2021-10-14: [Article Link]. "Raising or not, father's past." For hundreds of years, countless Chinese children have memorized this famous saying, so that we all regard "raising but not teaching" as one of our parents' greatest faults. If it is the fault of the parents to raise and not teach, and the parents should bear the responsibility, what kind of responsibility should the parents bear if they are careless, or even carelessly until the child dies? In August 2020, Mr. Wu drove a small passenger car from home to do business. When the vehicle started, he did not notice that his son Xiao Wu, who had just turned two years old, was playing next to the vehicle, xiao Wu died after the rescue. The "Non-Road Traffic Accident Certificate" issued by the police stated that the cause of the traffic accident was that Mr. Wu did not drive the motor vehicle safely in accordance with the operating specifications, and he assumed full responsibility for the accident. Afterwards, Mr. Wu and his wife sued the insurance company to the court and demanded that the insurance company be liable for compensation. The court held that the insurance company, as the insurer of the vehicle responsible for the accident, should be liable for compensation in accordance with the law and the insurance contract. As Xiao Wu's parents, Mr. and his wife have the right to file a lawsuit as compensation rights holders. For the excess of insurance compensation, Xiao Wu's mother voluntarily exempted the offenders from the liability, which was not contrary to the law, and the court allowed it. Therefore, the insurance company's in insurance amounts paid 110,000 yuan, in commercial insurance amounts paid 1 million yuan, the total paid 1.11 million yuan. The tragedy of this "father's fault" was exposed to the public's view due to the disclosure of a judgment, causing public outcry. This father has not benefited from his "over" responsibility, and many readers are stunned and puzzled by this-can he be a parent without being responsible? Is there a de facto "legal immunity"? Is that fair? Legal? Reasonable? Unfortunately, there are indeed some things in the world that may be legitimate but not justified. From the perspective of civil legal liability, in this accident, the father of the child is the perpetrator and the victim. If it is expressed in legal professional language, it is "The compensation right holder of tort liability is mixed with the compensation obligor". In the case that other victims, such as the child's mother, waived the responsibility of the father, the child's father was objectively exempted from civil liability in accordance with the law. From the perspective of criminal legal liability, the child's father's negligent driving behavior caused the death of the child, which is suspected of constituting a traffic accident. However, in judicial practice, the public prosecution may exempt him from prosecution, or after the prosecution, the court may sentence the father of the child with a suspended sentence (fixed-term imprisonment, suspended execution) based on the understanding of the child's mother and other relatives. Moreover, according to the criminal law of our country, there is no fine for the crime of traffic accident, which means that the father of the child has not been punished by property punishment for his negligent behavior. If the father of the child is not sentenced to a real sentence after the child's parents obtain the insurance money, and will certainly not be sentenced to a fine, then the father of the child will not be damaged financially, but will also benefit. To be honest, this objective result is legal, but it is not reasonable and fair, and it does not meet the psychological expectations of the good. Do we have to endure this legitimate but unreasonable thing? If you don't pay for your fault, will there be an extreme situation of "reverse imitation"-people with ulterior motives defraud insurance money by hurting or killing children and forging accidents? The history of mankind tells us that we should never underestimate the degree of darkness and evil in human nature. One of the effective ways to restrict the evil of human nature is the punishment of the law. Many states in the United States stipulate that it is forbidden to leave minor children under a certain age at home or in a car. For example, Maryland, Georgia, and North Carolina prohibit parents from leaving their children under the age of 8 alone at home or in the car. Age is not the only criterion. If parents leave some children who are not mature enough in their homes alone, and in the event of an accident, then the local police or children's rights agency will "visit". In addition to leaving their children at home and abroad, other default practices of parents may also violate the law and be regarded as crimes against children. For example, drunk driving while carrying children in a car, hiring a person with a criminal record of sexual assault to take care of the child, unattended or placed in the care of other children; Manufacturing drugs in front of the child; leave minor children in dangerous areas, etc. If the parents are convicted of this, they will face life in prison or pay a high fine. Under these legal regulations, the cost of parents' default in caring for their children is higher, which will prompt parents to think twice. The United Kingdom attaches great importance to the important role played by government agencies in the protection of children's rights, emphasizing that