Rule of law. File photo: VCG

The protection of underage children during divorce proceedings was highlighted by China's Supreme People's Court (SPC) in its latest instructions to courts nationwide, as the prevention of juvenile crime has recently become a major concern of the general public following several cases involving teenage offenders. 

The release of this instruction by the SPC will help prevent situations where the legitimate rights and interests of minors are disregarded, thereby effectively eliminating various negative factors that lead to juvenile delinquency, legal professionals told the Global Times.

According to the statement issued by the SPC on Monday, judges are required to remind divorcing parents of their legal obligations to their children and warn them of the consequences of violating related laws, the Xinhua News Agency reported on Monday.

In the instruction, the SPC includes the prevention of juvenile delinquency as a target task, and calls for a deeper investigation into the causes of juvenile delinquency and cases where the rights of minors are violated. The instruction states that if minors cause harm to others, both parents should jointly bear the tort liability in accordance with the relevant provisions of the Civil Code.

Divorcing parents will be fully informed of the legal consequences of forcefully taking or hiding underage children with the intention of gaining custody, the statement said.

Local courts are encouraged to deploy various media, online or offline, face-to-face or written, in text or via video, to highlight child protection at every stage of a divorce proceeding. 

Similar measures can also be introduced in other legal proceedings involving minors, said the SPC. 

Legal analysts pointed out that in the current Civil Code, there is no explicit mention of the protection of minor children of divorcing parents and education to prevent them from committing illegal acts in the chapter on divorce. The instruction from the SPC on Monday is the first time that specific requirements have been made for parents going through a divorce in this regard.

Therefore, the instruction is of great significance in avoiding the adverse effects of divorce disputes on minors and promoting their physical and mental health. It can effectively safeguard the legitimate rights and interests of minors, Meng Bo, a lawyer at the Beijing Jingsh Law Firm, told the Global Times on Monday.

The lawyer explained that according to current laws, parents have the obligation to support, educate, and protect their minor children. Parents or other guardians have a direct responsibility for providing crime prevention education to minors and should fulfill their guardianship duties according to the law. In cases where the parents of a minor are separated or divorced, they should cooperate with each other to fulfill their family education responsibilities, and neither party should refuse or neglect to do so.

The inclusion of preventing juvenile delinquency in the target tasks of the statement provides clear guidance for further efforts in preventing juvenile delinquency, he emphasized.

"The prevention of neglect or infringement of the legitimate rights and interests of minors can be maximized, which can effectively eliminate various negative factors that may lead to juvenile delinquency, thus playing a proactive role in preventing potential risks," Meng said.

The instruction from the top court came after several recent cases involving juvenile offenders triggered a profound reflection on juvenile crime in Chinese society, including the case of the brutal bullying and murder of a 13-year-old boy in Handan, North China's Hebei Province. A number of provinces have since urged local authorities to focus on key groups of underage children, and strengthen the protection provided by family, school and community.