Opposing unfair competition, maintaining market fairness and promoting economic development need the escort of the court. Similarly, from today’s (March 8) work report of the Supreme Court, we can also see that protecting a home also requires the strong support of the judiciary.
Protect the harbor of family happiness and the healthy growth of minors.
Resolutely oppose domestic violence, severely punish perpetrators according to law, and work with the All-China Women’s Federation to promote the effectiveness of personal safety protection orders, and issue 3,356 personal safety protection orders. Strengthen the protection of the rights and interests of women and children. Strengthen the judicial protection of the elderly and implement the provisions of visiting the elderly in the judgment. Through family trials, we will maintain and carry forward the traditional virtues of the Chinese nation of attaching importance to the family, respecting the elderly and loving the young.
Protect the healthy growth of minors. Adhere to the principle of the best interests of minors, and ensure that minors receive special and priority protection according to law. Admonish some parents for improper family education and ordering "young marriage" for their children, and issue family education orders, so that "taking care of children according to law" becomes a compulsory course for parents.
The word "bringing a baby according to law" mentioned in the report became popular with the implementation of the Family Education Promotion Law.
On January 6, 2022, the Tianxin District People’s Court of Changsha tried a dispute over the change of custody, and issued a Family Education Order to the guardian in view of his dereliction of duty, ordering him to pay more attention to the living conditions of the ward. This is the first family education order in China after the entry into force of the Family Education Promotion Law.
Is the family education order mandatory? Under what circumstances, the court will explicitly order parents to "bring the baby according to law"?
Guo Jingkun, Director of the Supreme People’s Court Office:Family education orders are mandatory. After receiving the family education order, if you don’t follow the relevant regulations, you may be fined, detained or even investigated for criminal responsibility according to law.
Family education bears the heavy responsibility of educating people, which is related to the healthy growth of minors and the future of the country. However, we have encountered many such situations. Some parents can’t correctly carry out family education and are lazy in fulfilling their obligations of custody. For example, in this case tried by the Tianxin District Court in Changsha, both the original defendant and the defendant failed to fulfill their obligations of education and protection, and ignored their children’s school and psychological and emotional needs. The court issued a family education order.
Others think that "a dutiful son is born under the stick" and educate children by beating and cursing; Some people leave their children alone after divorce. In this case, the people’s court should play a functional role, stop and correct the illegal acts according to law, and at the same time strengthen the publicity of popularizing the law and tell parents by law how to be a qualified parent. At the same time, we are also exploring the establishment of relevant mechanisms, the formation of specialized teams, the strengthening of regular return visits, follow-up and assistance, and the provision of continuous family education guidance and assistance, and the use of judicial power to protect the healthy growth of minors.
There’s an old saying, "When you are old, you will grow old.". In addition to how to teach children, the work report of the Supreme Law also mentioned that "visiting the elderly in the judgment". In another case, the old lady was 90 years old and had four sons and three daughters. Her wife died and she had been supported by her four sons in turn. Since February 2021, the eldest son stopped supporting the elderly because he could not get the house property, and then the rotation support was interrupted. The old man lived in his daughter’s house and appealed to the court to order his four sons to perform their maintenance obligations. The court ordered the four sons of the old man to pay alimony and share the future medical expenses.
In this case, the rights and interests of women, children and the elderly in the family who need special protection are mentioned in the work report of the Supreme Law every year. What kind of concept does it advocate?
Guo Jingkun, Director of the Supreme People’s Court Office:Family trial has always been an important content in the work report of the Supreme Court. Paying attention to family, harmony between husband and wife, respecting the old and loving the young are traditional virtues of the Chinese nation, and they are also the important value pursuit of family trial.
It is a matter of course to support the elderly, but in recent years, due to various reasons, there have been some problems of not supporting the elderly and respecting the elderly. In some cases, the elderly don’t want money because they want their children to "visit home often". At present, when trying cases involving the elderly, the people’s courts have gradually expanded from focusing on the protection of property rights and interests to the comprehensive protection of the property, safety and emotional needs of the elderly, promoting the improvement of the quality of life of the elderly and ensuring a sense of security for the elderly.
In addition, on the basis of deepening the reform of family trial in previous years, courts at all levels have continuously increased the protection of the legitimate rights and interests of women, children and the elderly. For example, resolutely oppose domestic violence, work with relevant departments to improve the anti-domestic violence mechanism and build a "wall" for victims. And what we just said, strengthen the care for minors, enhance the awareness of self-protection and family protection of left-behind children, and so on. Through the rule of law thinking and the rule of law, we advocate the concept of "home and everything prospers", so that the Chinese nation can attach importance to the traditional virtues of family and pass them on from generation to generation.