Since the Eighteenth National Congress of the Communist Party of China, General Secretary Xi Jinping has repeatedly emphasized the emphasis on the construction of the family, tutoring and family style. Home is a child's first classroom, parents are the child's first teacher, but also the frontmost and most secure haven. Therefore, family education is an important aspect related to the healthy growth of children's physical and mental health and the long-term stability of society.
In recent years, the protection of minors and crime prevention have been continuously strengthened, with remarkable results, but the situation is still not optimistic. On May 31, 2021, on the eve of the official implementation of the two laws, the Supreme People's Procuratorate, the Women's Federation, and the Customs Work Committee jointly issued the Opinions on Comprehensively Carrying Out Family Education and Guidance work in handling cases involving minors, which pointed out: At present, crimes against minors are frequent, and sexual assault, bullying, abuse, etc. have become social pain points and governance difficulties; although juvenile crimes have declined overall, the problem of juvenile juvenile delinquency cannot be ignored. Through the analysis of a large number of cases, the poor family environment and improper guardianship methods are the deep-seated reasons why minors embark on the road of violating the law and committing crimes or being infringed.
Brief Facts of the Case:
In 2010, the criminal suspect Hu Mou died unexpectedly due to his only son, so he adopted Xiao Jie, who was 3 years old at the time of his adoption in a welfare home, and regarded him as his own for ten years. However, because Hu Mou is usually impatient and firmly believes in the misconception of "filial piety under the stick", he has always adopted the method of violent discipline to teach Xiao Jie, and scolding has become a daily routine.
In 2020, 13-year-old Xiao Jie learned that he was adopted by his parents, so he had the idea of revenge. Due to the elderly parents who are not good at using electronic products, Xiao Jie stole his parents' identity information and stole his parents' retirement wages for consumption and squandering, in just 3 months, a total of more than 500,000 yuan. Hu Mou, who learned the truth, jumped like a thunderbolt, grabbed a broom and wrapped a towel and began to beat Xiao Jie's face and back, resulting in a fracture of Xiao Jie's nose bridge and orbit, which was identified as a minor injury.
After the incident, Hu was dealt with by the judicial organs for suspected intentional injury; the Civil Affairs Bureau revoked Hu's guardianship and terminated the adoption relationship; Xiao Jie was sent to live in a welfare home, and although he was a victim, his act of stealing huge amounts of money and property from family members was a serious bad behavior that violated the criminal law but did not reach the age of criminal responsibility and did not bear criminal responsibility, and was taken by the procuratorial organs to take critical prevention and other corrective measures.
Prosecutor reminded
On June 1, 2021, the Uninsured Law came into effect, and the family protection chapter clearly stipulates the guardian's family education responsibility and the legal responsibility for guardianship infringement, and clarifies the guardianship supervision responsibility of the procuratorial organ to carry out family education guidance.
That is to say, parents are not only a biological concept, but also a legal concept. Therefore, the procurator prompted to follow the procurator's "three steps" and help the parents and children hold hands:
The first step is to violently discipline a momentary "cool" and break the relationship to cause trauma
Why don't we advocate violent discipline of children? This is because:
First of all, the parent-child relationship established by violent discipline is unhealthy and unstable, and may have a temporary effect, that is, the child temporarily adjusts the misconduct because of fear, but over time, the parent-child relationship and parental authority established by violence can easily be broken by the next violence.
Secondly, long-term violent discipline will lead to psychological trauma in children, so that children have low self-esteem, high rebellion, and even become accustomed to the means of solving problems in a violent way, and the aggression will increase and even embark on the road of breaking the law and committing crimes. This is not alarmist, but can be confirmed by a large number of practical cases.
Third, violent discipline will also stimulate parents' excessive behavior, a violent discipline is effective, will promote parents to increase the frequency and intensity of violence, and eventually rise to domestic violence, abuse and even constitute intentional injury, homicide and other crimes.
According to article 108 of the Uninsured Law, the persons and units concerned may apply to the court for revocation of guardianship rights when committing guardianship infringements.
In the second step, violent discipline is not advisable, and violations of the law and crimes are not welcome
The biggest confusion of many parents is: the Son does not teach, the Father is at fault, if I do not teach or my fault. Since legally speaking, it is impossible to beat or scold, what should parents do to establish a good parent-child relationship and effectively discipline minor children?
First of all, education and punishment are non-violent, and attention is paid to moderation and not to be excessive. Appropriate educational punishment is one of the educational methods that parents can adopt, and the method of education and punishment may refer to the "Rules for Primary and Secondary School Education Discipline" piloted by the Ministry of Education on March 1, 2021, which refers to the educational behavior of minor children who have misbehaved behavior based on educational purposes, such as stopping, disciplineing, or correcting them in an appropriate manner, so as to promote minors' children to take warning, recognize and correct wrong educational behaviors. Of course, the methods of discipline should be appropriate, such as verbal guidance, punishment for doing household chores within their capabilities, etc., and minors should not be harmed by violence or disguised violent discipline.
Second, take it seriously and treat it as a friend. The root of the parent-child relationship is a relationship problem, not a problem of minors' behavior. When parents establish a healthy and good parent-child relationship with their children from an equal and rational perspective, it will be easier to solve behavioral problems.
Third, the level of parents needs to be improved, study well and don't give up. After a large number of case studies, we found that behind the behavior problems of juvenile delinquents is family problems, and improper family education methods and neglect of education have become the deep-seated reasons for minors to embark on illegal crimes. Therefore, providing family education and guidance to families and strengthening parents' awareness of guardianship and guardianship ability is an effective way to prevent violations of laws and crimes and protect minors.
The third step is to learn to walk the right path and praise our obedient children
Children do not teach also have children's faults, not only the parents' pot, as minors should establish a sense of rules, the awareness of the rule of law, so that:
First of all, don't indulge in the mobile phone network, and talk to your parents more. In recent years, minors' internet addiction has become the primary problem affecting parent-child relationship, and online addiction not only hurts physical and mental health but also family harmony, and even easily leads to juvenile crimes and violations. Adolescents shall access the Internet in a civilized and moderate manner, and at the same time, in accordance with the provisions on network protection in the Uninsured Law, network service providers shall also take appropriate measures to establish a model for the protection of minors, and set up management of minors' authority, time, and consumption.
Second, the awareness of the rule of law is indispensable, and we must think twice about raising our hands and feet. For parents, improper discipline by violence may constitute crimes such as abuse, intentional injury or even intentional homicide; similarly, for Xiao Jie, stealing family members' belongings will also constitute theft.
Third, if you are violated, do not panic, help yourself and find someone to help. When a minor child is victimized by guardianship, seek help in a timely manner, such as a neighbor, teacher, or police.
Contributed | Liu Sha, Wang Jingjing
Edit | Si Han, Wang Xiaohua