Promote family education to protect the healthy growth of children in accordance with the law

Since the implementation of the Family Education Promotion Law, the social collaborative education mechanism of family schools has continued to establish and improve

Promote family education to protect the healthy growth of children in accordance with the law

On January 1 this year, my country's first law on family education, the "Family Education Promotion Law of the People's Republic of China", was officially implemented, marking that family education rose from the traditional "family affairs" to the "state affairs" in the new era.

Family education promotion law has established behavioral standards for family education from the height of the law. It also formulates measures for the guidance, support and services of family education in the country and society, and establishes goals. ", Also corrected the" teachings and uniform, improper teaching ", establish and improve the social collaborative education mechanism for family schools, and promote the healthy growth of minors.

"Family Education Order" is the implementation of the people's court

Important judicial measures for family education promotion law

On January 6 this year, the Tianxin District People's Court of Changsha City, Hunan Province issued a special ruling -the nation's first "family education order" after the implementation of the Family Education Promotion Law.

The incident originated from the trial of the custody to change the dispute. In 2020, after the divorce of the husband and wife of the Hu and Chen, the daughter was raised by her mother Chen, but her mother had long been negligible for the education of children. After his father, Hu Mou knew, he fulfilled his child's support and care obligations by asking the nanny, but he only allowed the child to live with the nanny alone.

In view of the fact that both parents have the absence of support and monitoring responsibilities, and the child expressed more willing to live with her mother, the court trial believes that the mother should be given a self -error correction, re -actively fulfilling the opportunity to support their support and guardianship responsibilities , In the end, the mother continued to perform the responsibility of guardianship.

However, the case -oriented judge aware that relying on one paper judgment can still be unable to truly realize the actual protection of children's rights and interests. In October 2021, the Family Education Promotion Law was approved, which allowed the undertaking judge to find the legal basis for correction of "parents' rejection, neglect of performing family education responsibilities", "incorrect implementation of family education infringement of the legitimate rights and interests of minors".

The Family Education Promotion Law stipulates that during the process of handling the case, the public security organs, the People's Procuratorate, and the People's Court found that there were serious bad behaviors or criminal acts, or the parents of the minor or other guardians were incorrectly implemented. If a person's legitimate rights and interests, the parents or other guardians are trained according to the situation, and they may be ordered to receive family education guidance.

Based on this, the undertaking judge drafted a "children's guardian order", which was eventually issued by the Supreme People's Court and issued in the form of "family education order". The "family education order" ruling that mothers should pay more attention to their children's physiological, psychological conditions and emotional needs, and maintain a connection with the teacher at least once a week. Nearly relatives to raise and accompany them; if violated the ruling, depending on the circumstances of the circumstances, the legal responsibilities are held in accordance with the law.

"'Family Education Order' is an important judicial measure for the people's court to implement the Law of the Promotion of Family Education. It is a powerful judicial means to restrict and disciplinary in the family education in accordance with the law and punish family education." The relevant person in charge of the office stated that in order to further regulate the people's courts to carry out family education guidance work and ensure the accurate, unified, and effective implementation of family education promotion laws, the Supreme Law is recently studying and formulating the "Supreme People's Court's Opinions on Carrying out Family Education Guidance". The applicable situation, educational content, guidance procedures, legal consequences, etc. of the people's courts are clearly specified.

Correct "the filial sons under the stick"

Error ideas such as "Can't Hitter"

It is understood that the people's courts in Beijing, Hunan, Jiangsu and other places have issued a "family education order". Through sorting out, it is found that parents and guardians are commanded or ordered to receive family education guidance. There are three main cases: one is to neglect the discipline or irreplaceable education, which will lead to illegal crimes or improper behaviors of minors; second, marriage rupture, etc., etc. It affects the healthy growth of minor children; the third is the lack of supervision of network activities of minor children.

"In addition to restraining and punishing 'raising and not teaching, monitoring, no matter', the people's court also insisted on disciplinary and rectification, rectifying and guiding the" teaching and informal, and improper teaching "." The person in charge said that the person in charge said Some family education orders are not limited to postponed accountability, but also adopt forward -looking, communication and guidance.

In the trial of the People's Court of Chaoyang District of Beijing, in the case of changing raising relationships, the court found that his father frequently used scolding and punishment to educate children daily, and there were excessive punishment and ordered him to receive family education guidance.

