How can parents "bring their baby" to not touch the bottom line of law?Keep in mind these three points
Author:Voice of Women's Federation o Time:2022.07.19
The Family Education Promotion Law implemented on January 1 this year has opened the era of "bringing a baby according to law". Judges and prosecutors who have many years of judicial experience in the Haidian Court of Beijing and Haidian Procuratorate have found that behind each minor suspected of crime, there is actually a problem family: the mother runs away from home, the father will only scold, 16 After the age of the age of illegal, he learned to say "thank you" under the education of the prosecutor; the 12 -year -old daughter was raped, and the single -parent mother was obsessed with the mobile phone. The sentence was sentenced, and the parents also received a family education order issued by the court.
So, how can parents "bring their baby" to not touch the bottom line of law? The judges and prosecutors give the answer in an invincible, and keep in mind the three taboos: being a parent is not easy, you must not be born, raised but not taught, and teach.
Cases without raising: 16 -year -old boy learned to say "thank you"
The thin little army (pseudonym) stood on the corner of the street, and his cold eyes stared at the crowds, looking for the target. "Thief!" Knowing that he was missing again, Xiaojun escaped without life ...
"Hello, know, I am Yang Xin'e, a prosecutor of Beijing Haidian Procuratorate, responsible for your case ..." In the interrogation room, the prosecutor opened the case volume and greeted the young man in front of him. However, the words seemed to be sucked into the black hole and did not get any response from the teenager. The teenager just sat coldly.
Yang Xin'e's heart was "stunned". From the reaction of the teenager, he was neither afraid, nor regret, or even hope ... What kind of child is this? What kind of damage he has suffered? How can I open his heart ...
After the trial again and again, the prosecutor talked to the teenager with the gentlest tone and the slowest tone. After several contacts, from the analysis of various details, Yang Xin'e believes that the feelings of teenagers are not cold, and they are more like being blocked by the shackles for a long time. They have been habitually rigid, and the key to open the lock should be the young family of the teenager.
From the perspective of the family, the prosecutor continued to do the job of teenagers. Finally, Xiaojun revealed the memories that had been scarred but still painful -he vaguely remembered that when he rarely, his mother was gone. Later, the people in the village said they were out of home; For the relief of the golden days, the communication between father and son is basically abuse and slap; to the fifth grade, the small army can no longer stand this life and starts wandering, but the society has not brought him any warmth. He was in his early ten. No one cares, but there is no food and clothing. You can only live with zero workers and stealing a life.
Prosecutors commissioned judicial social workers to conduct social investigations on the small army, helped him apply for legal aid lawyers, and hired a psychological counselor to do a psychological guidance. With the help of prosecutors, social workers, lawyers, and psychologists, Xiaojun not only provided the case truthfully, but also solved the knot of the heart for many years.
Under the sincere care, Xiaojun will say "thank you" to the prosecutor who handed him to the water, and every time he interrogates, he will also say "goodbye" to the prosecutor. In the eyes of others, this most basic social etiquette, young children have learned, but these are the 16 -year -old army followed by prosecutors.
In the end, the procuratorial organs made incompetence on the small army. During the inspection period, the small army was sent to the minor observation base and served as a waiter in a restaurant. Because the little army was safe and willing, he quickly transferred from the post of a bowl to the post of dishes. He had the opportunity to contact more people and learn more social skills. He finally learned to integrate into the society and support himself with his hands.
Cases without teaching: Mother and daughter are obsessed with her mobile phone 12 -year -old daughter raped
Single -parent families are not easy, especially single mothers, one person pulling children is even more difficult. In Xiaoyu's (pseudonym) mother, as long as she can make money to raise children.
Every day after school, Xiaoyu is accustomed to a deserted and empty house. She took out her mobile phone and played. The mobile phone was the playmate given to herself by her mother, and the mother was the same. Also swipe your phone.
Since the divorce, Xiaoyu's mother has suffered from serious "mobile phone dependence". Her daughter asked her to check the homework. She played her mobile phone, her daughter wanted to talk about her mind, she played with her mobile phone, her daughter wanted her mother to accompany, she was still playing with her mobile phone ... Gradually, Xiaoyu also felt that her mobile phone was her best companion.
With a mobile phone, Xiaoyu suddenly found a dating software, and registered when I felt interesting. Soon, Xiaoyu received an invitation from a stranger Kobayashi (pseudonym). After that, Kobayashi often asked Xiaoyu to chat, share hobbies, and play games together. Xiaoyu lacks his father's love and lacks his mother's company. He regards Xiaolin as his elder brother and is a close friend. He will talk to Kobayashi when he encounters difficulties in learning and life. Although the two are young, their affection is gradually born.
During the holidays, Kobayashi was going to travel, and Xiaoyu Gang and his mother also wanted to go out and disperse, and met to play in the suburbs. In the evening, the two lived in the same room and eventually had sexual relationships, and Xiaoyu at the time was only 12 years old.
In the end, Kobayashi was sentenced to punishment for rape.
Cao Xiaoying, a judge of Beijing Haidian Court, said that when he tried the case, Xiaoyu's mother regretted it and was angry at Xiaolin, who was 16 -year -old.
