Brief facts of the case
Xiao Chen's father was paralyzed in bed due to a car accident in his early years, in order to make ends meet and bear the high ** and medical expenses, Xiao Chen's mother opened a snack bar outside, often busy from early morning to late at night, and did not have much time to discipline Xiao Chen. As a result, Xiao Chen was entrusted by his mother to take care of the elderly in the family since he was a child.
But as Xiao Chen grew up and entered a rebellious period, skipping classes and fighting, he did what his teachers and parents didn't let him do, not to mention a few old people, and his mother couldn't control him. At that time, the relationship between Xiao Chen and his mother could not be said to be harmonious and friendly, at least it could be said that they were incompatible, and even to the point that a "big war" would break out when they met.
Although relatives and friends often advise Xiao Chen's mother to be patient with her children and communicate more with her children, otherwise children at this age will not get good guidance and will be too prone to trouble, but Xiao Chen's mother has always disagreed, thinking that the child is not bad by nature, and will naturally be sensible when he is older. But what Xiao Chen's mother didn't expect was that this "disaster" came so quickly: Xiao Chen had been transferred for review and prosecution for theft, a large amount. Although the prosecutor told Xiao Chen's mother that considering that Xiao Chen was a first-time offender, and that he had voluntarily pleaded guilty and accepted punishment, returned all illegal gains, and had also obtained the victim's forgiveness, Xiao Chen could be investigated for several months first, and if Xiao Chen behaved well during the inspection period, the procuratorate could not prosecute Xiao Chen.
But after Xiao Chen's mother learned the bad news, all kinds of grievances and grievances in the past came to her heart, and in a fit of anger, she rejected the prosecutor's suggestion and asked the prosecutor to send Xiao Chen directly to prison and reform him in prison. Xiao Chen's mother's unusual behavior attracted the attention of the prosecutor. After learning about Xiao Chen's family situation, the prosecutor believes that although Xiao Chen is at fault in the current situation, Xiao Chen's mother should bear greater responsibility. After all, as the mother and guardian of the child, she not only has the obligation to raise the child, but also has the responsibility of education and protection. Based on this, the prosecutor issued a letter to Xiao Chen's motherSupervision and Guardianship OrderIn addition, they specially cooperated with the local women's federation, public security, street and other functional departments to set up a guardianship inspection team, selected experienced social workers, psychological counselors and other professionals to carry out one-on-one personalized supervision and assistance for Xiao Chen and his mother. Through the supervision of the guardianship order, the relationship between Xiao Chen and his mother has been greatly eased, and life has gradually begun to get on the right track. So, what is a supervisory guardianship order,What's so special about it?
1. What is a guardianship order?
Supervision and guardianship orders refer to when the procuratorate discovers that the guardian has failed to intervene in the child's negative behavior in a timely and effective manner, improperly performed guardianship duties, or that guardianship is lacking, but has not reached the severity of revocation of guardianship and initiation of state guardianship, the procuratorate will issue a procuratorial work document to the guardian requiring him to perform his guardianship duties in accordance with law, the purpose of which is to awaken the guardian's sense of responsibility and urge him to conscientiously perform his guardianship duties. 2. What is special about supervising guardianship orders?
The supervision order is a direct means for the procuratorate to supervise the guardian's performance of guardianship duties, and it is more flexible and humane than other methods. Generally speaking, a guardianship order will conduct a social investigation in the early stage, and according to the results of the investigation, measures will be taken according to the case, and different types of supervision and guardianship orders will be issued to target the root cause of the problem.
For example, Xiao Chen's family belongs to a family that "wants to manage but can't manage", and for this kind of family, the investigation team will issue a "guided" supervision and guardianship order to guide the parents to adopt appropriate guardianship methods for the minors through various forms such as parent classes, explaining the law with cases, recommending books, and organizing group counseling. In addition, in view of the psychological pressure that may arise after Xiao Chen's involvement in the crime, the investigation team cooperated with the school to continuously track and inspect him through online and offline forms to understand his recent life situation, and assigned psychological counselors to provide him with ideological guidance, legal education and social relationship adjustment.
In order to ensure the effectiveness of supervision, the content of the supervision and guardianship order is also detailed to arranging for Xiao Chen's mother and son to participate in extracurricular activities and housework together every week, so as to ensure the pertinence and operability of the supervision and guardianship order. Through preliminary investigation and follow-up multi-party collaborative tracking, the guardianship supervision order can better directly address the family problems behind the case, list and detail the responsibilities of the guardian, guide, help, and urge the guardian to correct the problem of guardianship absence in a targeted manner, and ultimately promote the guardian to better perform the legal guardianship obligations. 3. What are the consequences of not complying with the supervision and guardianship order?
The residents' committee or villagers' committee for the place of residence of minors who do not perform guardianship duties in accordance with law, refuse to perform or neglect to perform the obligations provided for in the "Supervision and Guardianship Order", or infringe upon the lawful rights and interests of minors, are to be first admonished and stopped, and where the circumstances are serious, the residents' committee or villagers' committee shall promptly report to the public security organs, and the public security organs are to give them a reprimand or administrative punishment, and if a crime is constituted, criminal responsibility will be pursued in accordance with law.