【Society 37 degrees】
Editor's note:
There is no flashiness, no empty talk, no "title party" here.
In the age of information bombardment, we only hope to quietly record the stories around us, pay attention to the warm and cold life, and bring you to touch the body temperature of society.
Chinanews client, Beijing, December 10 (Peng Ningling), Shijiazhuang, Hebei, a four-month-old baby girl fell from the fifth floor. The child was lucky enough to save her life because of the protective net on the top of the first floor.
There are even more shocking details of this thrilling incident: the child has fallen from the building for the second time, and his father has repeatedly refused treatment... The public opinion is in an uproar, and resentful netizens are also thinking about a legal issue: to those "unworthy" parents People, really can't help them?
A baby girl falling from a building that ignited public opinion
The latest situation: the baby girl was admitted to the hospital for treatment, and the public security organ opened the case
At noon on November 30, a baby girl fell from the 5th floor in a community in Qiaoxi District, Shijiazhuang City. After the incident, the video of the baby girl rescued by the courier was screened on the Internet.
"The mother of the baby girl suffers from mental illness", "The father refuses to treat the baby girl", "The baby girl has fallen from the building for the second time", "The father bluntly said that boys are preferred over girls"... As more information is disclosed by the media, this matter has gradually ignited public opinion. .
On the ninth day of the incident, on December 8, the incident finally had a relatively complete official notification.
On the same day, the Youyi Sub-district Office of Qiaoxi District, Shijiazhuang City introduced the development of the entire incident in the bulletin:
—— At noon on November 30, after the fall of a female baby in a community in Qiaoxi District, Shijiazhuang City, a special class was set up by the Youyi Subdistrict Office under its jurisdiction in the afternoon that day. They visited her home every day, supervised treatment, and went all out Carry out treatment.
——Because the father of the baby girl refused to be treated, the staff of the special class took the baby girl to the hospital for examination and treatment on December 2 and December 5 respectively, and they were all taken home by their father.
—— After repeated work by the staff, his mother Wei was sent to a mental illness specialist hospital at 14:00 on December 4; the baby girl was sent to the Children’s Hospital for treatment at 22:00 on December 7. The vital signs of the baby girl were stable.
In addition, the above notice also responded to the judicial intervention and social assistance of public opinion: the public security organs have opened a case and carried out judicial identification of Wei according to the procedures; relevant departments have initiated the social assistance procedures.
Screenshot of the official website of the Qiaoxi District Government of Shijiazhuang City.
Two questions:
Who did this? Are they still "worthy" to be parents?
Before the official announcement, the fact that the baby girl fell from the 5th floor had been on the Internet for many days.
According to media reports, after the incident, the father of the baby girl said that he was not at home at the time of the incident. There was only the child and her mother at home. “The mother of the child is mentally ill. She may have thrown the child downstairs. Well, I have returned home from the hospital, and I only need to recuperate at home."
The father of the baby girl bluntly expressed his idea of "preferring boys to girls", "It feels different if there are girls and boys."
Obviously, many important issues in the incident of the baby girl falling from the building are still full of suspicion, and the baby girl’s father’s “indifferent” attitude in the interview made many netizens resent: “How did the child fall from the building just a few days after birth? "Refused to seek medical treatment. This obviously means that you don't want children?" "When will you not deprive you of custody at this time?"
Right now, there are two key questions about this matter in public opinion.
First, a four-month-old baby girl fell from a building. Who did it?
An Xiang, director of Beijing Dexiang Law Firm and deputy director of the Civil Law Committee of the Beijing Bar Association, believes that since the child is very young, it is very unlikely that the parents will fall downstairs if the parents are not well taken care of. The second fall shows that this Incidents do not only exist at the civil level.
"If you don't see it with your own eyes, can you rule out your father's suspicion just by saying that the mother left the child?" An Xiang believes that the father's suspicion can only be cleared after investigation by the public security organ.
From the official announcement, it can be seen that the public security organs have filed a case and carried out judicial identification of mental illness on female infant mothers. The truth is only a matter of time.
Second, fathers have repeatedly refused to treat their children. Can such fathers be deprived of their guardianship?
Guardianship disputes are ultimately a legal issue. Yang Hongsheng, a lawyer at Beijing Weiji Law Firm, said in an interview with Chinanews.com that for the guardianship of female infants, further investigation and understanding of the fall incident and facts related to guardianship obligations are required.
"For example, is the mother of a baby girl completely incapacitated? If she suffers from a serious mental illness, the father in the incident is the only guardian."
