The left -behind young man who stopped the edge of the legal red line: 13 -year -old teenager burned his own cottage, and the first graceful girls were pregnant. The scholars claimed that it was not t

Reporter/Xiaoyu

Edit/Yang Baolu

Chengdu New Space Judicial Social Workers serve as "suitable adults" for minors involved in sin

On October 28, 2022, Zhang Jun, the Attorney General of the Supreme People’s Procuratorate, reported the prosecution of minors at the 37th meeting of the 13th National People’s Congress Standing Committee.

The report pointed out that from 2018 to 2021, the number of minor crimes in my country rose and criminal crimes rose.Some minors are lacking in family monitoring, dropping out of school.From September 2018 to September 2022, after the minors were separated from the family, the crime was 48%of the crime of minor crimes. Among the prosecutors accepted the crime involved in the prosecution of the prosecution, 30,000 people who did not complete the compulsory education at the elementary school accounted for9.9%.

According to the "China Children’s Welfare and Protection Policy Report (2019)", as of the end of August 2018, there were 6.97 million rural left -behind children in the country, and 96%of rural left -behind children were taken care of by grandparents and grandparents.How to solve the huge problem of left -behind children is a long system engineering.

They always appear in the image of a group, and for them, when some people realize their former "stay" experience, they have grown up and married and have children.Some people carry the scars of "staying behind", which is unspeakable to the emotions of their parents; some people continue to be the old path of their parents and work in the city.Stepping through the legal red line, life deviates from the right track.

We should not create a stereotype of left -behind children, but what we need to ask is how to protect children who wander the edge of the legal red line, what kind of support should family, government, and society give to allow them to have a safe export of exportsEssence

Unable to keep

Zhao Jia picked up the wheat straw on the ground and lit and threw it on his own house that had lived for many years and the roof of adobe grass.His father was carrying the wine bottle and his face was unbelievable -he just returned from the field at that time, drunk, smashed the only TV at home, and kept shouting at Zhao Jia.Always Lao Tzu! "

The two sisters hid behind Grandpa, while Grandpa hid behind Zhao Jia.Zhao Jia confronted his father and stood up for a long time: "From now on, we will break it in one sword, you will never find me again."

When the fire burned and fiercely, when the roof was burned halfway, the villagers rushed one after another, destroyed the fire, and called the village cadres.

It was 2018. In 2018, Zhao Jia was 13 years old. He studied at the first juniority in Zhoukou, Henan, Henan, and his grandfather pulled him and two younger sisters by the low guarantee.The mother died of dystocia when he gave birth to his little sister, and he was only 4 years old.After that, his father successively worked in Guangdong, Zhejiang, and Kunshan.He rarely sent money back, always disappeared for a long time, and suddenly returned home.Zhao Jia was not impressed by him. In memory, he rarely enjoyed the love of his parents.

His father was irritable and drunk. Occasionally, he went home and often scolded his brothers and sisters.On one occasion, Zhao Jia made a noise during a meal. His father lifted the bowl of full of vegetables and fell to the ground. The vegetable soup splashed Zhao Jia.

Dong Shuhan’s impression of Zhao Jia is profound -Zhao Jia is one of the interviewees of her doctoral thesis.Dong Shuhan is currently studying at the University of Liz, Britain, and studied the mental health of left -behind children after he was growing up.In 2021, she successively interviewed 22 people who had left behind for many years, the youngest 16 years old and the largest 27.

In an environment that lacks guidance and care, these children have experienced grievances and pains that surpass their childhood. Some interviewees are almost raped, and some are called thieves because they have taken a sugar of others."When they are still children, they cannot be a simple child. After so much, they can’t become a good adult when they grow up. I can understand that when some people go to crime, they really can’t hold it.’I am. "Dong Shuhan said.

The dissatisfaction with his father accumulated in the heart of Zhao Jia, and finally that day, the anger reached its peak.He hopes that this fire will always separate himself from his father.If his father can’t care and care for him, at least don’t bring violence and annoyance to him.

