The power of the rule of law guards the future and the blossoming of flowers

The Power of the Rule of Law, Guarding the Future and Blooming Flowers: A Review of the People's Courts' Protection of the Rights and Interests of Women and Children in Accordance with Law

"To promote the construction of a strong country and the great cause of national rejuvenation, women are an important force, and children are the new force of the future. ”

General Secretary Xi Jinping emphasized the importance of women and children in warm and powerful words.

The rule of law has always been a powerful shield for the all-round development, happiness and health of women and children.

Since the 20th National Congress of the Communist Party of China, under the strong leadership of the CPC Central Committee with Comrade Xi Jinping at its core, the Supreme People's Court has attached great importance to the judicial protection of the rights and interests of women and children, changed the concept of family trials, deepened the reform of family trials, increased the judicial protection of minors, continued to promote the governance of domestic violence, extended judicial functions, strengthened publicity on the rule of law, and strived to make respect for women and care for children a common practice in the whole society, and promote women and children to live more brilliant and happier lives.

Gather joint forces, build mechanisms, and weave a dense network of protection

Only by working together can we do things together.

Protecting the rights and interests of women and children is a systematic project that requires the joint efforts of all sectors of society.

As early as 2017, the Supreme People's Court took the lead in establishing a joint conference system for the reform of family trial methods and working mechanisms with the participation of 15 units.

The crowd gathered firewood and the flame was high. As a result of in-depth development, a pattern of diversified resolution of family disputes has taken shape, and a dense and extensive network for the protection of the rights and interests of women and children has been spread across the country.

In Guangdong, the Guangzhou Intermediate People's Court has worked with the local women's federation to set up a litigation protection and research base for the rights and interests of women and children, issued a city-wide integrated family trial procedure, built the province's first multi-functional juvenile family litigation and mediation center, and built a center for the protection of girls, to help women and children in deep disputes resolve their difficulties.

In Sichuan, the Wuhou District People's Court of Chengdu City actively collaborated with the Women's Federation, civil affairs, justice, public security and other departments to set up a marriage and family counseling room and a family dispute mediation room to promote the pre-litigation resolution of family disputes, establish a "one-stop anti-domestic violence platform", issue personal safety protection orders as soon as possible, and actively explore effective measures to give protection orders strong enforceability.

In Tianjin, the Tianjin No. 1 Intermediate People's Court and the Tianjin Municipal Women's Federation jointly signed the "Cooperation Mechanism on Further Strengthening the Protection of the Rights and Interests of Women and Children" to effectively care for minors who have experienced domestic violence, provide mental health services, and promote the proper resolution of disputes involving minors.

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This year marks the 40th anniversary of the Juvenile Court. In the new era, how can juvenile trial work be "forty years old without confusion"?

Strengthening the establishment of juvenile trial institutions and mechanisms, promoting the integrated development of trial work in juvenile criminal, civil, and administrative cases, and promoting governance at the source and comprehensive management are the first answers.

Many juvenile criminal cases are initially manifested in the form of civil disputes involving juveniles. It can be seen from this that the root cause lies in the family, in the school, and in the society.

"The 'integration of three trials' is not only the integration of departments handling juvenile cases, but also the renewal of judicial concepts, reflecting a new internal legal logic centered on juveniles. Tong Lihua, director of the Beijing Juvenile Legal Aid and Research Center, said in an interview with reporters.

In June 2023, after careful study, the Party Group of the Supreme People's Court decided to integrate the functions of the "Juvenile Court Work Office", which is jointly composed of the Research Office, the First Criminal Division, and the First Civil Division, and has a division of labor, and established a Juvenile Trial Work Office, relying on the operation of the First Civil Division, to establish a specialized and relatively independent working mechanism, to be responsible for the supervision and guidance of juvenile trial work nationwide in a centralized and unified manner, and to further strengthen the professionalization of juvenile trials.

As soon as the "Juvenile Trial Office" was established, it immediately showed great vitality: promoting the reform of the juvenile trial mechanism of the High People's Court, holding research forums to strengthen guidance to subordinates, researching the establishment of a juvenile trial performance evaluation system, researching the establishment of a separate case number for juvenile cases, and improving the statistical index system for juvenile cases......

A top-down approach to juvenile trial reform is thus clear.

In November of the same year, the Hebei Provincial High People's Court held the awarding ceremony and inaugural meeting of the juvenile trial division of the provincial courts, marking that the province's high and intermediate courts have achieved full coverage of juvenile trial institutions, and the province's three-level courts have achieved full coverage of juvenile trial work mechanisms.

