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P.R.C. Law on the Protection of Minors (Draft Revisions) (Second Reading Draft)
Article 1: This Law is drafted based Constitution so as to protect the physical and mental health of minors and to safeguard their lawful rights and interests; promoting their all around moral, intellectual, physical, aesthetic and labor development; training them to be idealistic, moral, cultured, and disciplined builders and successors of the socialist cause; and cultivating them as new people for the new era to take on the great task of revitalizing the people.
Article 2: "Minors" as used in this Law, refers to citizens under the age of eighteen.
Article 3: The state guarantees minors’ rights such as to survival, development, protection, and participation.
Minors enjoy each right equally in accordance with law and are not to be discriminated against due to their own or their parents' or guardians', ethnicity, race, sex, household registration, profession, religious belief, educational level, family situation, physical and psychological state, and so forth.
Article 4: The protection of minors shall adhere to the principle of the greatest benefit for the minors. The handling of matters involving minors, shall meet the following requirements:
(1) giving special and priority protections to minors;
(2) respecting the personal dignity of minors;
(3) Protecting minors' privacy and personal information;
(4) being appropriate for the natural laws and characteristics of minors' physical and psychological development;
(5) Listening to minors' opinions;
(6) Combining protection with education.
Article 5: The State, society, schools and families shall educate minors on ideals, morality, culture, discipline, the legal system, and national security; as well as on patriotism, collectivism and socialism with Chinese characteristics; promoting among them the social ethics of loving the motherland, the people, labor, science, and socialism; rejecting erosion by corrosive ideologies such as capitalism and feudalism; and leading minors to establish the Core Socialist Values.
Article 6: The protection of minors is the joint responsibility of State organs, armed forces, political parties, people's organizations, enterprises, public institutions, social organizations, basic-level mass autonomous organizations in urban and rural areas, guardians of minors, and other adults.
The State, society, schools and families shall teach and help minors to preserve their own lawful rights and interests, and enhance their awareness and ability to protect themselves.
Article 7: Minors' parents and other guardians are to lawfully undertake the duties of guardianship over the minors.
The state is to employ measures to oversee, guide, and assist minors' parents and other guardians are to lawfully undertake the duties of guardianship over minors.
Article 8: People's governments at the county level or above shall include efforts on the protection of minors within the economic and social development plan, and place necessary expenses within the financial budget for that level of people's government.
Article 9: People’s governments at the county level or above shall establish mechanisms for coordinating efforts on the protection of minors, doing the overall planning, coordination, oversight and urging, and leading of relevant departments in efforts on the successful protection of minors within the scope of their respective duties. Coordination mechanisms for specific work are to be undertaken by the departments of people's governments at the same level or by departments designated by provincial-level people's governments.
Article 10: The people's courts and people's procuratorates shall lawfully protect the lawful rights and interests of minors through the exercise of adjudication and procuratorial powers.
Article 11: The Communist Youth League, women’s federations, trade unions, Disabled Persons Federations, Working Committees for the Care of the Next Generation, youth federations, students’ federations, young pioneers’ organizations, and other people's organizations and social organizations, shall assist the departments of each level of people’s government in efforts on the protection of minors, and preservation of minors' lawful rights and interests.
Article 12: Any organization or individual discovering circumstances that are not conducive to minors' physical and psychological health, or violating minors' lawful rights and interests, has the right to discourage and stop it, or to make a report or accusation to the relevant departments.
Where state organs that have duties to protect minors or units closely connected with minors, as well as their staffs, discover in the course of their work that minors physical or psychological health has been infringed upon, is suspected of being infringed upon, or who face other dangerous situations, they shall immediately make a report to the public security departments, civil affairs departments, education departments or other such departments.
Relevant departments receiving information, accusations, or reports involving minors, shall promptly accept them and handle them in accordance with law, and inform relevant units and personnel of the outcome in an appropriate fashion.
Article 13: The state encourages and supports scientific research in areas of child protection, and the establishment of related research institutions and relevant specializations, to strengthen the cultivation of professional talent.
The state is to establish and complete systems for statistical surveys of minors, carrying out statistical research, investigations, and analysis of the status of minors.
