Courts target child abuse done under guise of ‘strict parenting’

A police officer gives a lecture to boost residents’ anti-domestic violence awareness in Haian, Jiangsu province, in November 2023 [China Daily]

China’s courts are tightening scrutiny on child abuse committed under the guise of “strict parenting,” a long-standing cultural norm that continues to blur the line between discipline and violence in many households. Legal scholars and judges say the shift reflects a broader recognition: what some parents still defend as firmness can cause deep, lasting harm and, in many cases, qualifies as domestic violence.

In late November, the Supreme People’s Court spotlighted eight representative rulings and underscored a “zero-tolerance” approach toward violence inside families, particularly cases involving minors. The high court instructed judges nationwide to prioritize children’s well-being and made clear that parents and guardians who use force as a teaching tool may be committing domestic abuse. Courts, it added, should be prepared to alter custody arrangements when violence distorts a child’s understanding of family relationships, damages mental health or triggers imitative behavior.

“Parents do not have any extralegal privilege to commit domestic violence against their children,” said Tong Lihua, director of the Beijing Children’s Legal Aid and Research Center, in remarks to China Women’s News. For parents whose conduct involves severe or repeated harm, he said, courts should assess intent as well as the methods and frequency of abuse, and apply the law forcefully.

A Shanghai case illustrates how that approach is now unfolding. In 2024, a woman surnamed Li sought custody of her 11-year-old daughter after discovering her ex-husband, Pang, had repeatedly beaten and berated the child. According to case details disclosed by the nation’s top court, Li twice called police — once in March 2023 after Pang struck the girl’s mouth with a slipper hard enough to cause bleeding, and again in September 2024 after he whipped her with a belt. Medical records later showed extensive bruising. The girl reported frequent beatings, withdrew emotionally, struggled with insomnia and was eventually diagnosed with severe depression.

Pang admitted he drank regularly but insisted his actions were merely “normal discipline.” The Changning District People’s Court rejected that claim, determined that his conduct constituted domestic violence, and transferred custody to Li in February. Judges also ensured the child received psychological support throughout the proceedings. The Supreme People’s Court cited the case as a clear affirmation that violence masquerading as discipline must be treated as domestic abuse. “Children are not the private property of their parents,” it said.

Another Beijing case further clarified the standard. A woman surnamed Su reported multiple incidents of violence by her then-husband, Ji, during and after her pregnancy. Police issued Ji a domestic-violence warning. Although their 2023 divorce agreement initially gave Ji custody until their daughter turned four, Su later found he was not adequately caring for the child and took her back. Ji then sought court intervention. Su counter-sued, submitting WeChat messages, audio evidence and the earlier police warning.

The Chaoyang District People’s Court ultimately granted custody to Su, weighing the child’s age, her emotional bond with her mother and the harm caused by Ji’s violent behavior. Violent parents, the ruling reiterated, are generally unsuitable caregivers. The Supreme People’s Court noted that international norms require courts to consider the safety of victims and children when setting custody and visitation.

China has been increasing legal penalties for domestic violence more broadly. Since 2021, prosecutors have charged more than 3,400 suspects, according to the Supreme People’s Procuratorate. But legal experts say more precise standards are needed to distinguish appropriate discipline from abuse — an ambiguity that some parents exploit. Tong warned that lenient penalties in severe cases, including those involving injury or death, can mislead the public into believing harsh parenting is acceptable.

Experts also call for stronger cooperation among schools, communities, police and hospitals to identify signs of abuse, including psychological trauma that may be harder to detect. Symptoms such as nightmares, anxiety, social withdrawal and aggression should trigger referrals for medical evaluation, they say, with diagnoses preserved as evidence. China Daily Reporter, MDT/China Daily