Chinanews.com, May 5 -- The Supreme People's Court and the All-China Women's Federation held a press conference on the "Opinions on Carrying out Family Education Guidance Work" (hereinafter referred to as the "Opinions") on 30 May. Duan Nonggen, director of the Research Office of the Supreme People's Court, mentioned at the press conference that the Opinions stipulate that if the parents of minors are separated or divorced, they shall be clearly informed that they shall cooperate with each other to jointly perform family education responsibilities during litigation, during or after divorce, and neither party may refuse or neglect to perform family education responsibilities, and must not compete for custody rights or obstruct the other party's exercise of guardianship or visitation rights by robbing or hiding minor children.
Duan Nonggen introduced that in accordance with the principle of the best interests of minors, the Opinions focus on issues that need to be solved urgently in judicial practice, and make provisions on regulating the people's courts' work on family education guidance. During the drafting process, the following points were emphasized:
First, implement the spirit of legislation and carry out family education guidance work in accordance with the law. The legislative purpose of the Family Education Promotion Law is to attach importance to family education and the construction of family tutoring and family style, which is an excellent cultural tradition of the Chinese nation, and to awaken parents' awareness of attaching importance to family education in the solemn form of the law. At the same time, it is clear in what ways the government and society should provide support and assistance to parents. The people's courts carry out family education guidance for parents, mainly to guide rather than coerce, support rather than management, and grasp this positioning, which will not lead to excessive interference by public power in family education. To this end, the Opinions clearly stipulate the principle of family education guidance as the first support and intervention as the supplement, requiring people's courts at all levels to pay attention to guidance and assistance, patiently and meticulously carry out family education guidance work, and try their best to reduce excessive intervention and interference in family education.
Second, adhere to the problem orientation and effectively solve difficult problems in judicial practice. Judging from the survey situation, the object of family education guidance has a dual nature, the direct target is parents, and the indirect object and the final protection object are minors. Some minors are in adolescence, their emotions, values and ability to understand and analyze problems are immature, and their thinking about problems is one-sided and extreme, which is easy to resist parents. At this time, if both parties are guided, guided and promoted minors to change their thinking, empathy, understand and respect their parents, the effect will be doubled with half the effort. Therefore, the Opinions clarify the two-way guiding principle. In the process of carrying out family education guidance, people's courts at all levels may, on the basis of circumstances and needs, include minors to participate, implement two-way counseling for parents and minors, and increase the effectiveness of family education guidance.
The third is to emphasize special protection and pay attention to the protection of the rights and interests of specific minors. The Opinions adhere to the principle of being most beneficial to minors, adhere to the standard of cultivating morality and cultivating people, disseminate the correct concept of family education, cultivate and practice the core socialist values, and promote the all-round development and healthy growth of minors. Where cases involving special groups such as left-behind minors and minors in difficult circumstances are highly concerned, the people's courts may take the initiative to carry out investigations and assessments, and when necessary, provide family education guidance in accordance with law. Where minors are sexually assaulted, abused, abducted, or violently harmed, the people's courts and women's federations shall cooperate with relevant departments, people's organizations, and social organizations in the course of carrying out family education guidance, and employ protective measures such as psychological intervention, legal aid, judicial aid, social assistance, and transfer placements as appropriate. Where minors have serious negative conduct or commit criminal acts, in the process of carrying out family education and guidance, the minors shall be followed up and educated.
Fourth, adhere to the active administration of justice, paying special attention to the issue of visits to minor children. At present, the robbery and hiding of minor children has become a high incidence in divorce cases, and this phenomenon is not only a judicial problem, but also a social problem. The people's courts actively and actively use the judiciary, and in the process of formulating the Opinions, strengthen research and careful research, and stipulate that where minors' parents are separated or divorced, they are clearly informed that they shall cooperate with each other to jointly perform family education responsibilities during litigation, during separation, or after divorce, and neither party may refuse or neglect to perform family education responsibilities, and must not compete for custody rights or obstruct the other party's exercise of guardianship or visitation rights by robbing or hiding minor children. Where provisions are violated, the people's courts will carry out education on guardianship duties and family education guidance.