Article 14: The state is to give commendations and awards to organizations and individuals that have achieved outstanding successes in the protection of minors.
Article 15: Minors' parents or other guardians shall lawfully perform guardianship duties, learn about household education, accept guidance on household education, and create a positive, harmonious, and civilized family environment.
Other adult family members living together shall assist minors' parents or guardians in raising and educating minors.
Article 16: Minors' parents or other guardians shall perform the following guardianship duties:
(1) Provide basic safeguards for life, health, and so forth;
(2) Pay attention to minors' physical and psychological states and emotional needs;
(3) Educate and lead minors in forming positive thinking, moral character, and behavioral habits;
(4) Educate minors on safety, employing necessary measures to ensure safety and protecting minors' physical safety;
(5) Respect minors' right to receive an education, ensure that minors of an appropriate age lawfully receive and complete compulsory education;
(6) Ensure minors' time for rest, recreation, and physical exercise, and lead minors to conduct activities that are beneficial to physical and psychological health.
(7) Appropriately manage and protect minors' assets;
(8) Lawfully represent minors in carrying out civil juristic acts;
(9) Prevent and stop minors' negative behavior and illegal or criminal conduct, and conduct reasonable discipline;
(10) Other guardianship duties that shall be performed in accordance with law.
Article 17: Minors' parents or other guardians must not carry out the following conduct:
(1) Abusing, neglecting, or illegal giving minors up for adoption, or committing domestic violence against minors,
(2) Allowing, inciting, or exploiting minors to carry out illegal or criminal conduct;
(3) Allowing or instigating minors' participation in cults or superstitious activities, or their acceptance of terrorism, separatism, religious extremist ideology, or other such harms;
(4) Allowing or instigating minors to smoke (including e-cigarettes throughout), drink, be vagrants, or bully;
(5) Allowing or compelling minors who are required to accept compulsory education to not attend or drop out of school;
(6) Allowing minors to become addicted to the internet, or allowing them to have contact with books periodicals, movies, radio and television shows, music, digital publications, or online information that might impact their physical and psychological health.
(7) Allowing minors to enter for-profit entertainment venues, bars, internet access service businesses, and other activity venues that are not suitable for minors;
(8) Permitting or compelling minors to engage in labor other than that which state provisions allow;
(9) Permitting or compelling minors to marry, or making marriage contracts on behalf of minors;
(10) Illegally disposing of or misappropriating minors' assets;
(11) Other conduct harming minors' physical or psychological health and property rights, or not lawfully performing obligations to protect minors provided for in laws and regulations.
Article 18: Before making decisions concerning the rights and interests of minors, minors' parents or other guardians shall,on the basis of the minors’ age and intellectual development, hear their opinions and respect their true wishes.
Article 19: Where minors' parents or other guardians discover or suspect that minors' physical and psychological health have been violated or that their other lawful rights and interests have been encroached upon, they shall promptly about the situation; and where the circumstances are serious, they shall immediately report it to the public security departments, education department, civil affairs department and so forth.
Article 20: Minors' parents or other guardians must not cause minors under the age of 18 who require special care due to physical or psychological reasons, to be in a situation where no one is caring for them or put them in the care of someone who lacks or has a limited capacity for civil capacity or has a serious illness or is otherwise unsuited to give care in their place.
Minors' parents and other guardians must not let minors under the age of 16 to be emancipated and live alone.
Article 21: Where minors' parents or other guardians cannot fully perform their guardianship duties for a certain period of time for reasons such as travel for work, they shall retain a person possessing the capacity for guardianship and full civil capacity to give care in their place.
When minors' parents or other guardians determine who to entrust, they shall comprehensively consider their moral character, family situation, physical and psychological condition, and emotional connections to the minor, and listen to the comments of minors that have the capacity to express themselves.
Those in any of the following circumstances must not be retained:
(1) Have previously committed illegal or criminal activity such as harm, abuse, trafficking, or violent injury;
(2) Have bad habits such as drug use, heavy drinking, or gambling;
(3) Have previously refused to perform guardianship or care duties, or performed them inadequately for a long period of time;
(4) other circumstances making them unsuited to be entrusted.
