Hello everyone, my parents secretly took my nearly 10,000 yuan of New Year s money, is it illegal?

In July 2016, Xiao Fang (pseudonym), a female college student in Yunnan Province, sued her parents for failing to pay her college tuition after her divorce, demanding that her parents pay 60,000 yuan from her childhood. After the court accepted the case, the presiding judge learned that Xiaojuan's parents had turned the conflict between them into an unwillingness to pay their daughter's tuition, and believed that the case could not be resolved directly, so he planned to give priority to coordination, and finally, under the coordination of the judge, Xiaofang's parents paid 1,800 yuan for Xiaofang's university tuition and living expenses until Xiaofang graduated from university.

The New Year's money can also be sued to get it back, so at first glance, the child should give the New Year's money to the child, but the case has been unsolved, attracting the attention of many netizens, and the netizens are naturally divided into two factions. Most of them believe that because the New Year's money is given to their children by their parents' friends, the parents will also give each other's children the New Year's money accordingly, so the New Year's money can be seen as a return, because if the other party gives, the parents will also give, therefore, it is reasonable for parents to take their children's New Year's money, not illegal; The opposite side argues that it is illegal for the child to be given to the child, and the parents should only have the right to help keep it, and should not use it indiscriminately without the child's knowledge. <>

So, is it illegal for parents to embezzle their children's New Year's money, if it rises to the legal level? In fact, it is against the law. According to Article 10 of the Opinions on the Implementation of the General Principles of the Civil Law promulgated by the Supreme People's Court of China, it is pointed out that the management and protection of the ward's property is one of the accusations of the guardian, that is, the parents only play the role of support and should not be misappropriated.

Adults, as guardians, are expected to perform their duties. When using the money, they should tell the child what the money will be used for, such as to enroll the child in interest classes, buy insurance, and other beneficial behaviors for the child, and then use the child's New Year's money. Here's another example to explain.

A mother in Jiangsu province was sued by her husband and children for taking money from her underage children. The court ordered the mother not only to return the principal but also to pay interest on her bank account. The court held that parents, as guardians, should play a role in protecting the interests of their children, and should not use their children's property privately, nor for the interests of their children, and should not use New Year's money.

Therefore, it is illegal for the parents of the subjects to secretly take 10,000 yuan of New Year's money, but it is also necessary to make a specific analysis of their living conditions. There is no need to go to court with your parents unless you have to.

It is illegal to legally stipulate that it is illegal for parents to secretly take 10,000 yuan of New Year's money, but it is also necessary to make a specific analysis of their living conditions. Because your New Year's money is repaid by your parents, not by your own ability. There is no need to go to court with your parents unless you have to.

This behavior is not illegal, and if you feel uncomfortable, you can communicate with your parents, and this kind of problem can generally be solved.

It's not illegal, after all, the New Year's money is generally given to parents, and it's not much use to hold it yourself.

It's illegal, because it's stealing, if it's communicated in advance and then you get the New Year's money, you won't break the law.

Legal analysis: If parents take their children's New Year's money without the consent of the children, it is strictly illegal, but it does not constitute a crime.

Because the New Year's money given to the child is a gift to the child, which belongs to the personal property of the child, the child has the right to keep it by himself, and if the child does not agree, the parents and even the guardian cannot force the child to hand it over.

Legal basis: Article 35 of the Civil Code of the People's Republic of China: Guardians shall perform guardianship duties in accordance with the principle of the best interests of the ward. Guardians must not dispose of the ward's property except to protect the ward's interests.

When making decisions related to the ward's interests, the state guardian of a minor shall respect the true wishes of the ward based on the ward's age and mental status.

It is illegal for parents to dispose of their children's New Year's money at will, but parents can help their minor children keep their property. Because ordinary minor children are persons with no or limited capacity for civil conduct, their parents need to protect their property rights and interests. However, parents cannot dispose of their children's property at will, except in the interests of the children.

Article 35 of the Civil Code of the People's Republic of China: Guardians shall perform guardianship duties in accordance with the principle of the best interests of the ward. Except for the purpose of protecting the ward's interests, the guardian must not dispose of the ward's property. When minors' guardians perform guardianship duties, they shall respect the ward's true wishes based on the ward's age and mental state when making a late decision related to the ward's interests.

Legal analysis: If parents take their children's New Year's money without the consent of the children, it is illegal in the strict sense, but it does not constitute a crime. Because the New Year's money given to the child is a gift to the child, which belongs to the child's personal property, the child has the right to keep it by himself, if the child does not agree, the parents and even the guardian cannot force the child to hand it over.

Legal basisArticle 35 of the Civil Code of the People's Republic of China: Guardians shall perform guardianship duties in accordance with the principle of the best interests of the ward. Except for the purpose of protecting the interests of the ward, the guardian must not dispose of the ward's property on a disposition.

When performing guardianship duties, the guardians of minors shall respect the true wishes of the wards based on the ward's age and mental status when making decisions related to the ward's interests.

Adult guardians performing guardianship duties shall respect the true wishes of the ward to the greatest extent possible, and ensure and assist the ward in carrying out civil legal conduct appropriate to their intellectual and mental health status. Guardians must not interfere in matters that the ward has the ability to handle independently.

Legal analysis: The New Year's money given by adults to children belongs to the "gift" in the civil law. The New Year's money is a gift contract relationship, and once the "red envelope" is accepted by the child, the gift contract is established.

Some parents believe that the money given by relatives and friends to their children is only nominal, and the children only act as a bridge between adults. This is not true.

Considering that the child is not yet an adult, it is difficult to dispose of such a large amount of money, and it is possible to develop the habit of squandering, so more parents keep these New Year's money for their children, which also has a legal basis. Article 10 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of the Civil Law stipulates that it is one of the duties of guardians to manage and protect the property of their wards.

Since it is a safekeeping, parents cannot use it casually. The General Principles of the Civil Law stipulate that a guardian shall not dispose of the property of the ward except for the benefit of the ward.

If it is purely for the benefit of the child, such as buying commercial insurance for the child and letting the child participate in learning and training, it is possible to use the child's New Year's money.

Legal basis: Article 34 of the Civil Code of the People's Republic of China The duties of the guardian are to carry out civil juristic acts and protect the personal rights, property rights and other legitimate rights and interests of the ward.

The rights of guardians arising from the lawful performance of guardianship duties are protected by law.

Where guardians do not perform guardianship duties or infringe upon the lawful rights and interests of their wards, they shall bear legal responsibility.

Where due to emergencies such as emergencies, guardians are temporarily unable to perform guardianship duties, and the ward's life is in a state of no one to take care of them, the residents' committee, villagers' committee, or civil affairs department for the ward's domicile shall arrange necessary temporary living care measures for the ward.