The purpose of the family education order of the court

Since the implementation of the Family Education Promotion Law, the mechanism of home-school social collaborative education has been continuously established and improved.

Promoting family education according to law and protecting children's healthy growth

On June 65438+1 October1this year, the first family education law in China, People's Republic of China (PRC) Family Education Promotion Law, was officially implemented, marking the rise of family education from the traditional "family affairs" to the "state affairs" in the new era.

The Family Education Promotion Law establishes the code of conduct of family education from a legal height, and also sets measures and targets for the guidance, support and service of the state and society to family education. It not only punishes "nurturing without teaching, supervising without caring" according to law, but also corrects "teaching without force, teaching without righteousness" according to law, establishes and improves the social cooperative education mechanism of home and school, and promotes the healthy growth of minors.

The "tutor order" shall be executed by the people's court.

Important Judicial Measures of Family Education Promotion Law

On June 6, 65438, the Tianxin District People's Court of Changsha City, Hunan Province issued a special ruling-the first "Family Education Order" in China after the implementation of the Family Education Promotion Law.

The incident originated from a custody change dispute tried by the hospital. In 2020, after Hu and the agreement divorced, her daughter was raised by her mother, and her mother was neglected for a long time. After father Hu knew it, he fulfilled his obligation of raising and caring for his children by asking a nanny, but only let the children live alone with the nanny.

In view of the fact that both parents are lazy in performing their duties of raising and guardianship, and the children expressed their willingness to live with their mothers, the court held that the mother should be given another chance to correct her mistakes and actively perform her duties of raising and guardianship again, and finally decided that the mother should continue to perform her duties of guardianship.

However, the judge in charge of the case realized that the real protection of children's rights and interests could not be achieved by a single verdict. In the two months of 20021and 10, the family education promotion law was passed, which enabled the presiding judge to find the legal basis for correcting such behaviors as "parents refused to perform their family education responsibilities" and "improper implementation of family education infringed on the legitimate rights and interests of minors".

The Law on the Promotion of Family Education stipulates that public security organs, people's procuratorates and people's courts, in the course of handling cases, find that minors have serious bad behaviors or committed criminal acts, or that parents or other guardians of minors have improperly carried out family education and infringed on the legitimate rights and interests of minors, they can admonish their parents or other guardians according to the situation and order them to receive family education guidance.

On this basis, the presiding judge drew up a "child protection order", which was finally issued in the form of a "family education order" under the guidance of the Supreme People's Court. The Family Education Order stipulates that mothers should pay more attention to their children's physical, psychological and emotional needs and keep in touch with teachers at least once a week; Children should not be allowed to live alone with nannies, but should live with their mothers and be raised and accompanied by their mothers or close relatives; Those who violate the ruling shall be investigated for legal responsibility according to law, depending on the seriousness of the case.

"The family education order is an important judicial measure for the people's court to implement the family education promotion law, and it is a powerful judicial means to restrain and punish the behavior of' nurturing without teaching, supervising without caring' in family education according to law." The relevant person in charge of the the Supreme People's Court Juvenile Court Office said that in order to further standardize the family education guidance work of the people's courts and ensure the accurate, unified and effective implementation of the Family Education Promotion Law, the Supreme Law is currently studying and formulating the Opinions of the Supreme People's Court on Family Education Guidance, with a view to giving clear and standardized guidance to the application, educational content, guidance procedures and legal consequences of the family education guidance work of the people's courts.

Correcting "a dutiful son comes out under a stick"

Wrong ideas such as "no weapons"

It is understood that the people's courts in Beijing, Hunan, Jiangsu and other places have successively issued "family education orders". Through combing, it is found that there are three main situations in which parents and guardians are admonished or ordered to receive family education guidance: first, neglect of discipline or improper upbringing leads to juvenile delinquency or misconduct; Second, the breakdown of marriage affects the healthy growth of minor children; Third, there is a lack of supervision over the online activities of underage children.

"In addition to restraining and punishing' nurturing without teaching, supervising without inspecting' according to law, the people's courts also insist on paying equal attention to punishment and correction, and correct and guide the family education behavior of' teaching but not teaching properly' according to law." The person in charge said that some family education orders are not limited to post-event accountability, but also adopt a forward-looking, communicative and guiding approach.

In a case of a dispute over changing the dependency relationship tried by the People's Court of Chaoyang District, Beijing, the court found that the father frequently used beating, scolding and punishment to educate his children, and there was excessive punishment, and ordered him to receive family education guidance.

