In response to growing concerns over juvenile crime, China’s Supreme People’s Court (SPC) issued new instructions highlighting the protection of underage children during divorce proceedings nationwide.
Legal professionals, speaking to the Global Times, noted that the release of these instructions by the SPC aims to prevent situations where the legitimate rights and interests of minors are overlooked, effectively addressing factors that contribute to juvenile delinquency.
According to the Xinhua News Agency, judges are now mandated to remind divorcing parents of their legal obligations to their children and warn them of the consequences of violating related laws.
The SPC’s instructions include the prevention of juvenile delinquency as a key task, emphasizing the need for deeper investigations into the causes of juvenile delinquency and cases where minors’ rights are violated. It specifies that if minors cause harm to others, both parents should bear tort liability jointly as per relevant provisions of the Civil Code.
Additionally, divorcing parents will be fully informed of the legal repercussions of forcibly taking or hiding underage children to gain custody.
Local courts are encouraged to utilize various media formats, both online and offline, to underscore child protection at every stage of divorce proceedings. Similar measures may also be implemented in other legal proceedings involving minors, according to the SPC.
Legal analysts highlighted that the current Civil Code lacks explicit mention of minor children’s protection and prevention of illegal acts by divorcing parents. Thus, the SPC’s instructions are significant in averting adverse effects of divorce disputes on minors and promoting their well-being.
Meng Bo, a lawyer at Beijing Jingsh Law Firm, emphasized that parents have an obligation to support, educate, and protect their minor children, even after separation or divorce. He noted that the inclusion of preventing juvenile delinquency as a target task provides clear guidance for efforts to safeguard minors’ rights and interests.
The issuance of these instructions follows recent cases involving juvenile offenders, prompting reflection on juvenile crime in Chinese society. Provinces have since been urged to focus on key groups of underage children and strengthen protection measures provided by family, school, and community.