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Home»Explore by countries»China»China’s policymakers make child welfare top priority
China

China’s policymakers make child welfare top priority

By IslaApril 13, 20266 Mins Read
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China has traditionally valued the strength and potential of its young people. Whereas Confucius said they should “be regarded with awe”, Mao Zedong compared them to “the sun at 8 or 9 o’clock in the morning”. Speaking directly to the country’s youth, Mao added: “The world is yours as well as ours, but ultimately it’s yours”.  

Children’s Day on the Chinese mainland falls on June 1 (in Hong Kong, it is April 4), and honors children while promoting their rights. It particularly benefits children aged up to 14 who are given a school break, allowing them to enjoy family and other recreational activities. Although Hong Kong does not officially mark its own Children’s Day, the Commission on Children, chaired by the chief secretary, Eric Chan Kwok-ki, is hopefully considering the issue.

In 2023, according to the United Nations Children’s Fund, there were approximately 285.8 million people under the age of 18 in China. This was the world’s second-largest child population, after India. As with vulnerable people everywhere, Chinese children require safeguarding, and Law of the People’s Republic of China on the Protection of Minors (2020 Edition) provides a framework for their protection. It covers all aspects of a minor’s life, including family environment, school safety, and legal safeguards.

The Law places a heavy emphasis on the “best interests” of the child (Art 4). This means, for example, that judges should consider all the circumstances in child cases and choose an approach that best protects a child’s rights and welfare. The courts keep their processes under ongoing review, and recent updates address cyberbullying, internet addiction, and data privacy for minors.

The Law’s focus is also upon developing child-friendly environments, strengthening the role of child welfare directors in local communities, and improving services for children in extreme poverty or with disabilities.

Whereas the Law requires parents to educate and protect children (Art 7), schools are expected to ensure safety, prevent bullying, and provide ethical education (Art 5). There is a common duty on everyone involved in child welfare to assist minors “to safeguard their lawful interests, enhance their awareness and ability of self-protection” (Art 6).

Since 2020, staff in schools and child care agencies have been required to report suspected abuse, bullying, and child abandonment (on Jan 20, Hong Kong adopted a similar law).

The central government’s objective is to promote child-friendly development across the country. This aligns with the 15th Five-Year Plan (2026-30), which envisages the healthy development of the younger generation

On April 1, the Ministry of Civil Affairs supplemented the Law by issuing two regulations designed to improve approaches to child welfare and assistance for minors. In consequence, State-run child care facilities are expected to provide a variety of services for children in care, including living support, family tracing, medical care, education, security, and psychological counseling. They are also tasked with crisis intervention and guardianship assessment responsibilities for vulnerable children outside their immediate custody.  

The central government’s objective is to promote child-friendly development across the country. This aligns with the 15th Five-Year Plan (2026-30), which envisages the healthy development of the younger generation. While local governments are expected to take children’s characteristics and needs into account when drafting policies and regulations, their specific requirements should also be prioritized in urban planning and resource allocation. Every effort must be made to improve their recreational activities and increase children’s access to essential public services, including education and healthcare.  

Moreover, if cases go to court, specialized legal procedures already exist for children (as in Hong Kong) and these are being strengthened. On March 18, the Supreme People’s Court issued its first judicial pronouncement specifically addressing civil trials involving minors. It provided guidelines for courts to follow when handling civil cases involving children. The “best interests of the child” is the guiding principle for handling these cases, and the courts must apply standardized procedures to ensure that minors receive proper guidance, support and privacy protection. If, for example, a dispute arises over online contracts, judges must assess a child’s understanding of their actions and their ability to foresee consequences. The idea is to determine if a contract is appropriate for the child’s age, thereby establishing its legal validity.

Once cases have concluded, a follow-up mechanism to monitor a child’s progress will also be implemented. This is intended to ensure timely interventions if new challenges emerge to its welfare.

If children become involved in juvenile delinquency, the criminal courts, depending upon the gravity of the crime, seek to apply a “punishment with education and rehabilitation” policy. In other words, reform first, punishment second, at least for less serious offenses. If juveniles who commit minor offenses are under 14 years old, they can be sent to rehabilitation centers that emphasize reform over punishment. In 2025, judges and prosecutors prioritized child welfare throughout the criminal justice system.

When the president of the Supreme People’s Court, Zhang Jun, and the prosecutor general of the Supreme People’s Procuratorate, Ying Yong, presented their annual Work Reports to the 14th National People’s Congress (NPC) last month, they both emphasized the need to strengthen judicial protections for minors. Whereas, for example, prosecutors charged 73,000 people in 2025 for crimes infringing on minors’ rights, judges barred 1,199 individuals from working in positions involving close contact with children. Zhang explained that the courts sought to strike a balance between strictness and leniency, while Ying said that prosecutors sought to combine punishment with education and rehabilitation. Although prosecutors charged 56,000 minors with offenses last year, 16,000 juveniles involved in less serious crimes who showed remorse were granted conditional nonprosecution orders.

The authorities have, moreover, strengthened the coordinated child protection system, which is welcome. As the NPC was informed, this meant the courts have handled criminal, civil, and administrative cases involving minors in an integrated manner aligned with China’s “six protections” framework, which involves families, schools, society, the online sector, government departments, and the judiciary. A holistic approach has much to commend it and benefits not only the minors involved but also the wider community, making it more secure.

President Xi Jinping once said, “Children are the future of the country and the hope of the Chinese nation,” and few would disagree. Therefore, it should come as no surprise that child welfare is now integral to national policymaking across the board. This benefits everybody, and is undoubtedly the correct path to travel.

 

The author is a senior counsel and law professor, and was previously the director of public prosecutions of the Hong Kong Special Administrative Region; he is an honorary consultant to the Child Protection Institute of Against Child Abuse (Hong Kong).

The views do not necessarily reflect those of China Daily.



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