From the perspective of Dong Shuhan’s definition, Zhao Jia finally "held".Because the house was burned, no one was injured. The villagers did not call the police.A few days later, his father left home again, and Zhao Jia took his grandfather and sister to continue to live in the old house that had been burned.Until later, the road was built in the village and built a colorful steel room, Zhao Jiacai borrowed money to set up his grandfather and sister.

Shortly after burning the house, Zhao Jia went to work in Guangdong and worked to clean his old clothes.Now he is 17 years old and earns 3,500 yuan per month.The two sisters always asked him to ask him for money. They did not perform well and wanted to drop out of school to work. He couldn’t control the choice of two sisters -in fact, he couldn’t even care about himself.He told Dong Shuhan that in his free time, he rely on playing games to spend time, and he had a brief love, but he felt that he should be an "old bachelor" in the future.

Chengdu New Space Judicial Social Workers participated in the training of "Crime Ministry of Adults Help Teaching and Supervision and Inspection Practice"

Unable to control

Hu Tingting, a social worker organized by Chengdu New Space Judicial Social Workers, has seen more "unsuccessful" children.Since 2016, the new space judicial social workers have been commissioned by the public prosecutor’s case handling agency in the Chengdu District Public Prosecution Law, and the new space judicial social workers have conducted social investigations on minors involved in crimes to understand the causes of crime and subsequent regulatory conditions.

After the case enters the review and prosecution stage, social workers will teach these children for half a year to one year, intervene in crime causes, follow up dynamics, one -on -one case counseling, or to carry out group activities to children with the same problems.Provide help for minors involved in sin.

So far, there are more than 600 cases they accept.After completing the social survey of these cases, Hu Tingting estimated that about 35%to 45%of the crime cases were left -behind families.Prior to this, the Chengdu Intermediate People’s Court of the Little Court analyzed and summarized the crimes of 38 minors tried in 2010. Among them, the crime rate of left -behind children in rural areas accounted for 41%.

In the case of supporting the new space judicial social workers, there is a young man who has lived in the ethnic minority regions of the Western Sichuan Plateau since he was a child.

Xixi’s parents were divorced. He was dependent on his father and brother. He dropped out of school without graduating from elementary school.His father worked abroad all year round and did not go home for several consecutive years. Xixi gradually lost contact with his father.In July 2017, the 17 -year -old Xixi went to Chengdu with his cousin. They had no work, no dignitaries.Captured by the police.

The case staff cannot contact the parents of Xixi, so the judicial social workers who entrust the new space to serve as the "suitable adults" of Xixi -when the public security organs, procuratorates, and courts apply for interrogation and trial in criminal cases for minors, minor criminal suspectsWhen the legal agent of the defendant cannot be present or is not suitable, there must be a minor criminal suspect and other adult relatives of the defendant.Suitable for adults "accompanied the interrogation -the new space judicial social workers attended the scene in two cases in the detention center, and attended a case trial at the court in the court. In the end, Xixi was sentenced to several months of imprisonment and punishment.

But not long after being released, he and his cousin were arrested in the same hospital again.Two investigations were investigated and questioned that Xixi had no parents or other legal agents to arrive, and he could not provide any parents’ contact information.

Parents are absent in the world of these children.

As of the end of August 2018, a total of 6.97 million left -behind children in the country in the country

Not enough

In the cases that Hu Tingting came into contact, some children and parents were working in the field. They could only live with the elderly. The elderly who were educated at the end of generations often had a low cultural level and could only provide basic care at the level of life.Old man) There is a high junior high school culture. "Hu Tingting said.There are also children in their hometown. Because they can only flow in different relatives’ homes, they can only grow under the state of the fence.

When children need their parents, they are often just short calls or money.Many parents do not know what the child looks like at home. After learning that the child’s crime is the first reaction, "My child has always been very good, why did he come to this step?"

Hu Tingting believes that helping children "hold", family needs to bear the primary responsibility.When involving assistance to children, social workers also pay attention to the intervention of the family to help parents adjust incorrect education methods.

However, social workers need a foundation to intervene in the family, that is, parents continue to understand their children’s status.But the fact is often that parents pay attention to their children enough.

