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Opinions on Efforts to Carry Out Family Education Guidance

Supreme People's Court, All-China Women's Federation

Notice on the Release of 'Opinions on Efforts to Carry Out Family Education Guidance'

Issued by the Supreme People's Court

 

The Higher People's Courts and Women's Federations of all provinces, autonomous regions and directly governed municipalities, the Military Court of the People's Liberation Army, the Production and Construction Corps Branch of the Higher People's Court of the Xinjiang Uygur Autonomous Region, and the Women's Federation of the Xinjiang Production and Construction Corps:

In order to encourage the parents or other guardians of minors to perform their family education duties in accordance with law, to protect the lawful rights and interests of minors, to prevent minors from breaking the law and committing crime, and to ensure the healthy growth of minors, in accordance with legal provisions such as the 'PRC Law on the Protection of Minors', the 'PRC Law on the Prevention of Juvenile Delinquency', and the 'PRC Law on the Promotion of Family Education', and combined with judicial practice, the Supreme People's Court and All-China Women's Federation have formulated the 'Opinions on Carrying Out Family Education Guidance Work'. These Opinions are hereby issued, please implement them conscientiously and according to actual conditions. Please report problems encountered during the process of implementation separately to the Supreme People's Court and the All-China Women's Federation in a timely manner.

29 May, 2023

 

Supreme People's Court, All-China Women's Federation

Opinions on Efforts to Carry Out Family Education Guidance

 

These opinions have been formulated in order to encourage the parents or other guardians of minors to perform their family education duties in accordance with law, to protect the lawful rights and interests of minors, to prevent minors from breaking the law and committing crime, and to ensure the healthy growth of minors, in accordance with legal provisions such as the 'PRC law on the Protection of Minors', the 'PRC Law on the Prevention of Juvenile Delinquency', and the 'PRC Law on the Promotion of Family Education', and based on actual work conditions.

I. General Requirements

1. The people's courts shall adhere to the following principles when carrying out family education guidance work:

(1) The best interest of minors. Respect the personal dignity of minors, adapt to the laws of minors' physical and mental development, and provide minors with special and priority protection, with the fundamental goal of protecting the healthy growth of minors;

(2) Cultivate moral integrity. Guide parents or other guardians of minors to perform their main family education responsibilities in accordance with law, propagate correct family education concepts, and foster and practice Core Socialist Values, in order to promote the all-round development and healthy growth of minors;

(3) Support mainly, intervene supplementarily. Respect the personal dignity of minors' parents or other guardians, pay attention to guidance and help, and carry out work patiently, meticulously, and systematically, in order to promote family harmony and avoid intensifying conflict;

(4) Guide in two ways, and combine teaching and helping. Pay attention not only to the educational guidance of minors' parents or other guardians, but also to the educational guidance of minors, and help to resolve the practical difficulties of minors' families in accordance with the situation and needs;

(5) Guide professionally, emphasize effectiveness. Decide on a targeted family education guidance plan based on the circumstances of a specific case, evaluate the effectiveness of the family guidance in a timely manner, and adjust the means and content of the family guidance as appropriate, in order to ensure good results.

2. The people's courts shall, within the scope of their statutory duties, participate in, cooperate with, and support the construction of the family education guidance service system. In the course of handling criminal, civil, administrative, enforcement, or other various cases involving minors, the people's courts shall carry out family guidance work in accordance with the situation and needs and in accordance with law.

The Women's Federation shall coordinate societal resources, spread and popularize knowledge on family education through a variety of channels including family education guidance institutions, community-based parenting schools, and the development of family civility, and organize and carry out practical activities in family education, in order to advance the building of a service system for family education guidance that covers both urban and rural areas.

People's courts and women's federations at all levels shall strengthen cooperation and establish coordinating mechanisms so as to make joint efforts in family education guidance.

II. Guidance Situations

3. When hearing divorce cases, the people's courts shall provide family education guidance to couples with minor children.

For cases involving disputes over childrearing, adoption, custody, or visitation rights, as well as cases involving special groups such as left-behind minors or minors in distress, the people's courts may proactively carry out investigation and evaluation of the guardianship and family education situation, and when necessary, offer family education guidance in accordance with law.

