Family education orders, how to escort children's growth path
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Article 49 of the Family Education Promotion Law, which came into effect on January 1 this year, stipulates that in the process of handling cases, public security organs, people's procuratorates, and people's courts discover that minors have committed serious bad behaviors or committed criminal acts, or that minors' If parents or other guardians infringe upon the lawful rights and interests of minors by improperly implementing family education, the parents and other guardians shall be reprimanded according to the situation, and they may be ordered to receive family education guidance.
Whether this judicial measure can be implemented has become a hot topic.
17-year-old Xiao Pan danced in a disco and clashed with others. He called 16-year-old Xiao Tang and 16-year-old Xiao Li to help fight, causing several minor injuries.
During the trial, the court fully understood and urged the parents of the three defendants to neglect discipline and fail to perform their family education duties correctly. Guide parents to fulfill their family education responsibilities in accordance with the law.
Song Xiaofeng, deputy chief of the Criminal Trial Division 1 of the Liaoning High Court, said that after the sentence was pronounced, the court also invited a family education instructor to give family education guidance to the three defendants and their parents.
On May 31, the Higher People's Court of Liaoning Province reported on the judicial protection work of minors in Liaoning courts in recent years, saying that this is the first time that a Liaoning court has issued a family education order in a criminal case for minors.
In the six months since the implementation of the Family Education Promotion Law, Hunan, Beijing, Jiangsu, Liaoning and other places have successively issued family education orders.
How is the implementation of this judicial measure, and can it escort the growth of children?
Not limited to "one paper ruling"
"In the future, I will definitely take him by my side, educate him well, and be a good father." On January 13, Xiao Cong's father assured him after receiving the family education order.
In October 2021, 16-year-old Xiao Cong went to Shenyang to work alone. In order to meet his living expenses, he had the idea of snatching mobile phones for money.
On the day of the incident, he was in a mobile phone market in the name of wanting to buy a mobile phone, and asked the shopkeeper to take out multiple mobile phones to choose from. When the shopkeeper was not paying attention, he snatched the two mobile phones and fled the scene.
"If Dad could take care of me more, I might not commit crimes..." Sun Baoying, a prosecutor from the First Procuratorate of the Shenyang Dadong District Procuratorate, saw such a sentence in Xiao Cong's letter of repentance.
Xiao Cong's parents divorced when he was young, and he was supervised by his father, and his grandmother took care of him.
The procuratorate issued a family education order to Xiao Cong's father, requiring him to establish a correct concept of family education and maintain normal communication with the child; to spend as much time as possible with the child to establish a good parent-child relationship; to cultivate the child to form good living habits and prevent bad habits behavior; receive family education guidance from specialized institutions.
It is worth noting that the family education order is not limited to a "one paper ruling". The local judicial social work agency also gave Xiao Cong's father a three-month family education guidance. The procuratorate commissioned a special agency for Xiao Cong to conduct psychological evaluation and Grooming.
Some so-called "people from the past" will promote the misconception that "filial sons are born under the stick", and believe that there are no children who are not well managed, but only parents who are reluctant to beat them.
Qin Xufang, a professor at the School of Preschool and Elementary Education at Shenyang Normal University, believes the family education order will correct similar misconceptions.
still under development
When the reporter reviewed the education orders in various places, they found that guardians were reprimanded or ordered to accept family education guidance. There are mainly two cases. One is that the parents are neglected or improperly educated;
During the implementation process, the duration of guidance varies from place to place, with a maximum of one year.
"At present, there is no unified standard, and it cannot be unified." Qin Xufang said that whether it is error correction or change takes time, how long this cycle is depends on the individual's willingness and ability to comprehend.
So, how does the implementation work?
Qin Xufang introduced that there is a system of return visits by judges in juvenile trials.
For the family education order, the court will also require the judge to return to visit regularly, and if the responsibility is not fulfilled in place, it will be issued again.
However, the guardian's inappropriate educational behavior is "hidden" in the family, and it is difficult to supervise the guardian's unit, the minor's school, and the community from time to time.
After receiving the first home education guidance, Xiao Cong's father said that according to the parent-child education method taught by the teacher, his relationship with his children has improved significantly.
However, the improvement of family education requires long-term efforts of parents. After the guidance period stipulated by the law, whether the future effect can be guaranteed or whether it can form inertia is unknown.
According to relevant regulations, at present, only follow-up "severe punishment" can be used to supervise. If the behavior is not completely or effectively corrected, the ward himself and the unit that has close contact with the minor can apply for an extension; if the performer refuses to perform his obligations or even intensifies, the court will Depending on the seriousness of the circumstances, they will be reprimanded, fined, or detained; if a crime is constituted, criminal responsibility will be investigated according to law.
"Discipline is only an afterthought, and it is more important to guide to eliminate the root cause." Pan Guohong, a senior family education instructor of the Ministry of Education and founder of the Shenyang Positive Discipline Parent Growth Station, said that the existing family education guidance is not standardized and professional enough. Meet the current needs of guardians.
"Let the law be a hard binding"
"The Family Education Promotion Law is not only a binding legal text, but also a popular reading book for family education knowledge that is worthy of serious study by all parents and relevant staff." Pan Guohong said.
She suggested strengthening the popularization of the family education law.
Organize the majority of parents and related personnel to participate in the law popularization training of the family education law, improve the awareness of the family education law, guide the majority of parents to assume the responsibility of family education according to law, actively participate in home-school cooperation and joint education, and promote the healthy growth and all-round development of minors .
Recently, the Juvenile and Family Case Trial Division of the Intermediate People's Court of Shenyang City, Liaoning Province issued a family education order to the father who had not fulfilled his children's education responsibilities for a long time in a divorce dispute case.
After the man left home in a fit of anger, the two parties were separated for two years. During this period, both daughters were raised by the woman. The man, as the child's father, has not fulfilled his family education responsibilities.
The Shenyang Intermediate People's Court issued a family education order, ordering the father of the child to earnestly fulfill his family education obligations and provide comprehensive protection for the healthy growth of the child.
Sun Shuo, the presiding judge of the Juvenile and Family Case Tribunal of the Shenyang Intermediate People's Court, believes that improving the enforcement of the Family Education Law and more and more cases involving the Family Education Law will give warnings to more parents and relevant responsible subjects, and make the law more rigid. constraint.
Pan Guohong said that in order to ensure that the family education order is effective, it is also necessary to explore and vigorously introduce professional forces, and establish a linkage mechanism between family education, psychological counseling, and return visits and assistance.
Establish a common supervision mechanism for schools, communities and society.
In addition, targeted protection mechanisms should also be established for key groups such as left-behind children.
In addition to legal education, families, schools and society should work together.