Chen Haiyi, chief judge of the tribunal of juvenile and family lawsuits, under Guangzhou Intermediate People's Court |
People often say if you save a child, you save a family. For the past 23 years, Chen Haiyi, chief judge of the tribunal of juvenile and family lawsuits, under Guangzhou Intermediate People's Court, in Guangzhou, capital of South China's Guangdong Province, has been dedicated to protecting the legal rights and interests of minors, and to promoting minors' healthy growth.
"Chen Haiyi, a judge at Guangzhou Intermediate People's Court, has helped — with motherly care — juvenile delinquents lead a new life," Zhou Qiang, President of the Supreme People's Court (SPC), said when he delivered a work report of the SPC during the second plenary meeting of the Third Session of the 13th National People's Congress (NPC), at the Great Hall of the People, in Beijing, on May 25.
Chen, an NPC deputy, attended that meeting. "It is a great encouragement to me. It shows SPC attaches great significance to the judicial protection and healthy development of minors. It is also recognition of all the judges who have helped juvenile delinquents," Chen says, with excitement.
Chen Haiyi in a court |
Helping Minors, with Love
Chen says Guangzhou Intermediate People's Court has taken innovative measures when conducting trials involving juvenile delinquency.
For example, such trials are not heard in a traditional courtroom, but rather the parties sit at an oval table and discuss the matter before the court. That, Chen says, creates a family like atmosphere and environment, in which the judge and the juvenile defendant can have a heart-to-heart talk during the trial.
The judges stick to the principles of "maximizing the interests of children" and "mediation comes first and goes through the whole process" to deal with civil cases concerning family affairs. When trying criminal cases involving infringement of minors' rights and interests, the judges adhere to the principle of "punishing criminals severely according to law."
Says Chen: "Pronouncing the judgment is normally the end of the case. However, when it comes to juvenile delinquency cases, it is not an end, but a starting point for the judge to help the minor turn over a new leaf and return to society."
The process of helping and educating a minor usually lasts a couple of years, but sometimes longer. Chen often visits the minors at the jails, and she writes letters to them and/or talks with them on the phone. Of the children she has helped, more than 300 have finished high school, and more than 30 have studied at a college or university.
One girl, who had received Chen's help for more than six years, wrote a poem to express her gratitude to Chen, and to share her confidence in life. The following is an excerpt of that poem: "You sow the seed of expectation in my future, I will be in full bloom. No matter how hard the rain falls and the wind blows, I will be brave and strong, in full bloom of life."
Says Chen: "As a judge dealing with juvenile delinquency cases, in addition to our professional capacity, it is more important for us to have a loving heart and a sense of responsibility. Helping minors start with a clean slate and helping them avoid the same mistakes are what we think about, and what we do."
For her achievements in the judicial protection of minors, Chen has been honored as a national model judge, a most favorable judge in the country, and a National March 8th Red-banner Holder.
Chen Haiyi in an interview |
Working Together
Chen says the courts, women's federations, public security bureaus, schools and various government departments have worked together to achieve remarkable results in protecting the rights and interests of minors, and in preventing juvenile delinquency.
In 2019, Guangzhou Intermediate People's Court and Guangzhou Women's Federation cooperated in the launch of a rights-protection project in the city. Chen has participated in several activities with the theme of caring for the minors.
The court, civil affairs bureau, procuratorate, health commission and other government departments have jointly issued a work guideline on the protection of children living in difficulties, which took effect on January 1, 2019. Guangzhou Women's Federation has offered psychological counseling to minors through its rights-protection hotline — 12338.
In recent years, Chen has been exploring ways to promote coordination and cooperation of the judicial protection of minors among the courts, women's federations, civil affairs and judicial departments.
Chen was elected an NPC deputy in 2018. That year, during the First Session of the 13th NPC, she suggested a national, unified database of minors and a comprehensive governance framework (to handle the affairs of minors) be established.
She also suggested that minors receive regular psychological checkups, and that relevant departments maintain psychological files on the minors. As such, the children would be able to receive professional help, as early as possible, when they are found to have psychological problems.
"We should strengthen the mental-health-service system for special groups of minors. The prevention of juvenile delinquency is also of great importance," Chen says.
During the Second Session of the 13th NPC, in 2019, she proposed building an overall cooperation mechanism to better protect teenagers' rights and interests and prevent juvenile delinquency.
At the end of 2019, she presented her views and suggestions when she attended a meeting of the Standing Committee of the 13th NPC to discuss the amendments to the Law of the People's Republic of China on the Protection of Minors and the Law of the People's Republic of China on Prevention of Juvenile Delinquency.
This year, she attended the Third Session of the 13th NPC, during which she proposed the establishment of a community correction system to strengthen supervision and education of juvenile delinquents. She also suggested strengthening support to social service organizations for teenagers.
"With other judges, I will strengthen the publicity of the Civil Code, especially among minors and families, coordinate cooperation between the courts and other departments … and enhance the sense of happiness of people, especially children," Chen says.
Chen Haiyi with two children |
Photos supplied by Chen Haiyi
(Women of China English Monthly August 2020 issue)
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