To effectively safeguard the legitimate rights and interests of minors, minors strengthen administrative and judicial protection, to ensure proper care to take care of minors, according to the law Civil Law, Civil Procedure Law, Protection of Minors Act and other regulations, it is now on the handling of guardians The opinions formulated against the interests of minors behavior (hereinafter referred to as guardianship violations) of the work.
I. General Provisions
1. This opinion alleged violations guardianship means parents or other guardians (hereinafter referred to as the guardian) sexual assault, sell, abandonment, abuse, violence minors, abetting, the use of minors in criminal acts, coercion, deception , use of minors begging, and does not fulfill guardianship responsibilities seriously endanger the health of minors and other acts.
2. Process monitoring violations, should follow the principle of the best interests of minors, fully consider the physical and psychological characteristics of minors and human dignity, to give minors a special priority protection.
3. For the monitoring of violations, any organization or individual has the right to discourage, deter or report.
Public security organs shall take measures to find work in time to stop and units, personal care violations reported, when an emergency will be taken away from the guardians of minors.
Civil affairs departments should be established to protect minors relief agencies (including rescue station, minors assistance and protection centers), to assume temporary guardianship by guardianship due to abuse of minors into the organization, if necessary, to the people's court for revocation of guardianship.
The people's court shall accept the application and personal safety protection ruled that revocation of guardianship case and render a decision.
People's Procuratorate of the public security organs, people's courts monitor violations of work to exercise legal supervision according to law.
People's courts, people's procuratorates, public security organs in handling cases involving minors has specialized work agencies shall give priority guardianship infringement cases by the special institutions.
4. The People's Court, People's Procuratorate, the public security organs, civil affairs departments should fully perform their duties, to strengthen guidance and training to improve the protection of minors and level of ability; to strengthen communication and cooperation, the establishment of information-sharing mechanisms to achieve administrative protection of minors and justice protection of effective convergence.
5. The people's courts, people's procuratorates, public security organs, the civil affairs departments should strengthen ties with the Women and Children Work Committee, the education sector, the health sector, the Communist Youth League, women's federations, the committee, minors domicile village (neighborhood) committees and collaboration, and actively guide, encourage and support legal services, social work services, charitable organizations and volunteers and other social forces to jointly do a good job under guardianship against the protection of minors.
Second, the reporting and disposal
6. The units and their staff in schools, hospitals and village (neighborhood) committees, social work service institutions, found that the Guardianship of Minors by infringement, it shall promptly report or report to the public security organs.
Other units and their staff, personally found by the guardianship of minors infringed, or should promptly report to the public security organs.
7. The public security authorities received a report of abuses involving guardianship of the report, it should immediately dispose of the police to stop the violations that are taking place and prompt investigation. In line with the criminal filing conditions, it shall immediately initiate an investigation.
8. The public security organs in handling cases of infringement custody shall, in accordance with legal procedures, timely and comprehensive collection of fixed evidence, to ensure the quality of handling.
Ask minors, minors should consider the physical and psychological characteristics, to take gentle way, to prevent causing further damage.
