Tips: The Family Education Promotion Law elevates family education from traditional "family affairs" to "state affairs" through the method of "family responsibility + state support + social coordination", opening the era of "bringing children according to law".
The Family Education Promotion Law is the first special legislation in the field of family education on the mainland, and the Supreme People's Court and the All-China Women's Federation issued the Notice on Carrying out Family Education Guidance Work, which is of great and far-reaching significance for comprehensively protecting the healthy growth of minors.
Today, let's talk about those things related to family education guidance. 1. What is homeschooling? Family education refers to the cultivation, guidance, and influence of parents or other guardians on minors' moral character, physical fitness, life skills, cultural accomplishment, behavioral habits, and other aspects in order to promote their all-round and healthy growth. Parents or other guardians shall establish awareness of the responsibility of the family as the first classroom and parents as the first teacher, bear the primary responsibility for carrying out family education for minors, and use correct thinking, methods, and behaviors to educate minors to develop good thinking, conduct, and habits.
2. What is the "Family Education Guidance Order"? Where public security organs, people's procuratorates, or people's courts discover in the course of handling cases that minors have serious negative conduct or commit criminal acts, or that minors' parents or other guardians have incorrectly carried out family education that infringes upon minors' lawful rights and interests, they are to give reprimands to the parents or other guardians based on the circumstances, and may order them to accept family education guidance.
3. Under what circumstances do people's courts need to provide family education guidance? For cases such as disputes over custody, adoption, guardianship, and visitation rights, as well as cases involving special groups such as left-behind minors and minors in difficulty, people's courts may actively carry out investigations and assessments of guardianship and family education, and when necessary, provide family education guidance in accordance with law.
4. How is the Family Education Guidance Order issued? Tell you with a case! The Supreme People's Court has released typical cases on the judicial protection of the rights and interests of minors, one of which is as follows: after the divorce of both parents, the child lives with the mother, but the mother remarries, and does not send the child to school for most of the month. Later, the father believed that the mother had not raised the child as agreed, so he sued the court for a change of custody. After hearing, the court held that both parents had been negligent in fulfilling their maintenance obligations and guardianship duties, but in view of the child's expressed subjective willingness to live with his mother, the defendant, the father's claim was dismissed.
At the same time, the court held that the child's mother's failure to perform her family education responsibilities by the father entrusting a nanny to take care of her young daughter alone without justifiable reasons was an act of neglect in fulfilling her family education responsibilities and should be corrected in accordance with the relevant provisions of the Family Education Promotion Act. Therefore, the ruling requires the mother to pay more attention to the child's physical and psychological condition and emotional needs, to contact and communicate more with the school teachers, to understand the detailed condition of the child, and to require the mother to live with the child, to contact and communicate more, to understand the detailed condition of the child, and to require the mother to live with the child, to be personally raised and accompanied by herself or her close relatives, to earnestly perform guardianship duties, to assume the main responsibility of family education, and not to let the child live alone with the nanny. It can be seen from the above cases that the court issued a "Family Education Guidance Order" to parents in the judgment, ordering parents to earnestly perform their guardianship duties.
5. So what should parents do if they continue to neglect to fulfill their family education responsibilities? According to the relevant provisions of the Family Education Promotion Law, when a minor's parents or other guardians refuse to accept family education guidance, or still do not perform guardianship duties in accordance with law after receiving family education guidance, the people's court may draft and issue a family education guidance order in the form of a written decision, ordering them to receive family education guidance in accordance with law. Since the family education guidance order issued by the people's court is not published on the Internet, if you are interested, the content is probably like this ↓↓↓
6. What is the content of the people's courts' work on family education guidance? First of all, there is education on guardianship duties. In the course of carrying out family education guidance, people's courts shall, in light of the specific circumstances of the case, carry out education on guardianship duties for minors' parents or other guardians: (1) Educate minors' parents or other guardians to perform guardianship responsibilities in accordance with law, strengthen parent-child companionship, and must not carry out conduct infringing on minors, such as abandonment, abuse, injury, or discrimination.
(2) Where others are entrusted to take care of minors on their behalf, they shall maintain contact with the entrusted person, the minor, and the school or infant care service institution where the minor lives, periodically understand the minor's study, living situation, and psychological condition, and perform family education responsibilities.
(3) Where the parents of minors are separated or divorced, they are clearly informed that they shall cooperate with each other to jointly perform family education responsibilities during litigation, during or after divorce, and neither party may refuse or neglect to perform family education responsibilities, and must not compete for custody rights or obstruct the other party's exercise of guardianship or visitation rights by robbing or hiding minor children. Second, education on the rule of law.
In the course of carrying out family education guidance, people's courts shall carry out education on the rule of law for minors and their parents or other guardians in light of the specific circumstances of the case: (1) Educate minors' parents or other guardians to establish awareness of the rule of law and strengthen the concept of the rule of law.
(2) Ensure that school-age minors receive and complete compulsory education in accordance with law.
(3) Educate minors to abide by discipline and law, and enhance their awareness and ability to protect themselves.
(4) Where minors are found to have bad conduct, serious bad conduct, or criminal conduct, order their parents or other guardians to perform their duties, strengthen discipline, and at the same time pay attention to affection, and educate minors to recognize mistakes and actively rehabilitate.
7. What are the ways in which people's courts carry out family education guidance work? People's courts may carry out family education guidance through various forms such as court education, interpretation of the law, on-site counseling, online counseling, psychological intervention, and drafting and issuing notices of responsibility for family education. Based on circumstances and needs, people's courts may carry out family education guidance on their own, and may also entrust professional institutions or professionals to carry out family education guidance, or jointly carry out family education guidance with professional institutions and professionals.
8. Is family guidance education only the duty of parents or people's courts? Of course not! According to the relevant provisions of the Family Education Promotion Law: people's governments at all levels guide family education work, and establish and complete mechanisms for family-school social collaborative education. Organs of people's governments at the county level or above responsible for work on women and children organize, coordinate, guide and urge relevant departments to do a good job in family education. The administrative departments of education and women's federations coordinate social resources, coordinate the establishment of a family education guidance service system covering urban and rural areas, and undertake the daily affairs of family education work in accordance with the division of duties. Departments for the construction of spiritual civilization at the county level or above and relevant departments of people's governments at the county level or above such as for public security, civil affairs, judicial administration, human resources and social security, culture and tourism, public health, market supervision and management, radio and television, sports, press and publication, and internet information are to do a good job of family education within the scope of their respective duties.
Lawyer Xiaojie's message: Parenting is a compulsory course for parents, since they choose to become parents, I hope that parents will seriously study the Family Education Promotion Law and earnestly fulfill their responsibilities as parents. I have always felt that raising children is a standard, and raising thicker is a little thicker. After experiencing thicker points and thicker cognition, virtue will be thicker, and the life built on top of it will be strong.