On April 15, the Supreme People's Court issued the Opinions on Carrying Out the Work of "Caring for Minors" in Divorce Cases Involving Minor Children. The Opinions provide a template for prompts, relying on real cases, to clearly guide the parties to divorce cases to correctly handle the relationship between freedom of marriage and the maintenance of family stability, urging parents to be qualified parents, caring for and caring for minor children, avoiding the adverse impact of divorce disputes on minors, and promoting the physical and mental health of minors.
The Opinions make it clear that the governance of the source of litigation should be strengthened, the causes of juvenile crime and cases of infringement of the rights and interests of minors should be dug into, and the work of prevention and correction should be extended forward, and the integration of judicial protection and the other five major protections should be promoted. Prevent the occurrence of situations that ignore or even infringe upon the lawful rights and interests of minors or harm minors' physical and psychological health to the greatest extent possible, eliminate all negative factors that cause juvenile delinquency, and prevent juvenile delinquency.
The Opinions make it clear that the following content shall be reminded and emphasized to the parties to the divorce case on the basis of the Civil Code and relevant legal provisions, relying on real cases, to carry out the work of "caring for minors":
-- Parents have a legally-prescribed obligation to raise, educate, and protect their minor children, and shall perform guardianship duties in accordance with law, otherwise they shall bear legal responsibility;
-- Without the care and care of their parents, the physical and mental health of minor children will be affected, and in serious cases, they may be violated or embark on the road of breaking the law and committing crimes;
-- Caution should be exercised in dissolving marriage. Even if the marriage relationship is dissolved, attention should be paid to the mental health and emotional needs of the minor children, and related matters such as custody, visitation, and property should be properly handled;
-- Neither parent may violate the principle of the best interests of the minor by snatching or hiding the minor child or other means to fight for custody, otherwise he may bear adverse consequences; if the circumstances are serious, the people's court may fine or detain him, and if a crime is constituted, criminal responsibility will also be pursued in accordance with law;
- After divorce, parents still have the right and obligation to raise, educate and protect their children. Both parents should fully perform their obligations such as paying child support and cooperating with each other in exercising visitation rights as determined by effective legal documents, negotiate and cooperate with each other, and truly protect the lawful rights and interests of minor children. Where minor children cause harm to others, both parents shall jointly bear tort liability in accordance with the relevant provisions of the Civil Code.
The Opinions stipulate that local people's courts may determine the content of the "reminder" based on the actual situation. Carry out "tips for caring for minors" at various stages such as case filing, pre-litigation mediation, trial, and enforcement, through various methods such as oral notifications, on-site prompts to read, video playback, and the preparation and issuance of "tip cards" or "tip manuals" through various channels such as online and offline channels. When necessary, it may be conducted in conjunction with family education guidance efforts.
The Opinions stipulate that in cases involving minor children, such as custody disputes, visitation disputes, custody disputes, and cohabitation disputes, the work of "caring for minors" can also be carried out with reference to divorce cases. Expert interpretation
Seeing the "Opinions on Carrying out the Work of "Caring for Minors" in Divorce Cases Involving Minor Children" issued by the Supreme People's Court, Wan Ying, a judge of the Huangcun Court of the Beijing Daxing District People's Court, felt "particularly good".
As a judge who has been hearing divorce cases for 10 years, Wan Ying believes that the opinion presents in writing the content that judges orally emphasize to both parties in divorce cases in judicial practice, and contains some cases and specific legal provisions, providing unified, clear and specific reminders and norms for front-line adjudicators, so that they are aware of the need to protect and care for minors when handling such cases. For the parties to divorce cases, it has an important guiding and educational role, so that they know how to take care of their children after divorce, what to do when they encounter problems, and minimize the harm caused by divorce to children.
"A large number of divorce cases involve issues such as the custody and visitation of minor children, and these issues have even become the main focus of disputes between the parties. Wan Ying told reporters that in the process of pre-litigation mediation or trial of such cases, the judge will educate both parties in court, explain the law and reason, and emphasize that parents should cooperate with each other and jointly perform guardianship duties.
According to Guo Jiji, an associate professor at the School of Marxism at China University of Political Science and Law, the work of "caring for minors" in divorce cases involving minor children reflects the positive attitude and responsibility of the Supreme People's Court to activate the judiciary and provide protection for the healthy growth of young people.
"Divorce has a certain impact on the children, and if the parental conflicts are not properly handled during the divorce process, it will have a greater negative impact on the children. Tong Lihua, director of the Beijing Juvenile Legal Aid and Research Center, told reporters that the court's "care for minors" in handling divorce cases is an innovative measure to activate the judiciary and carry out traceability governance.
Tong Lihua said that in divorce cases, some parents quarrel or have a cold war for a long time, and the poor family environment seriously affects the healthy growth of children. Some parents even transfer the conflict to their children, deliberately setting up obstacles for each other in establishing custody relationships, child support, visitation rights, etc., and further infringe on the legitimate rights and interests of children.
Relevant surveys have found that a considerable proportion of juvenile offenders are not in place to care for their families or have improper family education methods. The prevention of juvenile delinquency needs to start from the basics, starting with emphasizing the responsibilities of guardians.
Tong Lihua believes that the significance of the reminder work is reflected in two aspects: on the one hand, parents in divorce cases are reminded to put the care and protection of minors in an important position, minimize the harm to their children due to the divorce of their parents, and properly handle issues such as custody relationship, child support, and visitation rights in divorce cases; on the other hand, the reminder work is carried out by the adjudication organs in accordance with the law. If either parent violates the relevant tips and infringes on the legitimate rights and interests of minors, they may have to bear adverse legal consequences. "The court's prompting work in divorce cases will help urge parents to better perform their guardianship duties, minimize harm to their children, and reduce problems such as pestering and pestering caused by arbitrariness. ”
"Marriage and family are a cultivation for everyone, and they are also a mirror. Guo Jiji said that when there is a problem in the marriage, both parties need to self-examine in order to truly grow. At all times, parents should do their best to consider the healthy growth of their children, so that their children can become people who have both ability and moral integrity and are beneficial to society.
Guo Jiji believes that when implementing the reminder work, the courts at all levels should take into account the specific circumstances of the region and each case, effectively remind the parents in the divorce case, provide assistance, try their best to reform, and fully guide them, so as to reduce the adverse impact of divorce on minors.
2024
China Women's Daily, China Women's Movement
Source/China Women's Daily (ID: fnb198410) Author/China Women's Daily All-Media Reporter Wang Chunxia Editor/Tian Yuan Huang Die, Chen Xiaobing Review/Yifan Producer/Zhifei
