
(C) SCMP
Zhengzhou, China — In a landmark ruling that has sparked intense debate over children’s property rights, a 10-year-old boy in Henan Province has successfully sued his father for misappropriating his "Hongbao" (Lunar New Year red envelope money).
The Conflict: From "Luck" to Legal Action
The plaintiff, a boy identified by the pseudonym Xiaohui, had lived with his father, Mr. A, since his parents' divorce two years ago. Over several years, Xiaohui had accumulated a significant sum of money through traditional gift-giving during the Lunar New Year and other holidays.
The conflict erupted when Xiaohui discovered that his father had depleted his entire savings—totaling approximately 82,750 yuan (approx. $11,500 / 17 million KRW)—to fund his own remarriage ceremony and associated expenses. After failed attempts to resolve the matter within the family, the young boy, supported by his mother, took the extraordinary step of filing a lawsuit against his father.
The Court’s Ruling: Guardianship vs. Ownership
On February 26, 2026, the Zhengzhou People’s Court ruled in favor of the child, ordering the father to return the full amount plus accrued interest. The court's decision was based on several key pillars of Chinese Civil Law:
Nature of the Gift: The court clarified that "Hongbao" is a legal form of gift/donation (증여). Once given, the legal ownership resides with the recipient, regardless of their age.
Limited Authority of Guardians: While parents have the right to "manage" a minor's assets as legal representatives, the court emphasized that this management must strictly serve the best interests of the child.
Prohibition of Personal Use: Using a child's savings for a parent’s personal wedding expenses was deemed a clear violation of the child's property rights.
"A guardian's duty is to protect and preserve the minor's assets," the presiding judge stated. "Using a child's wealth for a parent's remarriage is an arbitrary misappropriation that oversteps legal boundaries."
Legal Context in China
Under current Chinese law, children aged 8 and older are considered "persons with limited capacity for civil conduct." While they can engage in age-appropriate transactions, their larger assets must be overseen by parents. However, the law is increasingly siding with children in "red envelope disputes," reflecting a shift toward individual rights within the traditional family structure.
Public Outcry and Social Reflection
The case has gone viral on Chinese social media platforms like Weibo, drawing millions of views. The public reaction has been overwhelmingly critical of the father:
Financial Ethics: Many users argued that if a parent cannot afford a wedding without raiding their child’s piggy bank, they are not financially prepared for a new marriage.
Maternal Influence: Some pointed out that "Hongbao" money often comes from the maternal side of the family, making the father's unilateral use of the funds even more contentious.
Educational Moment: Legal experts suggest this case serves as a vital lesson in "financial literacy" and "legal awareness" for the younger generation in China.
Conclusion
This ruling sends a clear message to parents across the country: the "red envelope" may be a family tradition, but the money inside is a legal asset. As Xiaohui prepares to reclaim his 17 million won, the case stands as a significant precedent for the protection of minors' financial autonomy in the modern era.
[Copyright (c) Global Economic Times. All Rights Reserved.]


























