BEIJING -- China has issued a new judicial guideline to refine how courts handle civil cases involving minors, aiming to better protect their rights and create a sound legal environment for their development.

Released by the Supreme People's Court (SPC), it is China's first dedicated judicial guideline in this area, setting out detailed rules covering the entire lifecycle of such cases.

Putting the best interests of minors first, the guideline emphasizes the role of courts beyond traditional rulings, extending to preventing juvenile misconduct, monitoring enforcement and addressing real-world issues such as online disputes.

PUTTING CHILDREN FIRST

At the heart of the guideline is the principle that decisions must be made in the "best interests of the minor."

According to Cai Jinfang, a senior judge with the SPC, this means taking into account a child's safety, emotional well-being, development and privacy in legal proceedings. Judges are instructed to adopt a more holistic and humane approach, providing minors with "special, priority and comprehensive protection."

This principle plays out in concrete ways. In custody disputes, courts are required not only to assess parents' caregiving capacity but also to fully listen to children's opinions -- even those under eight, if they are capable of expressing themselves -- and to determine their true wishes based on their age and level of intellectual development.

In practice, some local courts have already been moving in this direction. In Shanghai, judges have worked with social workers to conduct in-depth interviews with children involved in custody cases, producing detailed reports that help courts better understand their true wishes and emotional needs.

The rules also reinforce rapid-response mechanisms for child protection. Courts are required to act within 72 hours, or as quickly as 24 hours in urgent cases, when handling personal safety protection requests involving minors facing domestic violence.

BEYOND RULINGS

Another defining feature of the guideline is its emphasis on the "extended work" of courts, which refers to measures that go beyond simply issuing a judgment.

Courts are encouraged to bring in social investigators, psychologists and community organizations to assess family environments, provide counseling and offer family education guidance. In some cases, judges may recommend psychological intervention if a child shows signs of distress.

In cities like Shanghai, such practices are already established. Judges have long relied on family investigators, social work reports and psychological counseling in complex divorce cases, particularly when parental conflict affects the children.

"The new guideline effectively codifies these local innovations into a national framework," said a juvenile court judge at Shanghai's Changning District People's Court.

Importantly, the role of the court does not end with a ruling. The guideline calls for follow-up visits and long-term tracking of children's living conditions to ensure that decisions are implemented and continue to serve their best interests.

The guideline also shifts the focus from resolving disputes to preventing problems at their source, urging judges to take a more proactive role in early intervention and to strengthen family education to contain risk factors before they escalate into juvenile delinquency.

ADDRESSING NEW CONCERNS

The document also tackles a range of issues that have drawn growing public attention in recent years, from online spending by minors to disputes over guardianship and property.

In the digital realm, courts are given clearer criteria for determining the validity of contracts involving minors, such as in-game purchases or livestream tipping.

Judges must assess whether the transaction aligns with the child's age, understanding and ability to foresee consequences, and may order refunds if the contracts are deemed invalid.

On property rights, the guideline tightens scrutiny over guardians' handling of children's assets, including decisions to renounce inheritance on their behalf. The key test, again, is whether such actions genuinely serve the child's interests.

Lin Yanqin, a law professor at Beijing Normal University, noted that such provisions help fill gaps in areas like property guardianship for minors, where formal legal frameworks are still evolving.

To proactively address emerging challenges in protecting minors, China has been strengthening and updating its legal framework in recent years, with the Law on the Protection of Minors and the Law on Preventing Juvenile Delinquency revised, and the Law on Family Education Promotion promulgated.

In the recently adopted outline of China's 15th Five-Year Plan (2026-30), the country has pledged to step up efforts to prevent and curb juvenile delinquency, strengthen online protection for minors, and expand online education in the coming years.