Haicang Court children watch nurse “go to war”
The Haicang District People’s Court in Xiamen has commissioned a prosecutor to speak on behalf of children in a juvenile court dispute case, an innovation that is unprecedented in China.In this case, the presiding judge actively guided the divorced parents from confrontation to cooperation in the trial, and jointly implemented family education guidance with the prosecutor, and issued a supervision and guidance order of parental duty fulfillment in court.Background The plaintiff Wang and the defendant Lin had a married daughter, Xiaoli, who was diagnosed with scoliosis and mental retardation after birth.In September 2019, the two parties of the original defendant agreed to divorce, and it was agreed in the divorce agreement that Xiao Li should be jointly raised by both parents, but the specific joint custody matters were not specified.Wang said he chose to divorce not because of the breakdown of the couple’s relationship, but because he wanted to buy another house.Soon after, Wang and Lin’s baby daughter was born, and since then, conflicts between the two sides have increased, leading to Lin leaving the family and living alone.Later, Mr. Wang and Ms. Lin could not reach an agreement on the custody of Xiaoli, so Mr. Wang sued Ms. Lin.The juvenile court of Haicang Court considers that Xiaoli suffers from a special disease, and if the two parties have not properly arranged the issue of raising Xiaoli, it is very likely that she will fall into difficulties in life.In order to protect Xiaoli’s best interests, the Haicang Court decided to give full play to the role of the child watch nurse system, and commissioned a prosecutor dealing with juvenile cases as a watch nurse, representing Xiaoli’s independent voice, and cooperating with the judge to jointly implement trial education.(Wang Chunmeng, Haicang District Prosecutor) The independent representative of xiao Li, who was invited to appear in court during the trial, expressed her demands in raising, living, learning and treatment, and reported her investigation to the court.The presiding judge and the prosecutor, combined with their experience in handling the case, jointly educated both the original defendant and the defendant on the rule of law, guided them to fulfill the responsibility of guardianship and family education in court, and solemnly explained the legal consequences of failing to fulfill the obligation of raising children.丨 given the trial court committed both sides is delayed in performance of the guardian the responsibility of raising and education, especially in the case of children with mental retardation special cases of the disease, the presiding judge in court issued a parenting supervise, urge using both sides, care and family education responsibility to fulfil his guardianship in a timely manner with xiaoli, mutual care for the physical and mental health of small beautiful and smooth growth.(Court scene) This time, The Haicang Court entrusted prosecutors to participate in the trial as children’s watch nurses to speak for minors, and jointly admonished parents who were negligent and gave family education guidance. This is an important innovation in the trial of cases involving minors.