to register the legal adoption
After mediation, the defendant agreed to send the child back
The two plaintiffs made financial compensation for the defendants' raising of the children
For these two unqualified parents
The local court opened
The first order in the province to accept a family education guidance order
The two were given family education guidance by special personnel
The judge held that the plaintiff was a parent
The statutory obligation to raise a child should be fulfilled
For the healthy growth of children
Provide a stable and harmonious family environment
Cannot be based on the absence of a legal adoption relationship
Children are given to others at will in order to avoid guardianship responsibilities
According to the newly revised
The relevant provisions of the Law of the People's Republic of China on the Protection of Minors
The Supreme People's Procuratorate decided to handle cases involving minors
Full implementation of the "Supervision and Guardianship Order"
Together with relevant departments, we will comprehensively carry out family education guidance work
In the course of handling the case
If the procuratorate finds that a guardian exists
Problems such as lax discipline and lack of guardianship
Causing minors to violate the law or be harmed
A "supervision order" will be issued to the guardian
April this year
Chongqing also sent it
Order to Accept Guidance on Family Education
"My dad is a violent dad"
This is Yu Xuan's description of his father
Yuxuan's mother, Jiang Mou, works abroad
Affected by the epidemic, he has not been able to return to China so far
Yuxuan has been living in China with his father Sun Mou for many years
From the end of 2020
Sun often cites not studying seriously
Verbally abuse, threaten, and beat your child
After investigation
Although the available evidence can be corroborated
Sun used frequent insults, intimidation and other methods
Committed multiple mental violations against Yuxuan
This caused Yu Xuan to develop a strong sense of fear
However, the criteria for filing criminal cases have not yet been met
The procuratorate then advised Yuxuan's family
Apply to the court for an injunction on the protection of personality rights
And provide judicial assistance throughout the process
The procuratorial organ also issued a message to Sun Mou
Ordered Sun to accept "one-on-one" family education guidance
To enable them to lawfully perform guardianship duties
At the same time, the Shapingba District People's Court determined
The fact that Sun Mou's family was violent
Sent to Sun Mou
"It is forbidden to carry out domestic violence such as insults and beatings against Yuxuan"
The prohibition of personality rights protection
This is after the implementation of the Civil Code
Chongqing's first injunction on the protection of personality rights for minors
With the joint efforts of procuratorial organs and social workers
Sun Mou has initially realized
Problems in your own way of educating
And expressed willingness to change
July this year
Tongren City, Guizhou Province
The city's first copy was issued
"Ordered to accept a family education guidance order"
Guoguo's parents used regular verbal abuse and beatings
Repeated infringements on fruits and fruits
Causes a strong sense of fear in the fruit
However, because the criteria for filing a criminal case have not yet been met
District Procuratorate, District Women's Federation
Therefore, the method of ordering family education was adopted
Carry out family parenting education for guoguo parents
Guoguo parents sign a "guidance order"
For these unqualified parents
It can play a supervisory and guiding role
And on June 1 of this year
In the newly revised Law of the People's Republic of China on the Protection of Minors
These issues are also clear
After the rights and interests of minors have been infringed, who has the right to dissuade, stop, report, or accuse?
The Law on the Protection of Minors has added a mandatory reporting system after the rights and interests of minors have been violated.
Article 11 of the Law on the Protection of Minors: Any organization or individual who discovers circumstances that are detrimental to minors' physical or mental health or infringes upon minors' lawful rights and interests has the right to dissuade, stop, or submit reports or accusations to relevant departments such as for public security, civil affairs, and education.
What acts are not allowed to be committed by the parents of minors?
1. Abuse, abandonment, or illegal adoption of minors, or domestic violence against minors;
2. Allowing, instigating, or using minors to carry out illegal or criminal acts;
3. Allowing or instigating minors to participate in cult or superstitious activities, or accepting terrorism, separatism, extremism, and other such harms;
4. Allowing or instigating minors to smoke (including electronic cigarettes, the same below), drink alcohol, gamble, vagrant begging, or bullying others;
5. Allowing or forcing minors who should receive compulsory education to drop out of school or drop out of school;
6. Allow minors to become addicted to the Internet, coming into contact with books, newspapers, periodicals, movies, radio and television programs, audio-visual products, electronic publications, and online information that endanger or may affect their physical or mental health;
7. Allow minors to enter for-profit entertainment venues, bars, Internet access service business sites, and other places that are not suitable for minors' activities;
8. Allowing or forcing minors to engage in work other than those prescribed by the State;
9. Allowing or forcing minors to marry or enter into marriage contracts for minors;
10. Illegally disposing of or embezzling minors' property, or using minors to obtain improper benefits;
11. Minors under the age of eight years or who require special care for physical or psychological reasons shall not be left unattended or placed in temporary care by persons without capacity for civil conduct, with limited capacity for civil conduct, with serious infectious diseases or other unsuitable conditions.
12. Minors under the age of 16 must not be allowed to live alone out of their guardianship.
13. Other conduct that infringes upon minors' physical and mental health, property rights and interests, or fails to perform obligations to protect minors in accordance with law.
Parents going out to work? Can I entrust my minor to the care of another person?
Yes, but only if the conditions laid down in the Law on the Protection of Minors are met. First, there must be a legitimate reason; second, the object of acceptance of entrustment should be a person with full capacity for civil conduct who has the capacity to care; third, it should comprehensively consider factors such as morality, family, physical and mental conditions and listen to the opinions of minors who have the ability to express their will; fourth, the school, kindergarten, and neighborhood committee or villagers' committee of the place where the minor is entrusted should be informed in writing of the circumstances of the entrusted care.
Article 22 of the Law on the Protection of Minors: Where a minor's parents or other guardians are unable to fully perform their guardianship duties within a certain period of time due to reasons such as going out to work, they shall retain a person with full capacity for civil conduct with the capacity to take care of them;
Do I need to hear from a minor when my parents divorce?
Need, article 24 of the Law on the Protection of Minors: When a minor's parents divorce, they shall properly handle matters such as the upbringing, education, visitation, and property of minor children, and hear the opinions of minors who have the ability to express their will. Custody rights must not be contested by means such as snatching or hiding minor children.
Unqualified parents
Let's all have a little bit of heart
Source: CCTV