Article 22: minors’ parents or other guardians shall promptly notify minors' schools and the residents' committee or villagers' committee for their actual residence in writing of situations of entrusting care; shall contact and communicate with the minors and the entrusted person at least once a month; understand minor's living, study, and psychological situation; and give the minors affection and care.
Minors' parents or other guardians who receive notice of the minors' irregular feelings or behavior from the entrusted persons, residents' committees, villagers' committees, schools, and so forth, shall promptly employ measures to intervene.
Article 23: When minors' parents divorce, they shall appropriately handle matters related to minor children's care, education, visitation, and property, and hear the opinions of minors that have the ability to express their wishes; and must not use methods such as stealing or hiding children to fight for custody rights.
After minors' parents divorce, the party that is not directly raising the child shall visit the minor children in accordance with the times and methods determined in agreements or the judgment of the people's court so as not to impact the minors studies or living situation, and the parent directly raising the child shall cooperate, except where the people's court lawfully suspends visitation.
Article 24: Schools shall comprehensively implement state policy on education, conduct character education, enhance the quality of education, pay special attention to cultivating minor students’ ability to think independently, innovate, and implement, and promote their overall development.
Schools shall establish work mechanisms for the protection of minors, complete student codes of conduct, and cultivate the positive habits of minor students to obey rules and laws.
Article 25: Kindergartens shall do a good job of care and education, following the natural rules of toddler development and carrying out pre-school education in order to promote the harmonious development of the children physically, intellectually and morally.
Article 26: Teaching and administrative staff in schools and kindergartens shall respect the personal dignity of minors, and must not carry out corporal punishment or covert corporal punishment, or other acts that are an affront to the personal dignity of minors.
Article 27: Schools shall ensure minor students' right to receive an education, and must not expel or indirectly expel minor students in violation of state provisions.
Schools shall register dropped out minor students that have not completed compulsory education and urge their return; and where urging a return fails, shall promptly report to the administrative departments for education in writing.
Article 28: Schools shall show concern for and care for students and must not discriminate against students due to their family, physical, or psychological situation, their learning abilities, or other situations. Students are to provide help to students whose families are remote or poor or who have physical and psychological impediments; and shall patiently educate students with deviant behavior or learning difficulties.
Schools shall cooperate with the relevant government departments to establish information archives on left-behind minor students and minor students with difficulties, and carry out efforts for care and support.
Article 29: Based on the characteristics of minor students’ physical and mental development, schools shall carry out social life guidance, mental health counseling as well as education on puberty.
Article 30: Schools shall organize minor students' participation in routine daily labor, production labor, or service labor appropriate for their age, to help minor students understand necessary knowledge and skills about labor, to cultivate positive labor habits.
Article 31: Schools and the parents or other guardians of minor students shall cooperate together, reasonably arranging minor students' study times, and ensuring their time for rest, entertainment, and physical exercise.
Schools must not occupy legally-prescribed state holidays or vacation days, or winter and summer vacations to organize collective make-up classes for minor students, or increase students' burdens.
Kindergartens must not begin elementary school education early.
Article 32: Schools and kindergartens shall provide necessary conditions for hygiene and health, and assist the hygiene and health departments on completing efforts on enrolled minors' hygiene and health in the school.
Article 33: Schools and kindergartens shall establish systems for safety management, conduct safety education for minors, improve safety equipment, and allot security personnel to safeguard minors' security in their persons and property when in school and on campus.
Schools and kindergartens must not conduct education or teaching activities in school buildings or other facilities and venues that endanger minors' physical safety or physical and psychological health.
Group activities organized by schools and kindergartens for minors, such as cultural and recreational activities and practicums in society, shall protect the minors' physical and psychological health and shall prevent the occurrence of accidents causing physical harm.
Article 34: Shools and kindergartens using school buses shall establish and complete systems for vehicle safety management, appoint safety management personnel, periodically conduct safety inspections of school buses, conduct safety education for school vehicle drivers, and explain school bus passenger safety to minors to cultivate minors' ability to respond to school bus safety incidents.
