Source: Procuratorate Daily
Ding Yanhong, Su Longyi, Qian Xingxing
Xue Fang went to a kindergarten in Xingyi City, Guizhou Province to carry out publicity and education on the rule of law.
"Doing a good job in juvenile procuratorial work is by no means as simple as handling a few cases and carrying out several legal popularization campaigns. After engaging in juvenile procuratorial work, Xue Fang, deputy director of the Fifth Procuratorate Department of the Xingyi City Procuratorate in Guizhou Province, deeply realized that in order to safeguard the legitimate rights and interests of minors and become their "early yang messengers" on the road to growth, they must have perseverance, patience and benevolence.
Xue Fang put the light and heat in his heart into the unchecked business. Since 2020, she has been rated by the Supreme People's Procuratorate as an outstanding individual in the national lecture tour of "Rule of Law on Campus", and by the All-China Women's Federation as an "Advanced Individual in National Family Work". From October 23 to 26, 2023, Xue Fang participated in the 13th National Congress of Chinese Women as the sole representative of the Guizhou Provincial Procuratorate.
Perseverance: Leave no criminal behind
"Some crimes against minors are often only the presence of criminal suspects and victims, and if they are not prosecuted because of insufficient evidence, it is undoubtedly an indulgence of the crime and the greatest harm to minors. Xue Fang always reminded himself that he could neither wronged a good person nor let go of a criminal.
In April 2021, Xue Fang handled a case of sexual assault of minors. Xiaomin (pseudonym) reported that she was sexually assaulted by Zhang, but Zhang has always denied it. Except for Xiao Min's verbal evidence, there was no other evidence, and the case was at an impasse.
It is understood that after Xiaomin's biological father died, his mother remarried. Xiao Min lived with her uncle until she was in junior high school and was raised by her mother. Xue Fang wanted to find Xiao Min to understand the situation, but Xiao Min had already left the country and could not be contacted.
"If you want to handle the case, you have to find Xiaomin. Xue Fang called Xiaomin's mother's phone, but the other party was very angry, saying that she didn't have this daughter, and the two sides hadn't communicated for a long time. Xue Fang contacted Xiao Min's uncle again, and after several tosses, he finally found Xiao Min.
During the conversation, Xiao Min only said that he was sexually assaulted by Zhang many times, but he could not provide evidence. Moreover, Xiao Min's words flickered, and his eyes always avoided the prosecutor. Xue Fang immediately changed her strategy, started a family routine with Xiao Min, and learned that Xiao Min had already had a boyfriend and held a wedding wine in her hometown in the countryside, giving birth to a child. In the end, Xiao Min said that the child was born after being sexually assaulted by Zhang, and she was worried that her boyfriend would know about it and did not tell the public security organs.
Xue Fang submitted evidence collection opinions to the public security organs, and the public security organs obtained key evidence. Accordingly, Zhang was sentenced to 11 years in prison by the court.
In the process of contact with Xiao Min, Xue Fang found that Xiao Min had always resented her mother and felt that her mother had not fulfilled her obligation to educate and raise her. Xue Fang and the psychological counselor carried out special psychological counseling and psychological intervention for Xiao Min, provided family education guidance for Xiao Min's mother, and promoted mutual understanding between the two parties. In the end, Xiaomin's mother realized her education problem and expressed her guilt and remorse to her daughter, and the two reconciled as before.
Patience: Don't give up on a "bear child"
In July 2021, Xue Fang received a video from Xiaohu's (pseudonym) father. In the video, the father and son are talking and laughing. Before that, Xiaohu was still a rebellious child who couldn't be controlled by anyone.
Xiao Hu has close social contacts and often participates in fights and thefts, and the public security organs have repeatedly made administrative detention decisions against him, but he has not been executed because of his young age. In June 2020, Xiaohu was sentenced to six months in prison by the court for burglary. One month after his release from prison, he was again arrested by the public security authorities for repeatedly stealing electric vehicles.
"I don't need you to take care of my affairs, why do you care about me, my parents don't care about me. When Xue Fang interrogated Xiao Hu for the first time, Xiao Hu showed great resistance, not only his eyes were full of disdain, but he also whistled when he confessed.