4. Where the people's court discovers any of the following situations to exist during the course of handling cases, it shall admonish the parents or other guardians of minors based on the situation, and may require them to receive family education guidance:

(1) Parents or other guardians of minors violate provisions such as Article 16 of the 'PRC Law on the Protection of Minors', and Article 21 of the 'PRC Law on the Promotion of Family Education', and fail to perform their guardianship duties in accordance with law;

(2) Parents or other guardians of minors violate Articles 17 and 24 of the 'PRC Law on the Protection of Minors', and Articles 20 and 23 of the 'PRC Law on the Promotion of Family Education', and infringe upon the lawful rights and interests of minors;

(3) Minors engage in serious bad behavior or commit criminal acts;

(4) Any other circumstances in which the parents or other guardians of minors fail to perform their guardianship duties in accordance with law, or infringe upon the lawful rights and interests of minors.

Where the circumstances in items 2, 3, or 4 of the preceding paragraphs are met, and the parents or other guardians of minors refuse to receive family education guidance, or, after receiving family education guidance, still fail to perform their guardianship duties in accordance with law, then the people's court may issue a family education guidance order in the form of a written decision, ordering them to receive family education guidance in accordance with law.

5. When handling cases involving minors, where the parents or other guardians of minors actively request family education guidance for themselves, the people's court shall provide it.

6. When residents' committees, villagers' committees, primary and secondary schools, and kindergartens, in the course of carrying out services and activities in family education guidance, apply to a people's court for assistance in publicizing and educating about the rule of law, the people's court shall support it.

III. Guidance Requirements

7. The people's court shall, in accordance with the provisions of Articles 16 and 17 of the PRC Law on the Promotion of Family Education, and according to the specific circumstances of the case, determine the content of family education in a targeted way, and guide the parents or other guardians of minors to make reasonable use of methods of family education.

8. In the course of carrying out family education guidance, the people's court shall, according to the specific circumstances of the case, educate the parents or other guardians of minors about their guardianship duties:

(1) Educate the parents or other guardians of minors about performing their guardianship responsibilities according to law, strengthen the guardian-child companionship, and do not allow behaviors that harm the minor, such as abandoning, abusing, hurting, or discriminating against them;

(2) Where another person is entrusted to care for a minor, contact shall be maintained with the entrusted person, the minor, and the school or infant and childcare institution at which the minor is located, and regular understanding shall be maintained with the learning and living conditions and mental state of the minor, in order to satisfactorily perform family education responsibilities;

(3) Where the minor's parents separate or divorce, they must be clearly informed that they must mutually cooperate and jointly perform family education responsibilities during the processes of litigation, separation, or after divorce. Neither party may refuse or neglect to perform their family education responsibilities, or seize or hide the minor child as a means to compete for custody or hinder the other party from exercising their custody and visitation rights.

9. In the course of carrying out family education guidance, the people's court shall, according to the specific circumstances of the case, educate the minor as well as the minor's parents or other guardians about the rule of law:

(1) Educate the parents or other guardians of minors to establish an awareness of the rule of law, and strengthen their conceptualization of the rule of law;

(2) Ensure that minors of appropriate age receive and complete compulsory education, in accordance with law;

(3) Educate minors to abide by laws and regulations, and strengthen their awareness and ability of self-protection;

(4) Where minors are discovered to exhibit bad or seriously bad behavior, or commit crimes, order their parents or other guardians to perform their duties and increase discipline, while also paying attention to affection, and teaching the minor to recognize their mistakes and actively change their ways.

10. If the people's court decides to entrust a professional institution to carry out family education guidance, it shall also carry out its own educational work on guardianship responsibilities and the rule of law in accordance with the provisions of the first two articles.

IV. Guidance Methods

11. The people's court can carry out family education guidance at various stages of the process, such as pre-litigation mediation, case hearings, and post-judgement visits, in various ways, such as court education, legal interpretation, on-site counseling, online counseling, psychological intervention, and notification of family education responsibilities.

Depending on the situation and needs, the people's court may carry out its own family education guidance, or it may also entrust a professional institution or individual to carry out family education guidance, or it may carry out family education guidance jointly with a professional institution or individual.

Where professional institutions or individuals are entrusted to carry out family education guidance, the people's court shall follow up and evaluate the results of the family education guidance.

12. Where professional and personalized family education guidance is required, the people's court may, according to the minor's guardianship situation and actual needs, notify the Women's Federation in writing to carry out or assist in carrying out family education guidance work.