"If the parents cannot pay attention to their children and discipline their children themselves, the relevant social assistance system is not built. When the child has abnormal behavior, the parents do not know who to ask for support.There will be problems. "Hu Tingting said," You can’t wait until the child is criminal and let the law punish him. "

Social forces like new space have not been fully rolled in Chengdu."If you can really cover (social power) full coverage, from the area where the child lives to the school, or after entering the society, if there are relevant units or social organizations to pay attention, it is actually possible that the child will not go to the illegal crime.One step. But this requires a lot of manpower and material resources. "

Dong Shuhan believes that more importantly, who the child is taken care of directly, who lives with, and whether he gets the care of the directly caregiver.She told reporters that many interviewees talked that before their parents went out to work, they had contradictions with relatives in the family. This contradiction would not disappear with their parents’ departure, but would continue to the left -behind children.This has led many interviewees to take care of and care for the guardian during the left -behind period."In fact, this cannot be clearly defined which party’s responsibility." Dong Shuhan said.

Fairy support system

In the crime involved in the crime of Hu Tingting, the causes of the children are similar in crimes. The commonality is lacking awareness of the law, and even some children do not know that stealing things is illegal.

Pushing law is often considered the responsibility of family or schools, but the teaching teacher You Wei believes that even if the school has a theme class meeting, it is difficult to verify the actual results.

In September last year, You Wei came from Guizhou to a township middle school in Baise, Guangxi.There were only six classes in the school, and she took over the work of the first class teacher at the first time.When sorting out student information, 33 students, 30 are left -behind children.Most students’ homes live in remote mountain villages and live with grandparents. They can only stay in school when they go to school, and they can return to the village when they are on vacation.

Soon, You Wei observed that the old people who were raised by the intergenerational raising were very small.Early marriage and early childbearing are not uncommon here. Parents of some junior high school students are less than 30 years old.The school will organize female students every month to test pregnancy, and a junior first grade girl tests pregnancy.

Here, people’s cognition of law is often covered by life experience.A sixth grade elementary school girl met junior high school students in the nearby school. The two quickly dropped out of school and went out to work soon.Later, a joint agency composed of government, education departments, and minor protection departments repeatedly contacted the parents of the girls and asked parents to send the girls back to school to continue reading.In the end, they had to emphasize that the girl was less than 14 years old, and the boy had constituted rape.

The generation of children from generation to generation is prematurely separated from family asylum and went outside to discuss life. Now, the children of You Wei are slowly embarked on the same way as their parents, becoming "an unskilled cycle."

In order to compensate the guilt that is not around the child, parents often give their children money.Many students have no concept of money.Always be finished quickly, and some parents contacted You Wei, saying that the child’s money is not right. The two have a pair of people. The children have repeatedly lying for money with the pretext of the school activities and participating in school activities.Some students want other ways. Some people sell their large -scale photos online, and some people start stealing.The stolen situation in the school is serious. Non -candidates will take vacations during the middle school entrance examination. After returning to school, the dormitory is always messy.

You Wei’s hands are helpless, and the students who want to give up and can’t let go are called Chi Jian.He should have been a sports seedlings, at least You Wei thought so.Chi Jianli is high, and he is quite talented in track and field.On the first sports meeting, he won most of the awards of track and field.You Wei always encouraged him, but Chi Jian often did not respond too much. He was not sleeping or walking in class in class.

He lived with his grandparents, and he was responsible for education.But the uncle’s education method only scolded.You Wei once called Chi Jian’s father. She mentioned to her child’s father, hoping that he could pay attention to the child’s sports talent, but failed to receive a response from Chi Jian’s father.

On one occasion, Chi Jian took a few students in the class to go out of the wall at night, stealing things in the shop at the school gate, and was caught by the teacher and twisted into the police station.The teachers could not help but hope that the police could punish the children, at least "scared" so that they did not dare to commit it again.But the police officer said that the child was a minor and could not detain them.The child was returned to school again.You Wei did not dare to let them go home to reflect, fearing that they would drop out of school and never come back again.

