Li's adopted son is "tragic"

265438+On April 2, 25, the High-tech Branch of Nanjing Public Security Bureau received an alarm from a school teacher in its jurisdiction, saying that Shimou, a child, suffered multiple epidermal injuries, which was suspected to be caused by his adoptive mother's beating. In the early morning of April 5th, Li Yin, the foster mother, was criminally detained by the public security organs on suspicion of intentional injury. On April 12, the High-tech Development Zone Branch of Nanjing Public Security Bureau applied to the Pukou District Procuratorate of Nanjing for approval to arrest Li on suspicion of intentional injury. On April 16th, Nanjing Pukou District Procuratorate held a court session to examine and arrest the case. On October 2, 165438, Nanjing Pukou child abuse case was pronounced in the second instance, and the defendant Li's appeal was rejected and the original judgment was upheld. Li was sentenced to 6 months in prison at first instance. ？ It was found through court trial that at 5 o'clock in the afternoon of March 31, 215, the boy Shi Moumou was scratched, whipped by skipping rope and trampled by Li because he did not complete the homework assigned by his foster mother, resulting in a large area of redness and swelling on his hands, feet and back. After preliminary forensic identification, Shi Moumou constituted a minor injury.

When Li performed his parental duties, he exercised his disciplinary power excessively. This kind of illegal and abusive behavior violates the crime of intentional injury in criminal law, and naturally it will be punished by law. Parents can get such a warning from this case, that is, the exercise of parents' disciplinary rights is not without boundaries, and the exercise of rights must be within the scope of law. Otherwise, even if the motives and wishes are understandable, they must be punished by law. The relationship between maximizing children's interests and parents' right to reform punishment according to law is the unity of opposites, which seems to be contradictory, but in fact it is consistent. Maximizing children's interests is the goal, and parents' punishment right is only a means. Everything should be unified to the healthy growth of children. Parents' right to discipline, also known as dominance, is an extended right based on parents' right to protect education. Good results can be achieved by adopting appropriate methods at the right time. Generally speaking, it can only be implemented if minor children have bad behavior and don't listen to their parents' discipline. The purpose of implementation is to educate children to change their ways.

The behaviors of "wolf father" and "tiger mother" seen in social life often do not meet the requirements of exercising parental discipline. Take Li as an example, the purpose of exercising the right of punishment is to correct the evil for the child, provided that the child's misdeeds are discovered. It is obviously inappropriate for Li to use such serious violence just because the child has not finished his homework. Therefore, her behavior does not meet the conditions for exercising her parents' disciplinary rights. At the same time, even if parents exercise the right to discipline and meet the starting conditions, they must not violate the laws and regulations of the state on the protection of minors, and must not harm the personal rights of their children. Li's behavior not only does not meet the starting conditions of parental rights, but also goes far beyond the boundaries of parental rights from the perspective of execution.

The exercise of parents' disciplinary right must be for the sake of children, helping them to turn over a new leaf. The scale of the exercise is strictly limited within the scope permitted by law, and it is generally lighter if it is necessary. In short, the exercise of parents' disciplinary power must conform to the principle of maximizing children's interests.

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Chapter 12 of "WeChat Parents' Class" of Rain Inspection and Customs Working Committee