The Women's Federation shall strengthen cooperation with the people's courts, and coordinate and bring into play the roles of family education guidance institutions, parenting schools, women's and children's activity centers, and women's and children's homes, in order to support and cooperate with the people's courts in carrying out family education guidance work.

13. Where the parents or other guardians of minors are ordered to receive family education guidance, the family education guidance order shall state the reasons for the order and the time, place, and frequency of receiving family education guidance.

The frequency of family education guidance shall be commensurate with the extent of the minor's parents or other guardians' improper performance of family education responsibilities, and the minor's bad or criminal behavior.

14. When the people's court serves a family education guidance order to the parents or other guardians of minors, it shall patiently and carefully explain the law, advise them of the importance of family education guidance in ensuring the healthy growth of minors, and urge them to conscientiously accept and actively cooperate with the family education guidance.

15. Where the parents or other guardians of a minor do not accept the family education guidance order, they may apply for reconsideration to the people's court that made the decision, within five days from the date of receipt of the decision. During the reconsideration period, implementation of the family education guidance order will not be stopped.

16. People's courts and women's federations carrying out family education guidance work shall protect the privacy and personal information of minors and their parents or other guardians in accordance with law. Where family education guidance is carried out through the purchase of social services, relevant institutions and staff shall be required to sign confidentiality agreements.

Family education guidance orders issued by people's courts will not be published on the Internet.

17. Where minors suffer sexual assault, abuse, trafficking, or violent harm, the people's courts and women's federations should cooperate with relevant departments, people's groups, and social institutions in the course of family education guidance, and, depending on the situation, adopt protective measures such as psychological intervention, legal aid, judicial assistance, social assistance, or school transfer.

With regard to minors who exhibit seriously bad or criminal behavior, the minor shall be monitored and mentored during the course of family education guidance.

V. Safeguard Measures

18. People's courts and women's federations in all localities are encouraged, either individually or in conjunction with relevant departments, to establish work stations for family education guidance, set up specialized premises, and allocate specialized personnel to carry out family education guidance work, bearing in mind local realities.

People's courts and women's federations in all localities are encouraged to explore the formation of professional family education guidance teams, strengthen their business guidance and professional training, and hire people who are familiar with family education laws, are passionate about the cause of protecting minors, and are adept at ideological education to participate in family education guidance.

19. Where the people's court discovers, in the course of handling cases involving minors, that the relevant work units have failed to perform their protective duties like educating, managing, rescuing, and caring for minors, it shall issue judicial recommendations to the relevant units in a timely manner.

20. People's courts shall, according to the characteristics and patterns of cases involving minors, carry out targeted publicity regarding family education and publicity and education regarding the rule of law.

During the National Family Education Publicity Week, the people's courts in all localities shall, according to local realities, organize and carry out activities for family education publicity and education and publicity regarding the rule of law.

21. People's courts and women's federations shall strengthen coordination and cooperation with relevant departments, people's groups, and social institutions, promote the establishment of a mechanism coordinating efforts in family education guidance, promptly research and resolve difficult problems in the field of family education guidance, and continuously improve the effectiveness of family education guidance work.

22. The work of carrying out family education guidance shall be included within the scope of performance appraisal of the people's courts.

23. The people's court does not charge any fees for carrying out family education guidance work, and all required fees are included in the work unit's annual budget.

VI. Supplementary Provisions

24. These Opinions shall come into effect on June 1, 2023.

 

Attachment: XXXX People’s Court Decision (Family Education Guidance Order)

 

Attachments:

 

×××× People's Court Decision

(Family Education Guidance Order)

(case number of case handled)

 

… (personal information of party receiving order).

… (personal information of party receiving order).

In the case of... (state the parties and the cause of the case), this court found that ×××, as the guardian of minor children, failed to correctly perform family education responsibilities in accordance with law.

In accordance with Article 49 of the 'PRC Law on Family Education Promotion', the decision is as follows:

××× is ordered to receive family education guidance at ××× on ××year×month×day×hour (if ordered to receive family education guidance multiple times, receive online guidance, etc., the formulation may be adjusted).

If you do not accept this decision, you can apply to this court for reconsideration within five days from the date of receipt of the decision. During the reconsideration period, implementation of the family education guidance order will not be stopped.

 

××year××month××day

 

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