Child abuse in China is not clearly defined by the Chinese law code. The law of the People's Republic of China on the protection of minors (未成年人保护法) and the criminal law of China (刑法) do not yet have an article on the subject of child abuse. However, the 49th article of the current Chinese constitution forbids the physical abuses of elderly people, women, and children. According to Wang Shengjun, former president of the Supreme People's Court of the People's Republic of China, China does not have a specific law enforced to protect the welfare of children. Articles concerning this topic are present but they lack a systematical regulation. There are more than 30 organizations within the Chinese government to which child protection is related, but none of them are specifically established to tackle child abuse.
In 2019, China announced plans to build a national database of sex offenders against minors. It also issued new guidelines for educators, and those found sexually harassing students may face a lifetime ban from teaching. In 2021 China announced a mandatory reporting system to improve prosecutions of such crimes.
Currently, a large number of child abuse incidents in China have not been legally dealt with. Punishments carried out by law have been light, such as 5-day detentions for the offenders in many cases. The detention is executed according to the public security administration punishments law (治安管理处罚法) which is not related to the protection of children. The 45th article of the aforementioned law detains people who "abuse their family members and are requested be punished by their family members".
To understand the context behind laws surrounding protecting children, it is important to study the values that, as a whole, China traditionally has. According to Zhao, Confucianism has a large impact on Chinese values surrounding the family and the state (331). Zhao goes on to explain that Confucianism believes loyalty to one's family is above being loyal to their nation. Having good family units would lead to that nation as a whole prospering. This means that, in traditional Chinese culture, family is the backbone of the state. “The root of the State is in the family. The root of the family is in the person of its Head’, which explicitly shows that the relationship network, within the State, is built on family ties, and that social ethics is built on the ethics of individual families” (Zhao 331).
With these traditional beliefs in mind, it is difficult for China as a nation to create laws surrounding the protection of children at home. Confucianism makes it clear that it is the parent's responsibility to decide how they want to raise and discipline their children. It would seem inappropriate for the government to decide what behavior constitutes separating a child from their parents, especially since family is arguably the biggest priority in Chinese society. This makes it extremely difficult to set up any type of child protective service, especially when, according to Zhao, China only sees a select group as needing aid. “Anyone with a family was thought to have his/her basic life needs satisfied and only the homeless and those from poverty-stricken families would be identified as needing social services” (Zhao 331).
According to these beliefs, children in a family that is not impoverished do not need assistance. This means that any child who has a well-off family, but is a victim of abuse, will likely not be rescued or even helped by social services. Unfortunately, according to Xu, there is a large percentage of children under the age of 18 who are victims of neglect and abuse. Xu explains that, out of the 400 million children in China, “26.6% of Chinese children have suffered physical abuse, 19.6% emotional abuse, 8.7% sexual abuse, and 26% neglect” (107). That is a horrific number of children suffering. Some of them are likely impoverished and orphaned, but there is strong reason to believe that some live in well-off families.
Even when the majority of people treat their children with love and care, there will always be those who would hurt their son or daughter. Not stepping in has left millions of children susceptible to maltreatment. In regards to traditional Chinese beliefs, some would argue that these are values no longer evident when it comes to new generations. They may claim that because values in China are changing, Confucianism should no longer get in the way of child protective laws. However, Zhao explains that “most young couples are willing to live with their aging parents or parents-in-law… ignoring economic constraints” (331). This strongly implies that young people still highly value their family units.