Yang Hongsheng said that if the guardian’s father only had the act of "refusal to treat", although it might infringe on the treatment rights of the female infant, according to the current law, the civil affairs department and the minor protection department can intervene, but in the first place The guardian in order, that is, the presence of the parents of the baby girl, cannot be forcibly deprived of their rights directly.
Data map: The prosecutors visit the children in the orphanage (the picture is not related to the text).
Photo by Li Xiaoming
Children are injured frequently
Lawyer: "intimate injury" deserves more serious guilt
Tiger poison does not eat children, and children can be harmed by their biological parents. This seemingly incredible thing happens frequently in real life.
"A 6-year-old girl in Fushun, Liaoning, was in danger of being abused by her mother and her boyfriend", "A 2-and-a-half-year-old boy in Shaanxi was hugged by his father and died without rescue", "A 7-year-old boy in Guangdong was abused by his biological father or faced amputation." All happened this year.
As parents of dear relatives, why are they so vicious to their children?
"For a long time, in our traditional concept, children are regarded as the private property of their parents. We forget that children have independent personalities and deserve equal respect." Yang Hongsheng believes that this is similar to people's previous understanding of domestic violence. It is the act of harm that is more than permitted by the law, and it is also considered to be his own family affair, and others have no right to intervene.
In real cases, An Xiang said that considering the injuries between family members, the handling of such cases in the past often involved practical issues.
"For example, considering that both parents are in jail, who will look after the children and who will take care of them? In reality, some are given lighter sentences, and the punishment should be as serious as the harm." An Xiang said, compared to those who have no kinship or parental relationship Strangers hurt the guardian who should have more protection and love, but the "intimate hurt" is even worse.
"The guilt of this kind of injury should be more serious." An Xiang said.
In fact, as early as 2015, there was the first case of deprivation of guardianship in China: an 11-year-old girl was sexually assaulted by her biological father, and her father was sentenced to 11 years in jail. The mother didn't care about it, and the civil affairs department finally applied for cancellation of guardianship.
This is the first judicial practice in the country after the "Opinions on Handling Guardians' Infringement of Minors' Rights and Interests in Law" jointly formulated by the "Two Highs", the Ministry of Public Security and the Ministry of Civil Affairs.
However, in the opinion of many experts, in practice, on the one hand, out of the principle of humility in the law, on the other hand, considering where the child will go afterwards, the judicial organs are very cautious in exercising the power to revoke the guardianship.
Data map (not related to graphics and text).
Photo by Zhang Chang from China News Service
The child is not the private property of the parents
Home is not a place outside the law
After an injury that occurred at home, as time passed, the scars on the children may have gradually healed, but the scars in the hearts of the children may be difficult to retreat.
So, how to reduce the harm to children?
Many legal professionals believe that the combination of the "Civil Code" that will come into effect on January 1 next year and the revised "Minor Protection Law" that will take effect on June 1 next year can improve the protection of minors. Good protection.
For example, the "Guardian" section is set up in the "Civil Code" General Chapter, and the "Minor Protection Law" also clarifies the family guardianship duties and the national guardianship system.
The revised Law on the Protection of Minors clarifies that any organization or individual has the right to discourage, stop or report to the public security, civil affairs, and education if any organization or individual discovers a situation that is harmful to the physical and mental health of minors or infringes on the legal rights and interests of minors. Reports and complaints filed by relevant departments.
State organs, residents committees, village committees, units and their staff in close contact with minors who find that minors’ physical and mental health has been violated, suspected of being violated, or are facing other dangerous situations shall immediately report to the public security, civil affairs, and Education and other relevant departments report.
"That is to say, any person who discovers facts that are not conducive to the physical and mental health of minors can apply for public power intervention, such as reporting to the public security organ." Yang Hongsheng said that according to the revised law, there are multiple relevant local governments. Departments can directly intervene, and relevant departments can apply to the court to change the guardian.
An Xiang believes that it is necessary to break the public's traditional understanding of "home".
"Whether it is the Law on the Protection of Minors or the Law against Domestic Violence, it is stated that the law should and has the right to intervene in the domestic affairs of citizens. Especially when there are already violent acts of violence in the family, the law must be implemented. Its coercive force protects the weak."
An Xiang said that in order to increase punishment, it is necessary to clarify and unify some judgment standards and standards through judicial interpretations or publishing typical cases, so that people can truly feel that this behavior has exceeded ordinary harm. .
"Children are not the private property of their parents, and the'home' is not a place outside the law." Yang Hongsheng also emphasized that all parents or those who are about to become parents should bear family responsibilities and learn scientific parenting, and the law is always the bottom line of human behavior. .
(Finish)