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No. 3 of Eight Model Cases Issued by the Supreme People's Court: Wudian Villagers' Committee v. Lin A, for Deprivation of Guardianship (case of cancellation of guardianship)
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最高人民法院发布的八起典型案例之三：林丽某被撤销监护权案
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No. 3 of Eight Model Cases Issued by the Supreme People's Court: Wudian Villagers' Committee v. Lin A, for Deprivation of Guardianship (case of cancellation of guardianship)
(case of cancellation of guardianship)
最高人民法院发布的八起典型案例之三：林丽某被撤销监护权案
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[Key Terms]
maltreat minor children ; cancel guardianship ; designate another guardian
[核心术语]
虐待未成年子女;撤销监护人资格;另行指定监护人
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[Disputed Issues]
Where a parent who maltreats his or her minor child for a long time does not repent after being educated by competent entities, can the people's court disqualify him or her from guardianship and designate another guardian?
[争议焦点]
对于长期虐待未成年子女的父母，经有关单位多次教育仍不悔改的，法院能否撤销其监护人资格，另行指定监护人？
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[Case Summary]
Parents are usually natural guardians of minor children. But if parents infringe upon the lawful rights and interests of minor children such minor children's guardians shall be changed in accordance with the corresponding procedure for the purpose of protecting the lawful rights and interests of minors. According to Article 53 of the Law on the Protection of Minors "where parents or other guardians who do not perform their duties as guardians or infringe upon the lawful rights and interests of the minors under their guardianship refuse to mend their ways after being educated...
[案例要旨]
通常情况下父母是未成年子女的当然监护人。但是在父母对未成年子女的合法权益形成侵害的情况下应当从保护未成年人合法权益的目的出发依据相应的程序对未成年人的监护人进行变更。根据《未成年人保护法》第五十三条规定...
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No. 3 of Eight Model Cases Issued by the Supreme People's Court:
Wudian Villagers' Committee v. Lin A, for Deprivation of Guardianship | | 最高人民法院发布的八起典型案例之三：林丽某被撤销监护权案 |
| 1. Basic Facts | | （一）基本案情 |
| Lin A (female, full name withheld), a resident of Wudian Village, Bangtou Town, Xianyou County, Fujian Province, injured her nine-year-old biological son Lin (first name withheld) in the back and arms with a kitchen knife, and whipped him in the legs with tongs on multiple occasions. She also starved him now and then. From August 2013, the officials of the People's Government Bangtou Town and Wudian Villagers' Committee as well as the officers of Bangtou Police Station criticized and educated Lin A on multiple occasions, but she refused to behave herself. In January 2014, Putian Municipal Party Committee of the Municipal Communist Youth League and Putian Municipal Women's Federation in Fujian Province, along with the People's Government of Bangtou Town, Bangtou Police Station and other authorities, jointly educated Lin A, who made a written promise not to batter Lin again. Unfortunately, she still failed to behave herself as she had promised. Early in the morning of May 29, she cut Lin in the back and arms again with a kitchen knife. Consequently, Xianyou County Police Station issued an administrative punishment decision to hold Lin A in administrative detention for 15 days and imposed a fine of 1,000 yuan upon her. Putian Municipal Party Committee of the Municipal Communist Youth League, Putian Municipal Women's Federation and other relevant authorities took emergency measures and temporarily placed Lin in a municipal shelter. On June 13, the applicant Wudian Villagers' Committee requested the People's Court of Xianyou County to deprive Lin A of her guardianship in accordance with the law, and designate Wudian Villagers' Committee as Lin's guardian on the ground that Lin A had been maltreating Lin for a long time, which seriously affected Lin's physical and psychological well-being. During the court proceedings, the People's Court of Xianyou County consulted Lin's opinion. Lin indicated that he was reluctant to live with his mother Lin A, but at the same time he was unwilling to subject Lin A to criminal liabilities. | | 福建省仙游县榜头镇梧店村村民林丽某（女）多次用菜刀割伤其年仅9岁的亲生儿子林某的后背、双臂，用火钳鞭打林某的双腿，还经常让林某挨饿。自2013年8月开始，榜头镇人民政府、梧店村民委员会的干部及榜头派出所的民警，多次对林丽某进行批评教育，但林丽某拒不悔改。2014年1月，福建省莆田市共青团市委、市妇联以及榜头镇人民政府、榜头派出所等部门联合对林丽某进行教育。林丽某写下了不再殴打林某的书面保证，但仍不思悔改。5月29日凌晨，林丽某再次用菜刀割伤林某的后背、双臂。为此，仙游县公安局对林丽某作出行政拘留十五日，并处罚款人民币一千元的行政处罚决定。莆田市共青团市委、市妇联等有关部门采取应急措施，将林某送入市救助站予以临时安置。6月13日，申请人梧店村民委员会以被申请人林丽某长期对林某实施虐待行为，严重影响林某的身心健康为由，向仙游县人民法院请求依法撤销林丽某对林某的监护人资格，指定梧店村民委员会作为林某的监护人。仙游县人民法院在审理期间，征求林某的意见。林某表示不愿意随其母林丽某共同生活，也不愿意追究林丽某的刑事责任。 |
| ．．．．．． | | （二）裁判结果 |
| | 仙游县人民法院经审理认为，监护人应当履行监护职责，保护被监护人的身体健康，照顾被监护人的生活，对被监护人进行管理和教育。被申请人林丽某作为林某的监护人，未采取正确的方法对林某进行教育引导，因认为林某不听话，即采取打骂等手段对林某长期虐待，经有关单位教育后仍拒不悔改，再次用菜刀割伤林某，其行为已经严重损害了林某的身心健康，故其不宜再担任林某的监护人。依照民法有关规定，判决撤销被申请人林丽某对林某的监护人资格；指定申请人梧店村民委员会担任林某的监护人。 |
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