Improve the legal protection system of children's dilemma for children with drug addiction
September 02, 2020 09:08 Source: "China Social Sciences", September 2, 2020, Issue 2002, Issue: Liu Ting

According to the "2017 China Drug Situation Report" released by the National Anti -drug Commission,As of the end of 2017,The number of drugs registered in my country 2.553 million,Preliminary conservative estimate of the number of minors for drug users reached 2.09 million。Victims of drugs with drugs、Patient、The triple identity of the offenders,Drug use of drugs weakened and limited the ability to nurture children,As a result, their children are in a unfavorable position in social life,Drug damage suffered by children of drug addiction families has extensive similarities around the world: concealment、Handling、persistence, etc.。If it is not prevented and involved in advance,So "Children's Problem" will eventually evolve into a "problem child",It is easy to repeat the same mistakes。Current,Difficulties in family dilemma of drug addiction have become an important social issue in the world。my country's anti -drug work implements "forbidden suction、Forbidden vendors、Forbidden species、Forbidden System "four forbidden,Strict law enforcement、Strict law enforcement、Comprehensive management of anti -drug work policy,Comprehensive use of law、Administrative、Economy、Education and medical treatment and other means,Mobilization and organization of the whole society to participate in anti -drug struggle,At the same time, it also integrates the protection and rescue of children of drug users。

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April 2014,The Ministry of Civil Affairs issued the "Notice on Further Carrying out the Pilot Work of the Construction of Moderate Inclusive Children's Welfare System" (Minwan [2014] No. 105),For the first time, children who have served their bet365 Play online games parents for a long time to take or forcibly detoxify their drugs are regarded as "children with difficulties in family"。May of the same year,The Ministry of Civil Affairs held the "Pilot Video Conference of the Second Batch of Moderate Inclusive Children's Welfare System Construction",It will further emphasize at the meeting: To do a good job of the basic living security of orphans in the predicament,Disdible、Specialty、Children such as no one to raise children and other difficulties will be included in the scope of child welfare guarantee,The timely expansion to the prisoner's minor children、Difficulties in family children such as drug abuse families。This indicates that since 2014,Children's benefits of children of drug users as an important issue,Start entering national policy issues and public vision。

June 2016,The State Council promulgated the "Opinions on Strengthening the Inspection of Children in Dohaies" (Guofa [2016] No. 36),For the first time from the central level, the security of children's guarantee is made。Incorporate the work of protecting and rescue children into the country's action,Due to the lack of family care or improper care, suffering from abuse、Abandoned、accidental damage、illegal infringement, etc. Children that cause personal safety to be threatened or infringed are also the main objects of protection。July 2019,The Ministry of Civil Affairs and other 12 departments jointly issued the "Opinions on Further Strengthening the Reality Unattended Children's Guarantee Work",It is clear that "the fact that no one cares for children" refers to both parents that meet the disability、Specialty、Sentences are bet365 live casino games bet、Compulsory isolation and detoxification、Executive measures to restrict personal freedom、Children who lost contact situation,or the parents die or disappear,The other party meets the disability、Specialty、Sentences are bet、Compulsory isolation and detoxification、Executive measures to restrict personal freedom、One of the children who lose contact; propose to solve the basic life of the fact that no one cares for children、Medical rehabilitation、Education funding and monitoring four questions。

  Focus on protecting the right to child care

Due to the negative effects caused by long -term drug abuse,Drugs cannot fully compete and fulfill their duties of guardians。Should I deprive the custody right of drug abuse parents,It is a controversial topic internationally。In some Western countries,Once your parents take drugs,It is possible to lose "welfare rights" or even lose the right of guardianship on children。my country's "Protection Law of the Minor" stipulates: "Parents or other guardians do not perform their duties or infringe on the legitimate rights and interests of minors who have been guarded.,Education does not change,The people's court can apply according to the relevant personnel or relevant units,Cancellation of its guardian's qualifications,Specify the guardian in accordance with the law。"Opinions on the handling of several issues on handling the guardian's infringement of the rights and interests of minors in accordance with the law" stipulated that there are drug abuse、Gambling、Long -term alcoholism and other evil habits cannot perform the supervision responsibilities correctly or cannot fulfill the supervision responsibility due to serving the sentence,and refuse to entrust the monitoring responsibilities or all to others,What caused minors to be in trouble or dangerous state,People's Court can judge the elimination of its guardian。

