Minors represent the nation¡¯s future and the hope of its people. Safeguarding minors bears on the well-being of numerous households as well as social harmony and stability.

To comprehensively sum up achievements in judicial protection of minors¡¯ civil rights and interests, pool joint forces for minor protection, and build a sound environment conducive to minors¡¯ healthy development, on May 26 ahead of International Children¡¯s Day, the Shanghai Hongkou District People¡¯s Court (hereinafter the ¡°Hongkou Court¡±) held a press conference to release its White Paper on Trials Concerning Protection of Minors¡¯ Civil Rights and Interests alongside typical cases and fielded questions from reporters. The court systematically sorted out trial practices over the past six years, analyzed root-cause problems, and offered practical suggestions.

At the press conference, Sha Xun, Vice President of the Hongkou Court, reported on the court¡¯s adjudication of such cases from 2020 to 2025. Lu Yi, Chief Judge of the Civil Division, presented eight typical cases. Both then answered reporters¡¯ questions on matters such as how the court has implemented the principle of ¡°in the best interests of the minor¡± and extended judicial services for minor-related disputes. The press conference was moderated by Xu Yang, Director of the Political Department and Spokesperson of the Hongkou Court. Attendees included: some municipal and district-level People's Congress deputies and Chinese People¡¯s Political Consultative Conference (CPPCC) members, representatives from the Hongkou District Education Bureau, the Hongkou District Women¡¯s Federation, the Hongkou District School¨CFamily Education Research and Guidance Center, the Hongkou Workstation of the Shanghai Sunshine Community Youth Service Center, and various schools, and some journalists.

Fluctuating Growth of Case Volume; Family-related Matters Account for Over 70%

According to the White Paper on the Protection of Minors¡¯ Civil Rights and Interests, the Hongkou Court concluded 1,436 civil cases involving minors between 2020 and 2025, with the overall case volume on a fluctuating upward trend.

By cause of action, the cases were primarily concentrated in traditional family-related matters such as divorce, inheritance, and child custody, which accounted for over 70% of the total. Tort disputes involving minors rose markedly from 12 in 2020 to 55 in 2025. Of such tort cases, disputes concerning rights to life, bodily integrity, and health took up 56.55%, reflecting a rising number of minor injuries arising from third-party tortious conduct or deficient safety safeguards at public premises in daily life.

By case disposition, 604 cases (44.05%) were concluded by judgment; 377 cases (27.49%) by mediation; and 284 cases (20.7%) by withdrawal. The combined proportion of mediated and withdrawn cases stood at 48.19%, exceeding the percentage of judgments. The full-process mediation mechanism clarifies the scope of rights and obligations via flexible negotiation and legal interpretation, thereby effectively lifting the mediation rate.

Focusing on Deep-Rooted Pain Points to Improve the Quality and Effectiveness of Minor Protection

The White Paper points out that the adjudication of civil cases involving minors reveals multiple deficiencies in family and social governance, which mainly fall into three categories:

First, parents tend to tie marital emotional disputes to child custody. Some divorced parents shift marital conflicts to their children, giving rise to problems including emotional instrumentalization, abuse of procedural rights (e.g., abducting and hiding children), and obligation bundling (tying child support to visitation rights). Such conduct seriously violates minors¡¯ statutory right to care and companionship from both parents.

Second, many guardians fail to duly perform their guardianship obligations. Two types of dereliction¨Cobjective dereliction (long-term abandonment, arrears in child support, etc.) and functional dereliction of duty (excessive doting, inappropriate parenting, excessive pressure, unauthorized disposal of minors¡¯ property, etc.) ¨Cconstitute key triggers for guardianship revocation litigation and minor-related tort claims.

Third, safety administration at public premises has notable loopholes. Insufficient risk identification and preventive management, lax dynamic patrol and intervention, plus unprofessional post-accident response and handling constitute major hidden hazards leading to minor injuries on public premises.

Four Practical Measures to Build a Dense Judicial Safety Net for Minors

In response to the above issues, the White Paper proposes four practical measures:

First, foster sound child-rearing philosophies: Disseminate legal knowledge via typical cases, circuit trials and short videos; collaborate with schools to deliver family education guidance; make good use of the Family Education Guidance Order and the Personal Safety Protection Order; and explore a ¡°judicial plus social work¡± mechanism for family affairs investigation and mediation to guide parents to raise children in compliance with the law.

Second, enhance intervention and supplementary support for family guardianship: Rely on civil affairs authorities to carry out grid-based screening of guardianship risks; activate the emergency intervention functions of minor protection stations; give full play to schools¡¯ role in early identification and guidance; and refine the deposit and supervision regime for minors¡¯ property.

Third, consolidate protection barriers on public premises: Define the scope of operators¡¯ safety guarantee obligations; push forward child-friendly upgrading of public premises; strengthen targeted oversight of emerging business formats including escape rooms; and encourage operators to upgrade emergency response capabilities on the premises.

Fourth, improve supporting mechanisms for long-term protection: Pilot the system of legal representatives for minors¡¯ legitimate rights and interests; set up a regular follow-up mechanism; advance the development of public visitation bases; and introduce referral mechanisms for psychological assessment and counseling.

Typical Cases Clarify Adjudicatory Rules Through Legal Interpretation

The eight typical cases announced at the press conference span such fields as visitation rights, tattooing-related torts, guardianship alteration, and personal safety protection orders. These cases unpack prevalent legal disputes from diverse scenarios and dimensions, clarifying relevant adjudicatory rules and codes of conduct.

