SPC Issues Guidelines on the Adjudication of Civil Cases Involving Minors by People's Courts

Recently, the General Office of the Supreme People's Court (SPC) has issued the Guidelines on the Adjudication of Civil Cases Involving Minors by People's Courts (the "Guidelines").

Comprising a total of 39 articles, the Guidelines consist of five parts, including general provisions, acceptance of cases, trial and adjudication, extended work, and enforcement and follow-up visits. In response to issues that have generated significant controversy in judicial practice and drawn considerable public attention, the Guidelines distill these issues into clear and practical rules for application. With respect to the determination of custody, the Guidelines emphasize that the best interests of the minor's physical and mental health shall be the primary consideration. For minors under the age of eight, the Guidelines specify that their opinions shall be heard in light of their age and intellectual capacity, with full respect given to their genuine wishes. Regarding property protection, the Guidelines clarify the criteria for reviewing a guardian's disposition of a minor's property or waiver of inheritance on the minors behalf. In the area of online rights protection, the Guidelines establish criteria for determining the validity of minors' online recharges and livestream tipping, as well as the handling of cases where such acts are found invalid, thereby addressing emerging needs in the digital era. In handling tort disputes, the Guidelines require courts to fully consider the physical and mental characteristics of minors and strengthen the protection of their rights and interests.



(Source: https://www.court.gov.cn/zixun/xiangqing/495081.html)

Note: The link to the Chinese official website of the document is for your reference.