Through judicial judgment, the court corrected this simple and rude way of education, and at the same time reminded parents to abide by the relevant provisions of the Family Education Promotion Law, discipline their children reasonably according to law, and correct the wrong concepts such as "a dutiful son is born under a stick" and "no weapons". Excessive punishment of children will be bound and punished by law.

In July, 20021year, Xiaowen (pseudonym), who is not yet an adult, was lured by his friends and ganged up to steal a motorcycle. After the incident, Xiaowen voluntarily surrendered himself and returned the stolen goods. After interrogation, interview and investigation, the prosecutor found the crux of the problem: his parents thought that their children were supervised by teachers at school, so they could work with peace of mind and ask less about their study life. "The reason why children commit crimes is closely related to parents' failure to perform guardianship duties and lack of family education." The prosecutor said.

In June 5438+10, the People's Procuratorate of Youyang Tujia and Miao Autonomous County in Chongqing made a conditional decision not to prosecute Xiaowen according to his criminal circumstances and attitude of admitting his mistake. At the same time, he issued a supervision and guardianship order to his parents, and put forward specific requirements for guardians from the aspects of performing guardianship duties according to law and strengthening children's awareness of self-protection. After the supervision and guardianship order was issued, the prosecutor also established an online procuratorial WeChat group with social work organizations to provide psychological counseling and help Xiaowen, and made a return visit plan.

"The supervision and guardianship order is an innovative measure for procuratorial organs to implement the family education promotion law, strengthen supervision and intervention on guardianship behavior, and promote the construction of family education protection defense line." Na Yanfang, director of the Ninth Procuratorate of the Supreme People's Procuratorate, said that when handling juvenile cases, procuratorial organs put forward specific requirements for guardians according to different cases and specific problems existing in guardianship duties, and urged and guided guardians to effectively perform guardianship duties by admonishing them, ordering them to receive family education guidance, and coordinating the provision of family education guidance. At the same time, it is necessary to pay attention to cooperation and linkage, guide multiple forces to actively participate through departmental cooperation and coordination mechanisms, give play to the advantages of joint efforts, and improve the quality and efficiency of supervision and guardianship.

Establish and improve the cooperative education mechanism according to law

"Based on the case, we will strive to implement the concept of promoting family education in the whole process of handling cases. However, the standardization and professionalism of family education still need to be improved. " Wu Yun Ga, a judge in the juvenile case trial court of Pinggu District People's Court in Beijing, said that after the court made a judgment or issued a "family education order", which projects should be given family education guidance and how to give parents more scientific and accurate guidance, the solution of these problems needs more social forces to participate and jointly promote.

In April this year, the All-China Women's Federation, the Ministry of Education and other 1 1 departments jointly formulated and issued the Five-year Plan for Guiding and Promoting Family Education (202 1-2025) (hereinafter referred to as the Plan), clearly proposing to improve the legal and policy system of family education and build an inclusive public service supply system for family education.

"The plan provides more specific guidance for the implementation of the Family Education Promotion Law. The word' collaboration' not only appears many times in the planning text, but in essence,' collaboration' means comprehensive coverage. " A researcher at the Chinese Academy of Educational Sciences said at the beginning that the Family Education Promotion Law has set up special chapters such as "family responsibility", "state support" and "social coordination" to promote the joint efforts of families, countries and society to promote the healthy development of family education.

The Chongqing Municipal People's Procuratorate, the Municipal Education Commission and other departments will sign the Opinions on Establishing a Linkage Mechanism for Family Education Guidance in Handling Minor Cases, explore the establishment of five working mechanisms, and deepen the work of family education guidance; The People's Court of Miyun District of Beijing, in conjunction with the Women's Federation of the district, has established linkage mechanisms such as "family education+psychological consultation" and "family education+return visit assistance" to attract professional groups such as psychological counselors and family education instructors to guide parents or formulate specific plans. In practice, some localities and departments actively explore the construction of a multi-party family education platform.

"Home-school social collaborative education has been written into the Family Education Promotion Law and a number of policy documents, and the Ministry of Education and other departments have also included it in the annual work points." Chu believes that to promote and improve the social cooperative education between home and school, it is necessary for relevant responsible subjects to introduce and practice more testable and operable family education policies and measures. In this regard, the plan points out some efforts, such as promoting the people's governments at or above the county level to set up family education guidance institutions according to local conditions, providing services to families in need in time, and forming a family education guidance service model with local characteristics and group adaptability.

"The vitality of law lies in its implementation. Only by bringing together the forces of family, government, school and society can we turn legal provisions into action consciousness and let family education better protect the healthy growth of minors. " Lin Jianjun, secretary general of china law society Marriage and Family Law Research Association, said.