"Both of them in this case are minors. Although they voluntarily have sexual relationships, because the girls are under the age of 14, the boy also knows the girl's real age, so it constitutes a crime of rape." Cao Xiaoying pointed out that Xiaoyu and Xiaolin are young and ignorant. In the period, the mind is not sound and cannot correctly understand sex. Therefore, as parents, they should pay attention to their children's growth and change in time, and give their children properly to prevent children from causing big mistakes and harming them due to ignorance. In particular, the divorced parties should properly handle the relationship between the children of the minor and each other, and they should pay attention to the children's emotional needs. It is necessary to avoid the use of children's use of emotional sustenance for others, and to avoid the children's pusses between their parents to use the divorce parties between the two parties. The contradictions evade discipline and avoid children from going astray because of negligence. Teaching but improper case: Children enter the court to issue a family education order by mistake
"It is not a problem that can be solved with money!" This is the bad idea of many wealthy families instilling to children. It is this kind of education that harmed the 16 -year -old Wang Meng and Li Xiao (the names of them).
Wang Meng and Li Xiao are superior to the family. They are second -year students in a boarding school. Due to the good family conditions, Wang Meng became the "student head" in the class, and even in the relationship with several netizens.
In the summer vacation of 2021, Wang Mengzheng played with several classmates. One of them cried and begged Wang Meng for help: Brother, my girlfriend said that he was teased.
This is okay! Wang Meng immediately wanted to go to the classmates, and met the other party to meet. Wang Meng was worried that there were many other people, and immediately called Li Xiao and a netizen to ask them to find someone to "help".
At 1 o'clock at night, the two sides met at the agreed location. The age and number of Wang Meng accounted for an advantage, and the other party quickly admitted. Wang Meng and others refused to stop, asked the other party to kneel on the ground, and used mobile phones to record videos, and temporarily asked for the other party to ask for money, forcibly transferred more than 3,000 yuan from the other party WeChat. After that, Wang Meng, Li Xiao and others took more than 3,000 yuan to Sanlitun bar, and spent the money in less than 1 hour.
The other party reported the police. After identification, the three victims had multiple injuries on the face, eyes, and limbs, and two of them constituted a minor injury. Police captured Wang Meng, Li Xiao and others. At this time, Wang Meng and other talents realized that they had a big disaster and constituted a crime. It was not a problem that could be solved by spending money.
In the end, Wang Meng, Li Xiao, and others were sentenced to one to two years in prison for committing guilty of fighting and provocative trouble. Considering that the defendants were minors, they actively compensated each other and obtained forgiveness, and the attitude of confession and regret was guilty. Waiting for the factors, the case is applicable to probation.
According to the judge, during the trial of the case, in view of the three defendants who were first involved in crime, the court found that the cause of crime had a lot to do with the family environment. The parents of the three defendants are not in place: or after divorce, the child is handed over to the grandparents to take care of the discipline, or is busy with the career, or strive to create superior conditions to ignore moral education, lack of minors to minors The attention of psychological conditions and emotional needs has not been able to discover and correct the deviation behavior of the existence of minors in time, which in turn has led to three defendants to commit illegal crimes with others.
In order to urge the parents of the three defendants to fulfill their family education responsibilities according to law, and to change the new family environment, the judge issued a family education order to the parents of the three defendants after the verdict, and conducted a targeted family education guidance.
Four situations are easy to "violate the law" to bring baby
According to trial practice, Cao Xiaoying, judge of the Beijing Haidian Court, summarized four family conditions. Parents are easy to "illegally" bring their baby: parents are busy with their livelihood or are committed to their careers, let their children become left -behind children, or take care of relatives and nanny to replace money instead of companionship with money instead Nourishment; families who are inadequate, constant conflicts, and tight atmosphere; they cannot handle the relationship between parents and children correctly after divorce. , Legal consciousness, insufficient safety awareness, and families with insufficient consequences of harm.
So what is the right family education? Prosecutor Yang Xin'e introduced that the Promotion of Family Education promotes the method of nine family education for parents' reference, including self -supporting and strengthening parent -child companionship. Among them; subtly, the combination of words and educational; strict and compassion, care for love and strict requirements; respect differences, scientific guidance based on age and personality characteristics; equal exchanges, respect, understand and encourage; promote each other, parents and and with Children grow together; others are beneficial to the comprehensive and healthy growth of minors.
Related suggestions: Lack of professional social forces to carry out case counseling
"We found in the exploration that we are currently lacking in the professional forces that truly carry out case counseling. Behind every minor suspected of crime, there is actually a problem household. However, the problem we currently encounter is in short supply, and there are no good professional forces that can undertake their case counseling. Of course, this also requires the implementation of government purchase services and related support support policies. "Yang Xin'e said.
In addition, Yang Xin'e suggested that relevant government departments should actively implement the laws involving minors. For example, she said that the Haidian District Education Commission has established a "district-school district-school" three-level parent school service system. "I hope that there can be more departments and units innovative measures to implement the system stipulated in the law." Cao Xiaoying also pointed out that parents are the main body of family education, and they should take the initiative to learn relevant laws to truly understand the connotation of "bringing baby in accordance with the law"; take the initiative After receiving family education guidance, when parent -child contradictions have appeared, they receive psychological counseling and family treatment in a timely manner; at the same time, improve their own cultivation, combine the words and teachings, do a good job of children's examples, and give children correctly through their own words and deeds; and strengthen the school with schools. The teacher's communication, understanding the performance of the child in school, and paying attention to the changes of the child. She also suggested that schools, hospitals, communities and other units and staff who closely exposed to minors should also raise awareness of the protection of minors, and find that the physical and mental health of minors may be infringed, the existence of violations, or in danger should be reported in time.
Source/Beijing Daily Client
Edit/Liu Bin
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