After the "domestic violence gate" incident, Li Yang came out to speak, he said, he did not beat the child, Li Jin said so to get revenge, he will sue Li Jin, and return his innocence.
At the same time, his lawyers have proposed a concept that calls for China to establish a "family disciplinary power."
What is the right to discipline the family, and is there any legislation in China to confirm the right to discipline the family?
When it comes to the right to discipline, Li Yang's lawyer Zhou Zhaocheng is more familiar with it, and he handled the "20 years later student beating teacher" case, and after the case was over, the Ministry of Education soon enacted legislation on the right to discipline in education.
Since the teacher can have the right to discipline and regain the precept ruler, why can't the parents? How many beats of children, as for rising to the level of domestic violence and criminal offenses?
Of course, I am not excusing domestic violence, the real domestic violence, is the need to bear legal responsibility.
In Li Yang's "domestic violence gate", Chinese Li Yang and the American Li Jin, the understanding of domestic violence is obviously different.
What kind of country is the United States? Many people may have the impression that Americans don't beat children.
Because the United States has a mandatory reporting system, any adult who finds that the children around them have signs of abuse are obliged to submit a report to the Children's Bureau or other child protection agencies, and those who do not report it are legally responsible.
The standard of reporting is very broad, you do not need to have solid evidence of domestic violence, as long as there is reasonable reason to suspect, there will be a dedicated staff to come to the door.
If domestic violence or abuse is determined, the child protection agency will directly take the child away and send it to a temporary regulatory agency, such as a foster care center, a children's home, a special group home, etc. After the child is taken away, the child protection agency will also file a lawsuit with the juvenile court.
Regardless of whether criminal liability is constituted, the name and relevant information of the aggressor will be included in the child protection database as a basis for future background checks.
In serious cases, the child will never return to his parents. If in the United States, Li Yang had yelled at the child so much, I am afraid that the child would have been taken away a long time ago.
The identification of child abuse in the United States is different from that in China, where their child abuse includes not only physical abuse, but also sexual assault, psychological abuse, and ignoring this kind of cold violence, and parents are not allowed to drink or take drugs.
There is a movie called "Gua Sha", in 2001, about a child with a fever, the grandfather used gua sha therapy to treat the child, but was accused of child abuse and deprivation of custody.
And in China, where is it so serious. Chinese parents beat their children is a common thing, we all say that they can't beat the instrument, and the filial piety under the stick is out, and the children are used to it.
In the relevant laws, one of the suspected crimes is the crime of abuse and the other is the crime of intentional injury, and the standard is to achieve more than minor injury.
According to the "Human Body Injury Degree Identification Standards", parents hit their children with a wave of their hands, and at most they are slight injuries, and sometimes minor injuries are not counted.
In the case of the nose, a comminuted fracture is a minor injury, and a nasal fracture and nosebleed can only be considered a minor injury.
Under this standard, it is rare for parents to beat their children to be convicted.
In fact, I can understand the right to discipline the family proposed by lawyer Li Yang, so that parents can educate their children in moderation like teachers.
However, in the eyes of many Chinese parents, children belong to their parents and are accessories to their parents, outsiders cannot be scolded, parents personally get started, and many people feel that there is no problem.
The concept is still only one aspect, what is more difficult is the supervision and implementation level, the occurrence of domestic violence is often very hidden, Chinese also has the tradition of not caring about other people's family affairs, who will report, which department will follow up after the report, the police, the women's federation or the neighborhood committee village committee, all need to be determined.
Unlike the right to discipline, the school is an organization, and communication between teachers and students is almost always open, and supervision is relatively easy. But if you really stop your parents from beating your children, people will only dump you: Don't be nosy.
Does China really need the right to discipline families? What do you think, welcome to leave me a message in the comment area.