How to bring a baby according to the law? The Supreme People's Procuratorate released typical cases of family education guidance
On January 1, 2022, the Family Education Promotion Law of the People's Republic of China came into force, stipulating that the state and society provide guidance, support and services for family education. Recently, the Supreme People's Procuratorate released the second batch of typical cases of comprehensively carrying out family education guidance work in handling cases involving minors.
Violent discipline of children Violent mothers are prosecuted
From the end of 2019 to November 2021, Yangyang's mother Hu Moumou repeatedly carried out injuries such as scratching her head and hitting her head against the wall, hot water washing her body, biting her hands, beating her hangers, skates, and data cables due to problems such as studying and daily discipline, resulting in Yangyang's physical injury. It was determined that the degree of injury was minor and the injury was of the first degree. After the case was transferred to the Shenzhen Guangming District People's Procuratorate for review and prosecution, Yangyang's experience immediately attracted the attention of the procurator handling the case.
Du Xintong, assistant procurator of the Fifth Procuratorate Department of the Guangming District People's Procuratorate of Shenzhen: The nature of this case, or the act of guardianship infringement, is actually very bad in our opinion. The various harmful behaviors taken by this guardian towards the child are long-term, complex, and very typical. We believe that she should still be held accountable under criminal law, so after reviewing all the case materials, we believe that she should be prosecuted and brought to court.
In October 2022, the Shenzhen Guangming District People's Procuratorate prosecuted Hu on suspicion of intentional injury. On November 10 of the same year, the Guangming District People's Court sentenced Hu to one year and six months in prison, suspended for three years, for intentional injury.
Adhere to the principle of best interests to return children to healthy families
After Yangyang's mother was placed on file for investigation by the public security organs, Yangyang was admitted to the Shenzhen Rescue and Protection Center for Minors. Yangyang, who is in temporary custody, has repeatedly expressed his desire to return home. While conducting regular assessments of Yangyang's mother Hu Moumou's guardianship ability, the Family Education Guidance Working Group decided to continue to track Yangyang's guardianship status.
Liang Yanqiu, deputy director of the Fifth Procuratorate Department of the Shenzhen Guangming District People's Procuratorate: Combined with the situation of her mother's probation period of three years, within three years, judicial social workers and family education guidance experts will also follow up for three years. Let's see if her mother has changed substantially in the past three years, and whether the child can return to the family normally.
On December 8, 2022, the procuratorate, the Women's Federation and other departments jointly organized a closed hearing, and combined with the effect of family education guidance and Yangyang's own wishes, after consultation, it was decided to temporarily restore family guardianship to Yangyang and continue to track Yangyang's guardianship status. On December 31, 2022, Yangyang left the Shenzhen Rescue and Protection Center for Minors, where it was temporarily under guardianship, and officially returned to his family. Subsequently, the judicial social worker conducts a home visit to the family at least once a month. The reporter learned that the latest return visit is more optimistic. Hu's guardianship awareness has been improved, he has learned to control his emotions, and he no longer acts of domestic violence against Yangyang.
Du Xintong, assistant procurator of the Fifth Procuratorate Department of Shenzhen Guangming District People's Procuratorate: The contradictions in the whole family are gradually dissolving, and if guardians encounter problems now, they will be more willing to go to the outside world, such as social workers and family education guidance experts, to seek help and countermeasures. It is not said that he closed the door and blindly used some violence or not quite the right way to discipline the child, and the overall effect is gradually improving.
Chen Shaocong, judicial social worker of Qihang Public Service Center, Futian District, Shenzhen: At the beginning of Yangyang's homecoming, he was still nervous, crying in front of me, revealing his nervousness and anxiety. Later, I also conducted some psychological counseling for her during the return visit. Her interactions with her family at home are now becoming more and more natural. Including in school, the feedback to the child is relatively good, and can be integrated into some learning among classmates, including some class activities.
It is not possible to "sue for nothing" and multi-department intervention in family education guidance
In the release of typical cases, the Supreme People's Procuratorate elaborated on the typical significance of this case, pointing out that if a guardian's infringement of the lawful rights and interests of a minor under guardianship constitutes a crime, not only should the guardian be criminally punished in accordance with the law, but also the family involved in the case should be subject to guardianship intervention. How to intervene and how to intervene is an important issue related to the future growth of the abused minor. After a comprehensive assessment of the case, the Shenzhen Guangming District People's Procuratorate decided to provide family education guidance to Yangyang's parents on the basis of the Family Education Promotion Law.
Liang Yanqiu, Deputy Director of the Fifth Procuratorate Department of the Shenzhen Guangming District People's Procuratorate: The Law on the Protection of Minors also stipulates the principle of maximizing the interests of minors. I think it is in this "case" that this principle is realized. In this case, her parents were given home education guidance. Then after the family education guidance, the parents were changed, and after changing the situation, the children were returned to the family. This is the embodiment of the principle of maximizing the interests of minors.
It is understood that Yangyang's family is a reorganized family, and her mother Hu Moumou has a poor relationship with her ex-husband and has encountered domestic violence from him, has weak emotional control ability, and has violent upbringing habits. The procuratorial organs, women's federations, and other departments assessed that Hu's violent education methods were closely related to his high parenting pressure, insufficient educational ability, and personal life experience. This case has the possibility of changing the guardian's wrong cognition and behavior through family education guidance. After consensus between the procuratorial organs, public security organs, civil affairs departments, and so forth, the civil affairs departments will first carry out temporary guardianship of Yangyang, and at the same time, initiate family education guidance work for Hu.
Liang Yanqiu, Deputy Director of the Fifth Procuratorate Department of Shenzhen Guangming District People's Procuratorate: After assessing the situation of this family, we believe that if the child's parents can change their child's guardianship awareness and guardianship ability through the guidance of family education, and the child can grow up healthily in his own normal family, that is the situation that all our departments want to see the most with the concept of "state guardianship".
In March 2022, during the investigation stage of the case, the public security organ, after consultation and communication with the procuratorate, issued a "family education guidance order" to Hu Moumou and reprimanded Hu and his wife. This is also the first "family education guidance order" issued by a grassroots police station of a public security organ in Guangdong Province. At the same time, the procuratorial organs, the Women's Federation, and the Guanxi Work Committee, together with judicial social workers and community social workers, jointly formed a family education guidance expert group to formulate a detailed family education guidance plan for Hu.
Dai Xianping, head of the Women's Federation Work Section of the Group Work Department of Guangming District, Shenzhen: We have developed four targeted family education guidance courses, carried out mandatory family education guidance for children's mothers and stepfathers, and conducted a dynamic assessment of guardianship ability. Previously, the child's mother had poor emotional management skills and was often beaten and scolded. After receiving homeschooling guidance, she has become more patient with her children, able to listen to their ideas, and express encouragement and praise to their children.
Shenzhen Pengxing Domestic Violence Prevention Center Liu Xizhong: In the process of overall family education guidance, we found that the effect of family education guidance is very significant. Family education guidance not only from the law, but also from the psychological, conscious and cognitive level, changed parents' concepts, attitudes and practices, and also empowered parents to adopt some civilized, effective and skillful ways to carry out family education.
Source: CCTV News Client
Edited by Hu Decheng
Process Editor Yan Shengmiao