[2] Compiled from: Shandong High Court, Xinhua News Agency
 
[3] During the Spring Festival, besides resting and celebrating, what children look forward to most is receiving lucky money. However, many parents ask their children to "hand over" the lucky money they receive, and some children have even taken their parents to court over it. So, should the lucky money belong to the parents or the children?

 

 
Case review
[4] In August 2013, 7-year-old Xiao Su's parents divorced through court mediation, and Xiao Su lived with his father, Su. From February 2014 to March 2015, Su deposited Xiao Su's 5,000 yuan lucky money into a bank account in Xiao Su's name in three installments. In December 2015, Xiao Su moved to live with his mother, Huang, and applied for a change of custody that same month. In April 2016, the Baiyun District Court ruled to change custody to Huang. However, in March 2016, without Xiao Su's consent, Su withdrew the deposited lucky money and interest, totaling 3,045 yuan.

 

[5] Xiao Su believed that his father, Su, had infringed on his legal rights by withdrawing his lucky money without permission and refusing to return it, so he sued in court, requesting the return of the principal and interest.
 
[6] Su did not expect his son to take him to court over lucky money. Su argued that he deposited the child's lucky money as his guardian, that it came from his circle of relatives and friends and had nothing to do with the child's mother, and that he had agreed with the child to return the principal and interest when the child reached adulthood. He believed that the child's lawsuit against his father was entirely due to the mother exploiting the child's inability to distinguish right from wrong, attempting to instigate the child to reclaim the lucky money.
 
 
[1] Court Opinion
After trial, the court held that although the bank deposit in Xiao Su's name was deposited by Su Mou, Xiao Su still had ownership of the deposit, and Su Mou had no right to dispose of the deposit in Xiao Su's name without authorization. Su Mou's withdrawal of the deposit in Xiao Su's name infringed upon Xiao Su's rights. Xiao Su's claim for Su Mou to return the deposit and interest was reasonable and lawful, and the court supported it. Therefore, the court ruled that the father, Su Mou, must return the principal and interest totaling 3,045 yuan to Xiao Su.
 
 
[1] The author's perspective
1、 Lucky money constitutes a gift, and it should belong to the recipient, i.e., the child.
When elders give lucky money to children, it is essentially a gift. Before the gift is given, the lucky money belongs to the elders; after it is handed over to the child, it belongs to the child.
 
According to Article 19 of the Civil Code, "Minors aged eight or above are persons with limited capacity for civil conduct, and their legal representatives shall act on their behalf or consent to or ratify their civil legal acts; however, they may independently carry out civil legal acts that are purely beneficial or appropriate to their age and intelligence." Article 20 states, "Minors under the age of eight are persons with no capacity for civil conduct, and their legal representatives shall act on their behalf in civil legal acts."
 
Here, minor children are divided into two categories: those under eight years old and those aged eight or above but under eighteen.
 
If a child is under eight years old, they are a person with no capacity for civil conduct. According to the above legal provisions, even for purely beneficial acts like receiving gifts, such children require the consent of their guardians. However, since lucky money is a traditional custom during the Chinese New Year, it involves more reciprocity and goes beyond mere legal principles.
 
If the child is a minor over eight years old, they are considered a person with limited capacity for civil conduct. Such children can independently engage in civil legal acts that bring them pure benefits, meaning they can directly accept gifts of New Year's money without parental consent.
 
 
2、 Minor children cannot spend their New Year's money arbitrarily.
Based on point 1 above, it can be seen that once a child receives New Year's money, it belongs to them. However, receiving money is easy, but spending it is difficult, as there are restrictions on expenditures.
 
Whether a child is a person with no capacity for civil conduct or a person with limited capacity for civil conduct, their spending should be appropriate for their age and mental maturity. Purchasing small items like snacks and stationery can be understood as daily life activities, which align with their age and mental maturity and are often approved by guardians. However, large abnormal expenditures, such as the frequent cases in recent years of children giving huge tips to streamers or spending large sums on game equipment, cannot be independently completed by children and require guardian ratification; otherwise, these expenditures have no legal effect.
 
3、 Parents should properly manage the New Year's money of minor children.
Although parents are often concerned that minors lack the mental maturity to properly manage their own New Year's money and thus keep it on their behalf, this custodial behavior should also be regulated to avoid situations like the case mentioned above.