CHINA Trends and Developments Contributed by: Liang Han, Huiyun Gao, Jie Teng and Yanfei Zhang, King & Capital Law Firm
sound collaborative mechanisms involving mediation, psychological counselling, social worker services and other multi-party collaborations for family cases. In family trials, courts actively guide parties to resolve disputes through non-litigious methods such as medi ‑ ation and settlement. Data shows a yearly increase in the mediation rate for family cases, reflecting a func ‑ tional shift in family justice from pure adjudication towards relationship repair. Adjudication principle: prioritising the best interests of the child It is noteworthy that the “principle of the best interests of the child” has been established in family jurispru ‑ dence. Derived from the Minor Protection Law and relevant provisions of the Civil Code, this principle mandates that in disputes involving child custody, guardianship and visitation, the interests of the minor are paramount. Courts comprehensively consider the minor’s rights to survival, development, protection and participation, ensuring the child’s best interests are not compromised by parental disputes. In judicial practice, courts introduce professionals such as psy ‑ chologists and social workers to assess the needs of minors, providing reference for adjudication. Collaborative governance: multi-departmental family dispute network The transformation of the family judicial model is also reflected in collaboration with relevant departments. Courts have established co-ordinated linkage mecha ‑ nisms with public security, civil affairs departments, women’s federations, social work organisations and others, forming a social network for resolving family disputes. For example, in cases of domestic violence, courts collaborate with public security authorities, shelters and psychological counselling agencies to provide comprehensive protection for victims. This multi-agency collaborative model exemplifies the socialisation trend of family justice and acknowledges that family matters require multi-party involvement. Legal Application of the 2025 Judicial Interpretation on Matrimonial and Family Matters Core significance: 2025 judicial interpretation of matrimonial and family matters The Interpretation (II) on the Application of the Book of Marriage and Family of the Civil Code of the People’s
Republic of China (“Interpretation (II)”), which came into effect on 1 February 2025 and was issued by the Supreme People’s Court, marks a new stage in China’s matrimonial and family law. This judicial inter ‑ pretation responds to current hot and difficult issues in matrimonial and family cases, reflecting the latest trends in this area of law. Property rights: parents’ contributions to marital property The identification of property rights regarding parents’ contributions towards purchasing property for their children after marriage is a key focus of Interpretation (II). Article 8 clearly stipulates that in the absence of an explicit gift contract, a property fully funded by one party’s parents, even if registered under the names of both spouses, may be awarded to the child of the funding parents upon divorce, provided reasonable compensation is made to the other party. This rule changes the previous simplistic approach and instead requires comprehensive consideration of factors such as the source of funds, the duration of the marriage and contributions to the family. Innovation: housework compensation system The system of compensation for housework is anoth ‑ er major innovation of Interpretation (II). Article 21 expressly provides that a spouse who has contributed more effort in raising children, caring for the elderly, assisting the other party’s work, etc, has the right to request compensation upon divorce. This rule breaks through the limitation of the original Marriage Law, which restricted housework compensation to cases under agreed property regimes, extending it to all mar ‑ ital property systems. The amount of compensation is no longer capped but is determined reasonably with reference to factors such as local income levels, the duration of the marriage and the specific contributions of housework. Clarification: spousal joint debt standards The standard for determining joint debts of spouses is further clarified in Interpretation (II). Article 3 states that if a creditor of one spouse has evidence proving that the property division clauses in the divorce agree ‑ ment affect the realisation of the creditor’s rights, they may request revocation of the relevant clauses. This provision prevents spouses from maliciously transfer ‑
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