After Chi Jian’s stolen things, similar incidents occurred in the school.A girl was taken by a school boy to steal the motorcycle together. After being caught by the police, he brought his parents back for the same reason.Girls’ parents did not let her return to campus.

How to treat these children, You Wei needs some specific methods and support.

In 2016, the State Council issued the "Opinions on Strengthening the Protection and Protection of Rural left -behind Children", which mentioned that in the past, the lack of supervision and guidance, insufficient care of the service system, and inadequate rescue and protection mechanism of family monitoring, Standardized and mechanism construction urgently need to be strengthened.

The "Opinions" also mentioned that to ensure that left -behind children in the countryside get proper care and better care and protection, it is necessary to strengthen the responsibility of family guardianship, implement the duties of county, township people’s governments and villages (residential) committees, increase education departments and school careProtection and promoting active participation in social forces.The public security organs should accept the relevant reports in a timely manner, and the police investigation will be performed as soon as possible, and emergency response measures are taken targeted, and the person in charge of the report is forced to assist the public security organs to do a good job of investigation and emergency response.

However, in the situation where You Wei is, the school, the parents who only want to give money, and the police station that cannot make punishment have failed to some extent.

Malacca Organization left -behind children’s care activities

Establish an information file system

Dong Shuhan believes that establishing detailed and transparent files is necessary.Including the details of parents’ work, emergency contacts, school contact information, etc., "But in my research, the villages and towns where many interviewees are located have no such record."

In fact, as early as 2013, the five departments of the Ministry of Education, the National Women’s Federation, and the Central Committee of the Communist Party jointly issued the "Opinions on Strengthening the Care and Education of Rural left -behind children in the compulsory education stage", requiring to comprehensively establish a left -behind children’s file.However, in addition to the establishment of the file, if the child is found to have abnormal behavior, how to report to the communication system that will be reported step by step and establish a multi -party participation will lack specific guidance.When it is implemented in various places, different problems are faced with different problems, and the local relevant departments must be explored in accordance with the actual conditions of the local area.

Sichuan is a large province of labor export. In Ma Village, Mayor Ning County, Yibin, Sichuan, there are more than 800 families with children in more than 1,200 households. Among them, half of the children of left -behind children account for all., Parents are called semi -left -behind children outside.

Mamamura has made detailed information on the family of left -behind children, including children’s health status, parents’ marriage status, parental construction sites, and special needs for children.For AIDS families, families -related families, and criminal personnel, special care will also be given.

Mamura is a launching site of the "Children’s Harbor" project.The "Tongxin Harbor" project is the normally caring for left -behind children’s projects carried out by the Communist Youth League organization at the village level.In 2019, Mamura hired "childlike mother" from the village to participate in the activities of caring for left -behind children.EssenceThe village also requires that there are no less than four activities on left -behind children every month, and usually conduct normal visits to the family requirements of left -behind children.

In the case where the village secretary Chen Cheng came into contact, there were two girls, the mother died, her father worked outside, and after the grandfather died, because of the lack of care and school hate, such as "childlike mother" contacted the child’s father for the first time, after communication, Helped to connect multiple channels to help children.

In Mamura, the school will also set up the position of vice president of the rule of law, which will be held by the director of the local police station.Some young village party secretaries will also serve as outside school counselors to carry out psychological counseling, academic guidance and cultural activities for left -behind children.After the students left school, the cadres of the village group would be inspected in the village from time to time to carry out safety and rule of law."Including children’s thieves or other crimes, this is a hard task. If this happens (security issues or minors crimes), the assessment of cadres will be directly affected." Chen Cheng said.

However, not every village can have a left -behind children’s support system such as Ma Village. The establishment of this system requires a lot of human and material support and policy support.

Chen Cheng said frankly that the departments that carry out the work of women and children often belong to the edge departments in the administrative system, and there are not many funds that can obtain.Compared with other villages, Ma Village already has more funding guarantees, which is also a favorable condition for the protection of left -behind children to carry out smoothly.Every year, Mamura can get about 30,000 yuan provided by the Guanghua Foundation for the work of left -behind children.Corresponding staff have a fixed salary of about 1900 yuan per month."Other villages are also envious of our support here (foundation) support here. This is a good guarantee."