Article 35: As needed, schools and kindergartens shall draft plans for responding to natural disasters, accidents, public health incidents, accidental injuries, and other emergency incidents and situations, allotting the corresponding facilities and periodically conducting necessary drills.
Where minors are accidentally injured at school, on campus, or on activities organized by the school off-campus, the school or kindergarten shall immediately give aid and appropriately handle it and promptly inform the minors' parents or other guardians and report to the relevant departments.
Article 36: Schools and kindergartens must not arrange for minors to participate in commercial activities, and must not sell things to minors or require that they purchase certain goods or services.
Schools and kindergartens must not cooperate with training institutions outside the school to provide minors with classes or tutoring for fees.
Article 37: Schools shall establish working mechanisms for controlling student bullying, and carry out education and training for faculty and students on the prevention and control of bullying.
Schools shall promptly stop student bullying, and notify the parents or other guardians of the bullied and the bullying minor students to participate in the identification and handling of the bullying; psychological counseling, education, and guidance are to be promptly given to the relevant minor students, and necessary guidance in household education are to be given to the parents or guardians of relevant minor students.
Based on the nature and seriousness of bullying, schools shall lawfully strengthen education and management of the minor students carrying out bullying. Schools must not conceal serious bullying behaviors, shall promptly report them to the public security organs and administrative departments for education, and cooperate with the relevant departments to address them.
Article 38: Schools and kindergartens shall strengthen the education and management of staff to prevent sexual abuse and sexual harassment of minors, and other illegal and criminal conduct.
Schools and kindergartens shall carry out sex and health education for minors that are appropriate for their age, increasing minors' awareness and ability to protect themselves against sexual abuse and sexual harassment.
Article 39: Infant care service institutions, early education service institutions education and training establishments outside of schools, and day-care outside of schools, shall follow the relevant provisions of this chapter to do a good job efforts to protect minors based on the developmental characteristics and natural laws of minors at different ages and stages.
Article 40: The entire society shall establish a positive atmosphere of concern and care for minors.
The state encourages, supports, and leads, people's organizations, enterprises, public institutions, and other organizations and individuals, to carry out various forms of social activities and services that are conducive to the healthy growth of minors.
Article 41: Residents' committees and villagers' committees shall set up designated posts responsible for efforts to protect minors, coordinating with relevant government departments to publicize laws and regulations on the protection of minors, guiding and overseeing the performance of guardianship duties by minors' parents or other guardians, and establishing information archives on left behind minors and minors in difficulty and providing them with aid.
Residents' committees and villagers' committees shall assist relevant government departments in overseeing situations of minors in entrusted care, and where it is discovered that the entrustee lacks the capacity to give care or is inadequately performing care-giving duties, shall promptly inform the minors' parents or other guardians, and assist or urge the entrustee in performing care-giving duties.
Article 42: Patriotic education bases, libraries, youth and children’s centers, and children’s activity centers shall be open to minors free of charge; and venues such as museums, memorial halls, science and technology centers, exhibition halls, art galleries, cultural centers, public interest community internet access service sites, as well as cinemas, theaters, stadiums and gymnasiums, zoos, botanical gardens, and parks shall be open to the minors free of charge or on a discount basis in accordance with relevant regulations.
The state encourages patriotic education bases, museums, science and technology centers, art galleries, and other public forums to establish special exhibits for minors, providing services aimed at minors.
The state encourages state organs, enterprises, public institutions, teams, and so forth, to initiate their own educational resources, establishing open-days for minors and providing support for minor themed education, social practicums, and occupational experiences, and so forth.
The State encourages scientific research institutions and science and technology-related social organizations, to carry out activities spreading scientific knowledge among minors.
Article 43: Municipal public transportation, as well as public roads, railways, waterways, air transport, and so forth, shall implement free or reduced ticket prices for minors in accordance with relevant provisions.
Article 44:The state encourages venues with the capacity such as public spaces, public transportation, and scenic spots to sanitation facilities such as nursing rooms, infant care tables, and toilets and sinks that are easy for children to use, so as to provide convenience for minors.
Article 45:Relevant provisions must not be violated by any organization or individual to limit the care or preferences that minors are entitled to.
