Beijing court improves comprehensive protection system for minors

2024-08-26

During this summer vacation, the People's Court of Xicheng District, Beijing, together with relevant departments, established the first street family visit base in the district; Students from multiple primary schools in Beijing and teachers and students from Xinjiang Uygur Autonomous Region gathered in the "cloud" of Chaoyang District People's Court in Beijing to immerse themselves in legal education and discuss the friendship between Beijing and Xinjiang; The Yanqing District People's Court, relying on the Office of the Peaceful Campus Preparatory Committee, has jointly discussed with the District Education Commission on how to promote the construction of a rule of law campus through institutionalized measures in the new semester, and empower the protection of youth rights through data sharing... The Beijing court system continues to move forward, only to build a more comprehensive protection system for minors, so that judicial protection has warmth and crime prevention has synergy. In recent years, Beijing courts have focused on their judicial functions and implemented the concept of special, priority, two-way, and comprehensive protection in every case. While severely punishing crimes that infringe on the rights and interests of minors in accordance with the law, they have adhered to the extension of "professionalization+socialization" functions and "source governance+comprehensive governance", creatively carried out social investigation and observation work, sent judicial suggestions to relevant units for the shortcomings found in trials, improved and perfected the "one-stop social" work mechanism, and actively integrated into the overall protection of minors with the power of the judiciary. Zero tolerance for crime and prevention of bullying and violence "Beijing courts adhere to a zero tolerance attitude towards criminal acts that infringe on the rights and interests of minors. In the past five years, more than 20 defendants who seriously violated the legitimate rights and interests of minors have been sentenced to life imprisonment or above. Ren Xuefeng, Vice President of the Beijing High People's Court, said that after the implementation of the" Opinions on Implementing the System of Prohibiting Employment "at the end of 2022, Beijing courts have applied the new regulations to make the first judgment in the country. Currently, more than 60 defendants who committed crimes such as abuse of guardianship and caregivers, rape, and molestation have been declared prohibited from employment, and 23 of them have been declared lifelong prohibited from employment. For minors who violate the law and commit crimes, Beijing courts adhere to the principle of "tolerance but not indulgence", treating trials as both a court for punishing and punishing juvenile offenders and a classroom for salvage education. In order to assist minors who have fallen behind in returning to society, the People's Court of Shijingshan District has cooperated with relevant departments to establish Beijing's first comprehensive juvenile assistance and education base. Through organizing minors who have fallen behind to participate in volunteer services, helping those in need return to school or employment, and providing comprehensive assistance and education, more than 50 juvenile delinquents have been helped to return to school and work. While punishing and aiding, the Beijing court strengthens the linkage between government and universities, continuously improves the mechanism for preventing and dealing with student bullying and violence, and assists schools in carrying out crime prevention work. Nowadays, Haidian Court has established the "X" plan to prevent campus violence and student bullying. In the process of adjudicating related cases, it comprehensively utilizes characteristic work such as family education guidance, psychological counseling, and observation and assistance to encourage parents, schools, and other entities to fulfill their respective responsibilities and form governance cooperation. Understanding children's inner thoughts and letting love accompany them. In the past five years, among the more than 22000 civil cases involving children tried by Beijing courts, the second most common cause of action was the request to change the custody relationship. Emotional right or wrong and property distribution often become the focus of disputes between both parties, and children's inner needs and desires are simplified into multiple-choice questions of "with father or mother". In 2023, the Xicheng District Court will initiate reforms and proactively include divorce cases involving minors in the scope of juvenile trial, with judges from the pre-trial court conducting trials and implementing a first instance responsibility system to promote the priority and continuous consideration of the legitimate interests of minors in divorce disputes. In practice, the social investigation and social observation mechanism established by the Beijing Higher People's Court introduces professional judicial social workers as social observation officers in custody and visitation cases, assisting the court in comprehensively understanding the case, participating in case mediation, and conducting follow-up inspections to fulfill effective judgment documents. Through continuous tracking and protection throughout the entire process, children's healthy growth is safeguarded. In the limited trial period, the actual situation and true thoughts of the child cannot be ascertained and understood by the judge alone or temporarily In the view of Li Luoyun, the chief judge of the Comprehensive Trial Court for Minors in Beijing High Court, professional matters still need to be entrusted to professionals. During the summer vacation of this year, Rongtong made great efforts to escort the road of growth, the Beijing Youth Network Literacy Education Practice Base and the Beijing School "Ideological and Political Course" Practice Teaching Base were established in the Beijing Internet Court, and the digital judge "Xiaowei" officially appeared, providing 200 primary and secondary school students from the city with online rule of law literacy courses. Offline, Kou Fang, Secretary of the Party Group and President of the Beijing Higher People's Court, took the lead in serving as Vice President of the Rule of Law. Currently, 539 police officers have been employed as Vice Presidents of Rule of Law in 547 primary and secondary schools in the city. In the past four years, more than 6300 legal education and publicity activities have been carried out, with an audience of over 19 million people. More than 13000 primary and secondary school students have participated in simulated courts, and a large number of original legal course readings from courts have entered the campus. Original forms of legal courses that students love, such as dramas, micro animations, and live classes, continue to emerge. In recent years, the Beijing Higher People's Court has actively created the "Beijing Law Protection for the 'Future'" publicity brand, and has deeply promoted the work of legal publicity and education for minors through "establishing a youth legal publicity team, building a legal publicity platform, developing a number of legal education courses, and cultivating a number of legal publicity sub brands". At the same time, Beijing courts have issued nearly a hundred judicial suggestions to relevant administrative departments, enterprises and institutions regarding the weak governance links found in the trial, helping to weave a stricter and denser comprehensive protection network for minors. In the trial of administrative cases involving minors, Beijing courts will incorporate substantive dispute resolution throughout the entire process. For cases that cannot be resolved through mediation or coordination, the focus will be on the substantive demands of minors, and relevant civil and criminal disputes will be resolved simultaneously to avoid "procedural idleness". The Beijing court adheres to the working philosophy of effectively integrating the trial of minors into the overall social governance and the construction of a rule of law society, and promotes the construction of a higher-level comprehensive protection system for minors Ren Xuefeng said that Beijing courts will actively fulfill their special responsibilities and missions in juvenile trials, promote the formation of more new paths for juvenile trials that are rooted in the reality of trials, adapted to the characteristics of minors, and have the characteristics of the capital, and continue to promote the high-quality development of juvenile court work in the new era. (New Society)

Edit:Lubaikang    Responsible editor:Chenze

Source:epaper.legaldaily.com.cn

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