The establishment of a system is often gradually improved in constant discovery and exploration.In Mamura, the forces in all aspects have formed a network. "Once the child has an abnormal gossip, we can find it immediately, and we will intervene and correct it in time." In the visit, Chen Cheng and his colleagues found that there was a boy in a boy in the visit.There are no clothes at home.To this end, they regularly invite volunteers to carry out sex education courses for left -behind children.

Mamamura cannot represent all. In other areas interviewed by reporters, the situation of left -behind children’s work is uneven.In a village in Jilin, a woman director mentioned in an interview that there were about 1,100 households in the village, of which about 10 left -behind children’s families.Due to the small number of left -behind children, there is no fixed funding for the work of left -behind children, and the lack of attention and guidance from the higher authorities, so they have not carried out the archives of left -behind children.It is difficult to carry out the preaching activities of the left -behind children only once or twice a year, and it is difficult to have specific measures to be implemented.

The Supreme Procuratorate released "White Paper (2021)" (2021), which shows that the crime of minor is showing a low age trend

What is missing is not law, but implementation

The system is intertwined, from parents to school, from grass -roots staff in villages and towns to social group strength, and is trying to weave a network of children.The bottom of this network is the law.Many laws and regulations, including the Protection of the Minor, emphasized that after the occurrence of bad behaviors or illegal crimes in minors, they have the obligation to stop and report from the guardian to the government level.

Article 29 of the "Prevention of the Minor Crime" stipulates that if the parents of the minor or other guardians find that the minors have bad behaviors, discipline shall be strengthened in time.If the public security organs, neighborhood committees, and village committees find that minors in their jurisdictions have bad behaviors, they should stop them in a timely manner.And urge their parents or other guardians to perform their duties in accordance with the law.

Article 40 also stipulates that if the public security organs receive a report or discover serious bad behaviors of minors, they shall be stopped in time and investigated according to law.It can also order their parents or other guardians to eliminate or reduce the consequences of illegal illegal, and take measures to strictly adopt the discipline.

However, there is no detailed implementation rules, and once the law is entered, the law will show weakness."You find that this child has abnormal behaviors or bad behaviors, to report, but how to define this behavior?" Said Xiao Shanshan, a master’s degree in the Law School of Hunan Normal University.Only when the rules are introduced as soon as possible can the implementation of the law really be implemented.

Xiao Shanshan has been engaged in criminal law, criminal science, and juvenile law for many years.She mentioned that these contents emphasized the stopping obligations at the guardian or other levels, but still lack of compulsory guarantee.

In early 2022, the "Family Education Promotion Law" was implemented, which stipulated that if the parents did not perform the corresponding monitoring duties to their children, and the child had illegal criminal acts, the court could issue the "Family Education Order" to the guardian, conduct family guidance, and urge the guardian to perform their duties to perform their duties.Essence

However, the legal nature of "Family Education Order" is not clear and does not have legal compulsory.Therefore, the determination of parents’ responsibilities for minors has not been implemented.

In Xiao Shanshan’s opinion, sentences cannot solve the problem of minors involving crimes at one time.The follow -up consequences brought by sentences take a long time to make them return to society.In her opinion, parents’ responsibility is more important about preventing left -behind children’s crimes.Legal construction needs to be strengthened from this aspect. She believes that after clarifying the legal nature of the "Family Education Order", it is necessary to formulate relevant parental responsibility law to emphasize how to implement the parent responsibility of left -behind children.

Outside of the law, it is more difficult to solve the emotional problems between children and parents.

Dong Shuhan found in the interview that the children had two extremes of their parents’ feelings.Either hate indifference- "How do you treat me, how can I treat you"; the other is to project this emotion to the next generation.Some have to bring their children around in any case, while others are indifferent, and they directly accept the fate of "children will be a left -behind child like themselves."

"If there is no sound legal or policy system to protect these children and make up for their lack. This state will not end, it will always exist and recover."

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