The court passed the judicial referee to correct such simple and rude education methods. At the same time, he reminded the majority of the family members that they should abide by the relevant provisions of the Family Education Promotion Law, and to manage their children in accordance with law and reasonable ways to correct them. If you do not make a "wrong concept, excessive punishment will be subject to legal constraints and punishment.

In July 2021, the minority (pseudonym) of the minor was seduced by friends and stole motorcycles. After the incident, Xiaowen took the initiative to surrender and returned the stolen goods. After questioning and visiting investigations, the prosecutor handling the case found the crux of the problem: The parents believed that the child was responsible for discipline when he was studying in school. "The reason why children commit crimes are important to the absence of their parents' responsibilities and absence of family education," said the prosecutor handling the case. In January of this year, the comprehensive minorwen crime plot, admitting the attitude of mistakes, etc., the People's Procuratorate of the Miao Autonomous County of the Puyang Tujia family in Chongqing City made a decision to not prosecute it on it. At the same time, it issues specific requirements for the guardian from the aspects of performing guardianship duties in accordance with the law and strengthening their children's self -protection awareness in accordance with the law. After issuing a supervision and guardianship order, the prosecutor also established an online inspection WeChat group with social workers, conducting psychological counseling and teaching work on Xiaowen, and formulating a return visit plan.

"Supervision and guardianship order is an innovative measure for procuratorial organs to implement the Promotion of Family Education, strengthen the supervision and intervention of monitoring rights, and promote the establishment of a family education protection line." The director of the Ninth Procuratorate of the Supreme People's Procuratorate introduced When applying for cases involving minors, organs, according to different cases and specific problems in the supervision and performance duties, the agency proposes targeted requirements to the guardian. The guardian fulfills the supervision duties. At the same time, pay attention to collaboration and linkage, guide multi -party forces to actively participate through departmental cooperation and coordination mechanisms, give full play to the advantages of joint efforts, and improve the quality and efficiency of supervision and supervision.

Establish and improve the coordinated education mechanism according to law

"Based on the case, we strive to implement the concept of promoting family education in the entire process of handling the case. But the standardization and professionalism of family education still need to be improved." Said that after the court made a judgment or issued a "family education order", the family education guidance of which projects should be carried out, how to carry out more scientific and accurate guidance to parents, and these issues need to be resolved more social forces to participate in and promote together.

In April this year, 11 departments of the National Women's Federation and the Ministry of Education jointly formulated and issued the "Five -Year Plan for Guiding Family Education (2021-2025)" (hereinafter referred to as the "Plan"), which clearly proposed to improve the family education legal policy system Six key tasks and strategic measures for the establishment of inclusive family education public service supply systems and building a full -chain home -school social cooperation and education mechanism.

"Planning" provides a more specific guidance for implementing the family education promotion law. The term "collaboration" not only appeared many times in the "Planning" text. In substantially, 'collaboration' means the overall area of ​​coverage. "Chu Zhaohui, a researcher at the Chinese Academy of Education and Science, said that the establishment of" family responsibilities "," state support "and" social collaboration "special chapters of the Family Education Promotional Law, the purpose is to promote the formation of joint efforts to promote family, the country, society and other parties to jointly promote the health of family education and health. develop.

The Chongqing Municipal People's Procuratorate and the Municipal Education Commission and other departments will sign the "Opinions on Establishing a Family Education Guidance Work Like Mechanism in Cases involving minors", explore the establishment of 5 working mechanisms, deepen the guidance of family education; Lianhe District Women's Federation and other departments, establish a linkage mechanism such as "family education+psychological guidance", "family education+return to visit", absorb professional groups such as psychological counselor, family education instructor, and conduct guidance or formulation of specific plans for parents ... Practice ... Practice Among them, some local and departments actively explore and build a family education platform for multi -party participation.

"Family school social collaboration education has been written into the Family Education Promotion Law and multiple policy documents. Relevant responsible subjects need to introduce and practice family education policies and measures that are more inspected and operable. In this regard, the "Planning" points out some directions of hard work, such as promoting the people's governments at or above the county level to set up a family education guidance agency for local conditions, and provide services to families with demand in time to form local education guidance with local characteristics and group adaptive family education guidance Service mode, etc.

"The vitality of the law lies in the implementation. Gathering the various forces such as family, government, schools, and society can transform the law of law into action consciously and allow family education to escort the healthy growth of minors." The Chinese Law Society's Marriage and Family Law Lin Jianjun, Secretary -General of the Research Association. (People's Daily Ni Yan)

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