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strengthen the performance of duties and urge negligent parents to take care of their children according to the law

2024-09-19

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□ our reporter ma weibao

□ our correspondents sun jinying and wang xin

the family is the first school in a child's life, and parents are the first teachers in a child's life. since the implementation of the family education promotion law, the people's procuratorate of xinye county, henan province has strengthened its integrated performance of duties, integrated family education guidance throughout the entire process of juvenile prosecution work, consolidated the main responsibility of the family guardianship of minors involved in the case, and urged negligent parents to take care of their children according to the law.

integrated performance of duties

"auntie prosecutor, the long-delayed child support from my dad has finally arrived. my grandparents are smiling more often, and everything is getting better..." this is a thank-you letter written by an underage girl, xiaozhen (pseudonym), to the prosecutor.

after xiaozhen's mother passed away, her father chen refused to raise her and her younger brother for a long time. the two siblings had no choice but to live a difficult life with their elderly grandparents.

after the case was transferred to the xinye county procuratorate for review and prosecution, the prosecutor found that chen had been beating and insulting the siblings for a long time, and refused to fulfill his obligation to support them, which had caused great harm to their physical and mental health. the siblings were unwilling to live with their father. xiaozhen's grandparents filed a lawsuit to change the custody. the procuratorate supported the lawsuit, and the people's court ruled to change the custody of the siblings to be raised by their grandparents.

in order to urge chen to continue to perform other legal obligations, and to help xiaozhen's grandparents better perform their guardianship duties and heal the trauma of the two siblings, the prosecutor used the "one-in-one multi-dimensional" family education guidance and cooperation mechanism to hire an experienced family education instructor to provide xiaozhen's father and grandparents with "menu-style training" including legal knowledge, communication skills and other courses. in august this year, the prosecutor found during a follow-up visit that the physical and mental state of the two siblings had returned to normal.

in order to help more minors like xiaozhen, the xinye county procuratorate took the lead in convening a family education guidance symposium, and signed the "measures for carrying out family education guidance in handling cases involving minors (trial)" with six units including the county people's congress, the cppcc, and the women's federation. it made specific provisions on the basic norms for carrying out family education guidance, the division of functions of relevant departments, etc., laying a solid foundation for the comprehensive development of family education guidance work.

in addition, the xinye county procuratorate promoted the county women's federation to establish the city's first "family education guidance service station", setting up special areas such as family education guidance classrooms, psychological counseling rooms, and group activity rooms, giving full play to the functions of family education guidance, assistance and education of minors involved in crimes, and parenting education, to promote the deep integration of judicial protection and family protection.

xinye county procuratorate also attaches great importance to cultivating professional teams, and has carefully built a professional team of helpers and educators for minors involved in the case, which consists of prosecutors, specially invited assistant prosecutors, family education instructors, and psychological counselors, forming a full-coverage personnel structure of "professional intervention + comprehensive guidance". so far, the court has hired two family education instructors, two specially invited assistant prosecutors from the civil affairs bureau, women's federation and other departments, and four psychological counselors, integrating the strengths of various parties to enhance the effect of helpers and educators for minors involved in the case.

full process coverage

the quality of family education is directly related to the healthy growth of children. from the previous judicial practice, whether a child commits a crime or is unfortunately violated by an illegal act, there are more or less problems in family education such as lack of guardianship and improper discipline.

when handling a series of cases in which entertainment venues organized minors to engage in activities that violated public security management, prosecutors from the xinye county procuratorate found that most of the organized minors had distorted values ​​and views on money due to the lack of family education.

in order to help these minors get back on the right track, prosecutors from the xinye county procuratorate promoted the women's federation to take the lead and invited the county education bureau, the county committee for the care of the elderly and other units to participate in the family education guidance for the minors involved in the case, to help the minors involved in the case establish positive and correct values, to guide parents to pay attention to the ideological trends of their children during their growth process in family education, to guide their children step by step to walk on the right path, and to issue supervision and guardianship orders in accordance with the law to parents who fail to perform their duties.

in handling criminal cases involving minors, the xinye county procuratorate pays attention to reviewing every case, and includes the growth process, guardianship status, family situation, etc. of the minors involved in the scope of social investigation. it comprehensively reviews and analyzes the family education situation, evaluates the relationship between poor family guardianship and the problems of minors involved, finds out the reasons why minors are involved in crimes or are violated, and conducts a comprehensive assessment based on the results of the social investigation, providing important reference for carrying out effective family education guidance.

cases are graded and handled according to the family education assessment. if there is improper or missing family guardianship that has not yet led to serious consequences, a supervision guardianship order will be issued in a timely manner, and parents or other guardians will be ordered to receive family education guidance when necessary. if parents or other guardians seriously infringe upon the legal rights and interests of the ward, it is recommended or supported that the relevant individuals or organizations stipulated by the law apply to the court to revoke the guardianship qualifications... up to now, the xinye county procuratorate has issued more than 30 supervision guardianship orders, promoted family education guidance for more than 50 people, and supported the revocation of the guardianship qualifications of one person.

for families that have completed family education guidance, the xinye county procuratorate sets a three to six-month follow-up period based on the education situation, and conducts monthly return visits to minors and their parents or other guardians to assess the possibility of recidivism of minors who have committed crimes, and promptly follows up on the problems found. so far, the procuratorate has conducted more than 80 follow-up visits and provided guidance on solving three family protection-related issues.

diversified tutoring

"we not only need to help minors solve their current difficulties through comprehensive performance of duties, but also illuminate the future for minors in need through diversified assistance and relief." yang yanhua, a prosecutor at xinye county procuratorate, said when handling a case involving minors.

in judicial cases, for minors involved in the case whose families are truly in difficulty and meet the conditions for assistance, the xinye county procuratorate strictly carries out judicial assistance in accordance with relevant legal provisions, and takes the initiative to contact civil affairs, education and other departments to provide social assistance to minors involved in the case who have dropped out of school or are unemployed, effectively conveying the warmth of justice.

since 2022, the xinye county procuratorate has issued a total of 250,000 yuan in judicial aid to 37 underage victims and their families with difficulties in life, and provided education and employment assistance to seven people.

the xinye county procuratorate took advantage of important nodes such as family education promotion week and procuratorial open day, and through tweets on its official wechat public account, it gave detailed interpretations of the law on the protection of minors, the law on the prevention of juvenile delinquency, the family education promotion law, etc., to implement the law through case interpretation, guide parents to raise their children according to the law, and supervise the implementation of family protection responsibilities for minors.