In one case, for example, Du X Jia had never visited his son Du Xiao X for over a decade after his divorce, and had cut off all contact after paying only a portion of child support. Du Xiao X sued, requesting that his father visit him and pay the overdue child support. The court issued a Family Education Guidance Order to Du X Jia on the spot, ordering him to visit his son on a regular basis and receive family education guidance, while also entrusting a youth social worker to facilitate the visits. Eventually, father and son reconnected and developed a harmonious relationship, and the child¡¯s academic performance steadily improved. This case clarifies that visitation rights are not only a right of the parent who does not primarily live with the child, but also an obligation; moreover, a child has the right to proactively request visitation by a parent.

In another case, Sang Xiao X, under the age of 18 at the time, located a tattoo parlor via an online platform and got a tattoo there. Later, as the tattoo hampered his job prospects, Sang Xiao X filed a lawsuit against the operator, with the procuratorate supporting the litigation. The court ruled the tattoo parlor operator was obviously at fault for failing to check Sang Xiao X¡¯s age prior to offering skin-penetrating tattoo services. Upon mediation, the operator tendered a verbal apology before the court and reimbursed the tattoo fees plus partial tattoo removal costs. This case underscores that providing tattoo services to minors is illegal and that operators must strictly verify clients¡¯ ages and faithfully fulfill their obligations to protect minors.

In a third case, 8-year-old Shi Xiao X suffered a tooth injury after being hit by a toy gun wielded by adult player Gu X during a live-action CS game. The court held that Gu X, as an adult, was grossly negligent in the course of the game; Company A, the venue operator, failed to eliminate on-site safety hazards and provide safety equipment, thereby breaching its safety guarantee obligations. Shi Xiao X¡¯s guardian also failed to fulfill guardianship duties by not equipping the child with protective gear or providing on-site accompaniment, and shall bear corresponding liability. This case clarifies that the assumption-of-risk doctrine does not exempt operators and organizers from their safety guarantee obligations; likewise, other participants who cause harm to others through intent or gross negligence are not exempted from liability.

To protect juveniles is to safeguard the future. Against the new backdrop, efforts to protect minors¡¯ civil rights and interests are confronted with intricate conflicts arising from conventional family disputes as well as challenges spawned by new business formats and emerging scenarios. Going forward, the Hongkou Court will consistently adhere to the principle of ¡°in the best interests of the minor¡±, resolve governance bottlenecks with law-based thinking and meet public expectations via institutional innovation, enabling every child to thrive under the sunshine of the rule of law and pursue their dreams with confidence.

Comments from Deputies and Committee Members

Bian Hua, Deputy to the Shanghai Municipal People¡¯s Congress; Director of the Hongkou Workstation of the Shanghai Sunshine Community Youth Affairs Center

The White Paper draws on solid statistics to identify new features and trends of civil cases involving minors. In particular, its analysis of deep-seated problems¡ªsuch as parents improperly tying marital sentiments to child custody and inadequate performance of guardianship duties¡ªtargets existing pain points precisely. Covering multiple scenarios concerning visitation rights, tattooing-related torts, and personal safety protection orders, the typical cases set forth explicit adjudicatory rules and clear behavioral guidelines, establishing a distinct social orientation for the judicial protection of minors. We hope that the court will further refine innovative mechanisms including the ¡°judicial plus social work¡± model, enabling the sunshine of the rule of law to warm every child.

Yu Qi, Deputy to the Hongkou District People¡¯s Congress; Secretary of the Party Branch and Principal of Guangling Road Primary School

Protecting the healthy growth of minors calls for coordinated efforts under the Six-pronged Protection system covering family, school, society, government, cyberspace, and judiciary. The White Paper released by the Hongkou Court systematically sorts out problems prevailing in minor-related disputes, including deficient guardianship and loopholes in safety management at public premises, and puts forward practical proposals such as building up robust protection barriers through concerted social efforts. The proposals are highly targeted and practicable. Particularly noteworthy are the fresh ideas featured in the White Paper, such as the system of legal representatives for minors¡¯ rights and interests and the establishment of public visitation bases. It is expected that judicial organs will deepen linkage with women¡¯s federations, education and civil affairs authorities, embed judicial protection into the broader framework of family, school, and social protection, and jointly build a solid ¡°firewall¡± safeguarding minors¡¯ legitimate rights and interests.

Ding Bei, Member of the CPPCC Hongkou District Committee; Secretary of the Party Branch and Principal of Shanghai Jiangwan Junior High School

As a member of the CPPCC Hongkou District Committee and principal of a junior high school, I have deeply observed in daily school management that family changes and child custody disputes, even those not escalated to litigation, can directly affect students¡¯ emotional stability and in-school performance. The White Paper delivers a timely response to such real-world scenarios, featuring accurate judgment on the trends of minor-related cases and a distinct problem-oriented approach. The court¡¯s discretionary award of mental damage compensation even in the absence of minor disability and the adoption of flexible adjustment periods in child support disputes embody both judicial compassion for minors¡¯ physical and mental traits and judicial wisdom in balancing legitimate rights and interests, providing replicable adjudicatory rules for similar cases. We suggest that the court further extend its judicial functions through judicial suggestions, circuit trials, and other means to urge managers of public premises to fully perform their statutory obligations, reduce minor-related disputes at the source, and jointly consolidate the rule-of-law barrier for minor protection.