It is a major measure to implement the Law on the Protection of Minors, a necessary measure to strengthen the judicial protection of minors, and is of historical significance. Regarding the establishment of an independent juvenile professional trial institution by the people's courts, Tong Lihua gave a high evaluation.

Strengthen protection, change concepts, and build a safe harbor

A child's smile is the most beautiful piece of music in society.

Women's power is the "half of the sky" of the country and society.

Over the past year, the people's courts have given full play to their adjudication functions, extended their judicial functions, cared for innocent smiles, and dispelled the haze in the sky.

Strictly punish crimes that infringe on the rights and interests of minors——

In 2023, 41,000 cases and 61,000 cases will be concluded by courts across the country, a year-on-year increase of 28.5%. The defendants Zhang Bo and Ye Chengchen in the "Sister and Brother Falling Death Case", Ni Duqun, who sexually assaulted many young girls under the pretense of love, and Wang Xiaoshan and Sun Baochang, who were coerced and raped online and offline, were sentenced to death in accordance with law.

Improve the system of laws and regulations for judicial protection——

The Supreme People's Court, in conjunction with the Supreme People's Procuratorate and the Ministry of Public Security, issued the "Interpretation on Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Rape and Indecency with Minors", issued the "Opinions on the Handling of Criminal Cases of Sexual Violations against Minors", and held a press conference in conjunction with the All-China Women's Federation and others in the same month to jointly interpret and publicize relevant judicial documents, release signals of severe punishment for crimes of sexual assault against minors, clarify a series of complex legal issues related to online indecency, and express a clear attitude towards severely punishing crimes of rape and indecency with minors; Opinions on Carrying Out Family Education Guidance Efforts", to promote minors' parents or other guardians to perform family education duties in accordance with law, and to ensure the healthy growth of minors.

Continue to promote anti-domestic violence governance——

In 2023, the Supreme People's Court has released two batches of typical cases against domestic violence, promoting the implementation of the judicial interpretation on personal safety protection orders and the Opinions on Strengthening the Implementation of the Personal Safety Protection Order System, further clarifying that mental violence is also domestic violence, and that minor children who have been robbed, hidden, or witnessed domestic violence are also victims of domestic violence. Courts across the country issued 5,695 personal safety protection orders of various types throughout the year, a year-on-year increase of 41.5%.

In 2024, the Xuhui District People's Court in Shanghai heard a divorce dispute case involving a minor who was just over one year old. The woman moved out of the house with the children due to a discord with her husband, and the man had no way of knowing the whereabouts of the mother and son. After that, the man found the child and took it away to his parents. For more than four months, the woman was unable to take her breastfeeding child, and even visits were prevented.

In order to resolve the fierce custody conflict, the presiding judge Zhang Dongmei issued a "Family Education Guidance Order" to the man, and invited the woman to receive guidance together, guiding the two to communicate with the principle of giving priority to the interests of minors, and actively perform the guardianship duties of parents. In the end, the two parties successfully reached a maintenance agreement in the lawsuit.

This case is a microcosm of the people's court's proper resolution of family conflicts and disputes.

The family is not only the foundation for social stability and development, but also a harbor for women and children to rely on and grow emotionally.

In recent years, the people's courts' concept of family trial work has gradually shifted from the traditional emphasis on protecting identity interests and property interests to giving full consideration to the personality, security, and emotional interests of family members.

On April 15 this year, the Supreme People's Court issued the "Opinions on Carrying out the Work of "Caring for Minors" in Divorce Cases Involving Minor Children", requiring local courts to guide the parties to the case to enhance their sense of responsibility and perform their guardianship duties in accordance with the law in the trial of divorce cases involving minor children.

On the same day, the People's Court of Leping City, Jiangxi Province, the People's Court of Yushan District, Ma'anshan City, Anhui Province, the People's Court of Tianmen City, Hubei Province, the People's Court of Qingjiangpu District, Huai'an City, Jiangsu Province, the People's Court of Suining County, the People's Court of Longquanyi District, Chengdu City, Sichuan Province, and the People's Court of Gulin County, etc., based on the actual situation of the case, implemented the requirements of the opinions as soon as possible, and successively issued reminder cards for caring for minor children to the parties to the divorce dispute, helping, educating and guiding the parties to enhance their sense of responsibility, perform their guardianship duties in accordance with the law, and care for and Caring for minor children.

How to vigorously safeguard equal, harmonious, and civilized marriage and family relations, and how to return the family to a quiet and peaceful harbor? The practice of the people's courts, as stated in the 2024 National People's Congress and the Supreme People's Court Work Report——

"Cut off the people's household affairs with affection".