upbringing and protecting children is not only the responsibility of parents, but also the responsibility of the state. According to the Children's Act of 1989, acts that are harmful to children and will be convicted include the negligence of the Guardian, that is, long-term and serious neglect of the child or neglect of protection, to cause children to be significantly injured, such as causing children to be frozen, starving, malnutrition and other serious negligence. Hong Kong has also enacted strict laws to protect the interests of children. Article 27 of the "Offences against the Person Ordinance" in Hong Kong provides for the abuse or neglect of children or young people in care: There are similar cases in Hong Kong in practice. A young mother accidentally dropped a three-month-old baby girl to the ground while taking a lift in a shopping mall, breaking her head. The mother was sentenced to one year and eight months in prison for one offence of negligent care of a child. This case is the same as the Guardian's negligence behavior discussed in this article, which is the result of child casualties due to the Guardian's negligence. If you have, you should be responsible. However, according to China's current laws and judicial practice, guardians have not been more severely punished for their default, and tend to be lighter from a simple family and ethical perspective, even simply return to it as a "family matter", and finally nothing. In the author's opinion, it is necessary for us to re-examine the current situation of own country's legislation and justice, learn from foreign legislation, and make certain amendments to this. The first is to strengthen the economic and criminal penalties for dereliction of duty parents. For parents who commit crimes such as traffic accidents, they should be more cautious in applying probation instead of being too mechanical. We can also consider increasing fines for crimes such as setting up traffic accidents. In this way, the insurance money obtained by the parents in default can be nationalized, used to protect children's related public welfare undertakings, and better balance the relationship between social public interests and personal interests. (1) The Guardian leaves the Guardian to the Guardian and fails to perform the obligation of upbringing, causing the minor to develop bad habits; (2) If the parents, as guardians, fail to perform their maintenance obligations, the circumstances are serious or repeated education does not change; (3) The Guardian abuses, physical punishment or other personal assault on the Guardian, causing physical injury or affecting physical and mental health; (5) The Guardian abandons the Guardian and leaves him out of guardianship; (8) The Guardian has illegal and criminal acts or bad habits such as drug abuse, gambling, prostitution, and theft, which seriously endanger the healthy growth of the ward; For parents who have the above violations of the law, the relevant government departments or people's courts may make certain punishments according to the specific circumstances, such as issuing a "restriction order for the protection of minors", it is forbidden for a certain period of time to contact the injured minor. In some cases, the guardianship can be revoked, and other guardians or relevant government departments can perform their guardianship duties; If the circumstances are serious, the criminal responsibility of the parents who have lost their responsibilities should also be investigated. The protection of minors is not only the responsibility of parents, but also the common responsibility of the whole society. We should fully mobilize social resources so that the whole society can participate in the cause of escorting minors, such as the establishment of the Children's Fund and the establishment of social volunteers in various places to achieve resource sharing, mutual support; For example, with the help of schools, kindergartens, and children's hospitals, to conduct in-depth education of Guardians, enhance their sense of responsibility, and enhance parenting skills and awareness; Such as the formation of a medical staff, police, A child relief team composed of professionals such as judicial administrators and social workers has set up a special organization to manage children's relief work. Children are not the property of their parents, nor are they appendages, and their right to life deserves the greatest respect and the strongest protection of the law. Being a parent is not only moral, but also a legal obligation. If we let the behavior of dereliction of duty and harm the child be sympathetic, but there is no actual punishment, then such tragedies may be staged from time to time. The hero of the Korean movie "The Melting Pot" has a sentence explaining why he cannot remain silent about the crime of sexual assault on young children: when the child encountered such a thing, I was also present, but there was nothing I could do, if I give up now, I am not confident that I can be the father of Song Er (the boy's child). When Xiao Wu suffered misfortune under the wheel, we were not present, but there was nothing we could do. If we choose to give up or forget now, do we still have the confidence to be our own children's parents? I don't have this kind of self-confidence. I believe that punishment is not to punish for punishment, but to get better.
Note: This is auto-translated version of a Chinese domestic news media article. A mature and nuanced reading is suggested.