Xue Fang learned through social investigation that Xiaohu's mother had not been heard from after leaving home, and his father had adopted an abusive and sticking education method for Xiaohu, which led to Xiaohu's development of a perverse and rebellious character.
"Xiaohu has cognitive biases, and if he does not intervene in time, it will be very detrimental to his future growth. Xue Fang did not immediately make a decision to approve the arrest, but talked to Xiaohu many times. "The court can sentence however it wants, and it's a big deal to go to jail. Xiaohu's indifferent attitude made Xue Fang realize that it was urgent to gain a deeper understanding of the child's inner world.
"I miss the outside world, it's unfree, it's cold. After a few heart-to-heart conversations, Xiaohu rarely showed his vulnerable side. Xiaohu told Xue Fang that every time he made a mistake, his father always apologized to others again and again, and his father went out to work to provide for him to go to school. "I disappointed my father......" Finally, Xiaohu blamed himself.
To truly change Xiaohu, family education is indispensable. Xue Fang visited Xiaohu's father and handed over the letter that Xiaohu gave him. In the letter, Xiaohu repented of his actions and confessed his mistakes to his father. However, Xiaohu's father is still full of resentment. Xue Fang combined Xiaohu's growth experience and physical and mental development characteristics, and pointed out the problem of Xiaohu's father's education method and the supervision responsibility he should bear. Xiaohu's father finally realized his mistake and said that he would love his children well in the future.
After much consideration, the court made a decision not to approve Xiaohu's arrest. In October 2021, after the court made a conditional non-prosecution decision against Xiaohu, Xue Fang formulated a mentoring task plan, a mentoring agreement, and a psychological counseling case report for Xiaohu. With the assistance of professional forces, Xiaohu finally returned to the right track.
Wake up the confusion, escort the growth, do not abandon, do not give up every child. Xue Fang and her colleagues actively explored methods and channels for education, reform, and rescue, and optimized work processes through cross-departmental and multi-professional connection mechanisms, so as to protect the rights and interests of minors in an all-round way. It is understood that since 2021, the Xingyi Municipal Procuratorate has issued 339 family education guidance orders, focusing on 10 lectures on the rule of law in family education.
Benevolence: Protect more children
"Whether a minor is violated or a minor violates others, it causes great losses to the minors themselves, their families and society. It is necessary to start from the source and strengthen the popularization of the law, so that they know the law and abide by the law, and know how to take precautions. Xue Fang said. For this reason, Xue Fang carefully studied how to take a good class on the rule of law, and regarded every time he sent the law to the campus as an exam. For students of different ages, she collects different materials, prepares different courses, talks about cases, asks questions, and flexibly guides the children to strive to be "good teenagers under the rule of law".
"I like the active interaction between the students in class, and I also like the feeling of being 'chased and intercepted' by my classmates after class. This shows that my rule of law class is a passing grade and is loved by my classmates. Xue Fang said with a smile.
Combined with the high-incidence and frequent cases found in the handling of cases, she and her colleagues compiled an easy-to-understand juvenile legal knowledge reader, and produced related courses on crime prevention, self-protection, psychological counseling, etc., which were sent to primary and secondary schools in the jurisdiction.
In order to achieve full coverage of the rule of law tour inside and outside the school, Xue Fang took the initiative to extend the rule of law tour to online media, starting from a new media novice, learning to edit WeChat public accounts, participating in the filming of rule of law micro-films, and opening the first "cloud classroom" rule of law online course in Guizhou Province, continuously improving the breadth of rule of law education with her own efforts.
In March 2022, Xue Fang took the lead in exploring the work of "deputy class leader for the rule of law", using a school in Xingyi City as a pilot to select 48 students to assist teachers in carrying out law popularization in the class on a regular basis. "This model of law popularization in which students lead students and students guide students has worked very well and is worth promoting. A teacher at Sajin Elementary School praised.
"The emphasis is on prevention, the importance is to be active, and to persevere. This is Xue Fang's "magic weapon" to protect the healthy growth of minors.