China’s law on Family

China
March 1, 2024

In central China in the Hunan province a 9-year-old girl who was neglected by her divorced parents was forced to live with a nanny. A court in Tianxin district of Changsha city, in the Hunan province ordered the girl to live with her mother. This becomes the first case of involving the new law heard by the Chinese court.

China enacted its family education law ever on January 1, 2022, instructing parents to become responsible guardian parents with legal responsibility. It is the first ever legislation which the state interferes as the issue of family welfare and responsibility.

The family education Promotion Law has 6 chapters and 55 articles which stipulates the responsibilities of guardians of minors, family education responsibilities of both the parents, no matter the obligation of each of them, should be done together whether they are divorced or separated as it is their legal responsibility towards the state as well. The law emphasis on education law, compulsory education law and the law protecting minors as well as underlining factor towards the principle of socialism.

The purpose of the law is to instruct parents to be responsible parents and the state helps through the public system when they come across difficulties in parents attending them. Non- profit organizations shall be entrusted to work in this education system with a basic fee and if that is charged beyond the demarcated line the state shall intervene to penalize them.  If the parents violate the said principles of education, they shall be penalized with fines and penalties.

Generally, in the Chinese social structure the children undergo strenuous lessons to meet the parent’s expectation of study. The educational institutions were held responsible for the non-performance of the children. Sometimes it holds the teacher or the institutions responsible for their inability of performance or sometimes either.

The legislations have brought in the ‘double reduction policy’ were in the parents become majorly responsible if the children do not do well at school. The law also refers to reducing the school assigned homework as well as off-campus tuition programs. This is intended to reduce the stress off the children at their tender age.

Excessive academic burden is vanned giving priorities to rest, recreation and physical exercise.

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