Cognizance of little center of Liuzhou town home adjudges Guangxi first procuratorate support sue predicament children to assign guardian case
People net Liuzhou on August 23 report on August 23, children of first procuratorate support predicament appoint the Guangxi that center of cognizance of case of teenager of Liuzhou city housekeeping accepts guardian case open a court session is tried. Adjudge the lawful guardian that appoints courtyard of welfare of Liuzhou city children to regard predicament girl Zhang Mou as some on the court, make this firm full the girl of 8 one full year of life had afresh " " .
According to investigation, girl Zhang Mou some was born 2010, mother of from a child misses. From the girl piece such-and-such strong a baby's completion of its first month of life before long, in be being held in the arms to send to home of second of Zhang Mou of big younger sister by Zhang Mou armour, bring up, attend piece of such-and-such daily life life. 2013, the husband of second of Zhang Mou armour, Zhang Mou dies in succession. Because Zhang Mou second contracts serious eye disease and without fixed source of income, via Zhang Mou second and third of Zhang Mou of little younger sister discuss, the decision lets Zhang Mou some follows Zhang Mou third lives together
Some is in Zhang Mou during Zhang Mou lives in third home, because living condition of family of Zhang Mou third, family is too busy to attend,wait for a reason, zhang Mou some reads, have a meal wait for life growing place to need to cannot be ensured, be in for a long time roam about condition, be discovered by enthusiastic masses and mirror to hot line of Liuzhou municipal government for many times, call the police to public security mechanism appeal.
Housekeeping judge heads for courtyard of welfare of Liuzhou city children to note to be made enquire by the applicant
In January 2018, some is in Zhang Mou station of Liuzhou city deliverance is entered to undertake be keepinged apart temporarily protective below the help of mechanism of government of willow north district, public security, street community. Feburary 2018, liuzhou city deliverance stands with Zhang Mou some belongs to move of predicament children identity to live to Liuzhou city social welfare courtyard up to now. But this girl proves without census register and one's previous experience, cannot search legal guardian more or other comfortable case guardian, brought about its to settle reads and cannot be become in fact " orphan " .
For this, government of willow north district takes the lead called together the job 6 times harmonious meeting, girl of discussion research predicament the lawful custody problem henceforth. Among them, procuratorate of area of north of court of willow north district, willow tries to ensure the case gets justice, for many times meet and discuss is discussed, compare notes. Little center of home of town of court of willow north district, Liuzhou is in to relevant section the legal issue that in handling this case, involves had whole course commentate law, how-to.
In August 2018, some is in courtyard of welfare of children of city of political situation of citizen of government of willow north district, Liuzhou, Liuzhou and Zhang Mou street community, after fulfilling its to add up to classics of right profit issue to talk things over for many times for safeguard, tripartite is written affirm by welfare of children of applicant Liuzhou city the courtyard is held the position of by the applicant piece such-and-such and lawful guardian, tried a center to refer to case of teenager of Liuzhou city housekeeping appoint guardian requisition. Government of this people of division of north of willow of city of Liuzhou of brief of a case supervises and direct, support of procuratorate of people of division of north of Liuzhou city willow is sued.
After domestic little center accepts this proposal, housekeeping judge is read quickly roll, comb the doubtful point of this case, difficulty, be opposite to children welfare courtyard before Yuting some oneself undertook Zhang Mou visit. The branch such as classics court, procuratorate, public security, civil administration, street community tries hard with all possible means, all cannot move take piece of such-and-such birth certificate, also cannot check Zhang Mou some is born specificly time and birthplace dot, also cannot inquire the identity circumstance of piece of such-and-such mother, cannot find piece of such-and-such mother.
On August 23, open a court session of little center of Liuzhou town home hears this case, courtyard of welfare of Liuzhou city children entrusts litigant agent to represent an applicant, procuratorate of willow north area is sued as support just appear in court should appeal to, zhang Mou the fifth of the ten Heavenly Stem of street delegate, Zhang Mou regards some place area under administration as the witness appear in court attest. Applicant one party the relevant testimony data that issued public security mechanism and community to open to the court, procuratorate of willow north area stated support to sue reason and proposal, housekeeping judge the inquiry that some apiration states the Zhang Mou in issueing cognizance process notes, listened to witness testimony and organized both sides to have qualitative card, expressed respective opinion.
The court thinks via cognizance, some identity circumstance lacks girl Zhang Mou lawful and valid census register identification gives confirm, can reside according to public security mechanism, community only appoint meeting investigation obtains evidence proof material gives maintain, and door of the Ministry of Public Security, community is resided appoint the main message source that the investigation of the meeting obtains evidence all is Zhang Mou the allegation of the person such as third of armour, Zhang Mou. Show piece of some armour to had died, piece of such-and-such mother status is unidentified, investigate with all possible means in public security mechanism after visitting, still cannot find. According to this record proof, the personnel that some has custody to concern already all lost tutelar ability or ever not was willing to hold the position of guardian with Zhang Mou. And the institution that courtyard of welfare of Liuzhou city children regards Liuzhou citizen political situation as subordinate, have foster whole town is orphan, execute to perfect children raise with teach union, make children develop in the round, make children grown become the social deliverance responsibility of laborer of earn one's own living. For this, cogent safeguard and safeguard piece of such-and-such and legitimate rights and interests, make its can be below the case that lawful guardian takes care of custody, it is normal to solve settle to reach as soon as possible go to school real problem, the appeal be good law that applies for to appoint its to regard Zhang Mou as some guardian by children welfare courtyard sets.
The judge is adjudged on the court, the court decision appoints courtyard of welfare of Liuzhou city children to be piece of such-and-such guardian. First procuratorate support sue Guangxi predicament children appoints guardian case to get be settlemented satisfactorily.
Housekeeping judge expresses, protect health of minor body and mind lawfully, the legitimate rights and interests that ensures minor all the time since it is principle of law of importunate of society of our country law, also be the reform requirement that this second housekeeping tries to reform emphasizes particularly on somewhat. In this case, domestic little center is not searching Zhang Mou according to having evidence some is legal below the condition that arranges a guardian, set out from sufficient protection and the angle that fulfil minor to close right increase, appoint social welfare orgnaization to serve as guardian through legal order, this is people court rule in housekeeping reform is medium, according to reform the job asks, in law the beneficial attempt of applicable and aspirant travel is mixed exploration, make experience minor rights and interests kind the case got appropriate is handled.
This case regards Guangxi as first procuratorates support sues predicament children to assign guardian case, help from the bend force of mechanism of public security of case early days, street community, enthusiastic citizen, try each square concerted effort club in the process to the case, all reflected relevant function to the branch is safeguarded through judicatory form and ensure minor the effort on legitimate rights and interests. And this case by applicant Zhang Mou some basic message, the minor that also can join excellent little center to found grows in archives, by the court together relevant section, have fixed or nonsked pay a return visit to this case, ensure by the applicant each some legitimate rights and interests fulfils Zhang Mou reach the designated position. (Shan of Zhu Xiaoling, Liang Feng, Wei Lin)