For the death of the parents、Disease weight、Compulsory isolation and detoxification、Singing in prison、Missing children who can't get family care,The Ministry of Civil Affairs of my country explores adoption of adoption、Family fostering、A variety of resettlement methods such as small family raising Bet365 app download and centralized support for institutions provide alternative welfare services,Avoid children in the state of "unmanned monitoring"。Starting in 2004,Yunnan formed 4 unique resettlement methods,It is collectively referred to as "Yunnan Mode": First,Family fostering、AIDS rescue resettlement guidance center centralized training、Multi -department collaboration mode。2,School semi -centralized support mode。The name "Special Poor Children" is named,Get the age -age orphan involved in Ai Ai to school,No unified class,Implementing the school's centralized rescue education during the school、Winter and summer vacations will be returned by the township government to the original agent guardian to take care of。third,Community participation、Family fostering mode。Let children foster in relatives' homes or go for a family to eat and play,Back to your home at night to live independently。Fourth,Simulatory Family Concentrated Rescue Resetting Mode。Establish "Caring Home",The role of the staff simulates the role of the parents to take care of the child。other,There is also "Disted Supporting、Henan mode with concentrated support for institutions,"Family Raising、Government fund、Social support、Community Care "characterized by Hubei Kasugawa Mode,and "Cantonese Model mainly for relatives and society"。"Love Class" in the Yi area of ​​Liangshan, Sichuan is also unique。September 2005,A non -governmental organization of Liangshan local non -governmental organizations establish a full -fledged boarding system for love,Drug -related、Family orphans of Family Family Concentrated in School,Eating and accommodation at school、Unified care management,Only returned to the guardian when the winter and summer vacation。Love Class is actually a copy of the school's centralized support mode。

  Minsheng Construction and Co -Building Support

bet365 live casino games my country has long insisted on people -oriented for drug users、Science detoxification、Comprehensive correction、Care rescue,Realize from "strike", "control" to "service" and "treatment"、The great transformation from "blocking" to "sparse",At the same time, the anti -drug anti -drug and people's livelihood problem is closely linked。my country implements different levels of rescue for children with drug addiction families.,Funding from Economic、Ability Expansion、Equity protection、Social support and other aspects to start support and rebuild family。In Yunnan,I promulgated the "orphan of AIDS patients in Yunnan Province、Difficulty family life、Education Rescue Measures "(2005)、"Notice on Further the fact that no one cares for children's screening and enters the work of children's welfare information system" (2014),Provide policy guarantee for the establishment of a long -term rescue mechanism for children with difficulties。In Yunnan、Sichuan and other regions,Established AIDS rescue agency,Children affected by drugs/AIDS,Civil Affairs and other departments pass the minimum guarantee、Relief、Loan loan and other forms carried out care rescue activities。By providing funds and technical assistance to poor drug abuse families and children,Improve the economic situation of the family; provide assistance for families with drug addiction families in difficult life,Help to develop self -rescue,The purpose is to improve the family's economic guarantee function; carry out production skills training for children and their families,Through new employment opportunities to revitalize these families。

Anti -drug is the common responsibility of the whole society。Protecting and caring for drug addiction family dilemma children,The power of the family alone is not enough,It is also necessary to build a government -led,The community is the main body,Social organizations bet365 Play online games participate together、Multi -dimensional social support network for professional services for social workers,Socialization of anti -drug work。Ministry of Civil Affairs、Ministry of Public Security、Ministry of Justice、Communist Youth League、Women's Federation、Schools and other departments strengthen collaboration,Responsibility,Play the corresponding role in children's protection。The public security and judicial departments are doing a good job of drug rehabilitation and rehabilitation work,Extend the work object to the children of poison -related personnel,Through the "Three Visits and Three Reviews" Aimin Practice Activity,"Difficult to solve the people,Denovo worry "is its responsibility,Care visit to the family of poison -related personnel,To a certain extent relieves family difficulties in the dilemma of drug abuse。At the same time,Pay attention to the excavation of intrastium in the community,In the case of lack of infrastructure in the protection and welfare services of children,Fully rely on women's children's home、4:30 classroom,Provide game entertainment for children in dilemma、Daily Companion、Learning Counseling Service。other,Support social organizations such as social organizations and charitable organizations to participate in anti -drug work。Entrusted through the government、Project cooperation、Key recommendation、Various ways of incubation support,Cultivate anti -drug social work service agency、Public Welfare Charity Organization and Volunteer Service Organization,Provide professionalization for family drugs、Personalized service,Assistance to improve family functions,Reduce the adverse effects brought by drug abuse。Current,The number of anti -drug social workers in my country has reached 110,000,Socialization for the socialization of anti -drug work。Shanghai、bet365 Play online games Shenzhen、Guangzhou and other places already have relatively mature anti -drug social workers and social workers,You can launch professional services for the drug abuse family。Through the country、Community、Society、Common participation of social workers,Realize resource sharing、Advantage complement、A good situation that promotes each other。

(This article is the State Survival of the National Social Science Fund Youth Project "Investigation and Research on the Survival of Children of Person in the Ethnic Area in the Ethnic Area of ​​Yunnan")

(Author Unit: School of Law and Sociology, Yunnan Normal University)

Editor in charge: Cui Cen
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