Pay attention to leading, sowing awareness, and illuminating the road to the future

In 2024, the People's Court Case Database will be launched. There is a special module for "Cases Involving the Protection of Minors".

One case is worth a dozen documents. The spirit of the rule of law and judicial fairness are conveyed to the whole society through one case after another.

The release of typical cases is an important measure for the people's courts to implement efforts to protect the rights and interests of women and children in accordance with law, and to give full play to the evaluation and guidance functions of typical cases, as well as the warning and educational significance. Since 2023 –

On May 23, the Supreme People's Court released the news that the Intermediate People's Court of Xiaogan City, Hubei Province, the Intermediate People's Court of Weifang City, Shandong Province, and the Intermediate People's Court of Anyang City, Henan Province, respectively carried out the death sentences of criminals who raped minors, Ni Duqun, Wang Xiaoshan, and Sun Baochang, in accordance with the law, highlighting the people's court's clear position on resolutely and severely punishing crimes of sexual assault against minors in accordance with the law, reminding minors to raise their awareness of self-protection, and reminding parents, schools, and society to attach importance to the guidance and supervision of minors' legal education, sex education, and use of the Internet;

On May 29, the Supreme People's Court and the All-China Women's Federation released typical cases of judicial assistance for the protection of the rights and interests of minors, involving cross-provincial assistance for criminal victims and assistance for recovering child support, etc., guiding the courts to integrate the spiritual connotation and basic concept of protecting the lawful rights and interests of minors into the entire process of handling cases, so as to better respond to the legal needs of women and children;

From November 25 to 27, the Supreme People's Court released two batches of typical anti-domestic violence cases, including the protection of minors, to form a legal deterrent to perpetrators or potential perpetrators, and called on the general public to raise their awareness of anti-domestic violence, enhance their ability to protect themselves, and be builders, defenders, and practitioners of civilization and new trends in the new era.

On December 11, the Supreme People's Court, together with the Ministry of Civil Affairs and the All-China Women's Federation, released typical cases of bride price disputes, curbing high bride prices in accordance with the law, guiding the people to establish a correct view of marriage and love, advocating the formation of civilized and frugal marriage customs, and leading the whole society to "let marriage begin with 'love' and let the bride price return to 'ceremony'".

Food safety for minors is related to the health and life safety of minors. Over the years, the people's courts have strictly implemented judicial protection of food safety for minors, building food safety barriers for minors.

On March 15 this year, the Supreme People's Court released a typical case involving the judicial protection of minors' daily food and campus dining safety, highlighting the people's court's clear position and firm determination to severely punish all kinds of violations and crimes that endanger minors' food safety in accordance with the law and protect the legitimate rights and interests of minors in accordance with the law.

"Compared with foreign judicial systems, how is China's judicial system better?"

"Just now, you mentioned that a document on cyber violence is being developed. Excuse me, if we encounter one of our own, how can we defend our rights, and furthermore, how should we use the Internet correctly?"

"The law stipulates that parents have the right and duty of guardianship over their children, and it also stipulates that we minors have many rights of our own. Where is the boundary between these two rights?"

On the morning of September 5, 2023, the students of Beijing No. 2 Middle School received a special "opening ceremony". As the university's vice-president for rule of law, Zhang Jun, president of the Supreme People's Court, came here for the sixth time to attend classes. The class was full, and the students listened carefully to Zhang Jun's lecture and raised their hands to speak.

The people's courts have deepened the appointment and management of vice-principals for rule of law in primary and secondary schools, and at present, 37,000 judges have served as vice-principals for rule of law nationwide.

In May 2023, the Supreme People's Court (SPC) deployed the "Rule of Law Escort and Grow with You" rule of law publicity and education month activity in courts across the country, and courts around the country extended judicial functions, strengthened rule of law publicity, and enhanced young people's awareness of the rule of law through mock courts, campus visits, and courtroom open days.

The seeds of the rule of law, with the "invitation to come in" and "go out" again and again, are deeply sown in the hearts of children and germinate vigorous vitality.

The rule of law is the cornerstone of maintaining social justice and an important force in protecting the rights and interests of women and children. On the road of guarding the future and the blossoming of flowers, the people's court struggles to move forward, always believing that——

The sunshine of the rule of law will shine in every corner, and the spring breeze of fairness and justice will blow every heart.

Source/People's Court Daily

Editor/Liao Yunqing

Review/Xiaoyue

Executive Producer/Qiao Hong