Is it illegal for parents to take away their children's lucky money privately?
It is illegal for parents to confiscate their children's lucky money for their own consumption. Children have property ownership, and parents have no right to dispose of their children's property. A guardian shall perform his guardianship duties in accordance with the principle of being most beneficial to the ward. In addition to safeguarding the interests of the ward, the guardian shall not dispose of the ward's property.
Legal analysis
According to relevant laws and regulations, guardians should perform their guardianship duties, protect the person, property and other legitimate rights and interests of the ward, and may not dispose of the ward's property except for the ward's interests. If it is purely for the benefit of children, such as buying commercial insurance for children and letting them attend interest classes, parents can use lucky money. It is illegal for parents to misappropriate their children's lucky money privately because they can only take care of their children or make decisions on the disposal of property for their children's benefit. It's just that lucky money mainly involves the relationship within the family, and it's not appropriate to rely on the law to restrain it. If the behavior seriously damages the rights and interests of minors, you can use legal weapons to protect yourself. It is illegal for parents to misappropriate lucky money privately. The Supreme Court stipulates that managing and protecting the property of the ward is one of the duties of the guardian. Parents must make it clear to their children that the money collected is only for their custody, not confiscation, and the money is still controlled and used by the children themselves.
legal ground
People's Republic of China (PRC) Civil Code
Article 34 The duty of a guardian is to carry out civil legal acts on behalf of the ward and protect the personal rights, property rights and other legitimate rights and interests of the ward.
The right of guardians to perform their guardianship duties according to law is protected by law.
If a guardian fails to perform his guardianship duties or infringes upon the lawful rights and interests of the ward, he shall bear legal responsibility.
Due to emergencies such as emergencies, the guardian is temporarily unable to perform his guardianship duties and the life of the ward is neglected. The residents' committee, villagers' committee or civil affairs department of the ward's domicile shall arrange necessary temporary living care measures for the ward.
Article 35 A guardian shall perform his guardianship duties in accordance with the principle of being most beneficial to the ward. In addition to safeguarding the interests of the ward, the guardian shall not dispose of the ward's property.
When performing guardianship duties, guardians of minors should respect the true wishes of the ward according to the age and intellectual status of the ward when making decisions involving the interests of the ward.
When performing guardianship duties, adult guardians should respect the true wishes of the ward to the maximum extent, and guarantee and assist the ward to carry out civil legal acts that are suitable for his intellectual and mental health. The guardian shall not interfere with the affairs that the ward has the ability to handle independently.