Article 46:The state encourages the creation, publication, making, and broadcast of books, periodicals, film, television and radio programs, music, electronic publications, and online information that is conducive to the healthy upbringing of minors.
Article 47:News media shall strengthen publicity on the protection of minors, and conduct public opinion oversight on violations of minors' rights and interests. News media interviews on cases involving minors shall be objective, cautious, and appropriate, and must not violate minors' lawful rights and interests such as in their reputation and privacy.
Article 48:Books, periodicals, films, radio or television programs, audiovisual products, electronic publications, online information, and so forth with content that is harmful to the physical or psychological health of minors such as obscenity, pornography, violence, cults, superstitions, gambling, inducements to suicide, terrorism, separatism, or extremism, must not be produced, reproduced, published, or broadcast by any organization or individual.
Article 49: Where any organization or individual publishes, releases, or broadcasts books, periodicals, films, radio or television programs, audiovisual products, electronic publications, or online information with content that that might impact minors' physical and psychological health, they shall make appropriate categorized warnings in a conspicuous fashion.
Article 50:It is prohibited to produce, reproduce, publish, transmit, or possess obscene or pornographic works and online information related to minors.
Article 51:Advertisements that include content that is harmful to minors' physical or psychological health must not be placed, broadcast, posted, or disseminated by any organization or individual; commercial advertisements must not be played, posted, or disseminated in schools or kindergartens.
Article 52:The trafficking, kidnapping, abuse, or illegal adoption of minors is prohibited, and it is prohibited to carry out sexual offenses or sexual harassment against minors.
It is prohibited to coerce, lure, or instigate minors to participate in underworld criminal organizations to engage in illegal or criminal acts.
It is prohibited to coerce, inveigle, or exploit minors into begging.
Article 53:Public venues for minors' group activities shall meet state and industry safety standards and employ corresponding safety and protective measures.
Article 54:Public venues for minors' group activities shall meet state and industry safety standards and employ corresponding safety and protective measures. Facilities that might pose safety risks shall periodically carry out maintenance and put safety warning signs in conspicuous places indicating the appropriate age range and other warnings; and when necessary, designate personnel shall be arranged as attendants.
The units operating large scale shopping centers, grocery stores, hospitals, libraries, museums, science and technology centers, amusement parks, transportation stations, and travel destinations shall set up a safety alert system for missing minors. After the unit operating the venue receives a request for help, they shall immediately activate the alert system and organize personnel to conduct a search and report to the public security organs.
When emergencies occur in public venues, priority shall be given to the rescue of minors.
Article 55:When hotels, inns, guesthouses, and other accommodations accepting minors discover abnormal situations or other suspected violations or crimes, they shall immediately contact the minor's parents or other guardians or report to the public security organs.
Article 56:Venues for activities that are not suitable for minors such as for-profit recreation venues, bars, or internet access service sites must not be established on the periphery of secondary and primary schools. Operators of venues for activities that are not suitable for minors such as for-profit song and dance entertainment venues, bars, or internet access service sites, must not allow minors to enter; recreation and entertainment venues setting up electronic games must not provide them to minors except on legal holidays designated by law. Businesses shall put up signs in conspicuous places prohibiting or limiting minors' entry; and where it is difficult to tell whether someone is a minor, they shall be required to show their identification.
Article 57:Sales outlets for tobacco, alcohol, or lottery tickets must not be set up around schools. It is prohibited to sell tobacco, alcohol, or lottery tickets, or pay out lottery prizes, to minors. Businesses selling tobacco, alcohol, and lottery tickets shall put up signs in conspicuous saying that tobacco, alcohol and lottery tickets will not be sold to minors; and where it is difficult to tell whether someone is a minor, they shall be required to show their identification.
There must not be smoking or consumption of alcohol by any person in schools or kindergartens and other spaces for minors' group activities.
Article 58: It is prohibited to provide or sell controlled knives or other equipment and items that might seriously harm persons to minors. Where businesses have difficulty telling whether purchasers are minors, they shall require them to show their identification.
Article 59:Minors under the age of sixteen must not be hired by any organization or individual, except where otherwise prescribed by the state.
For-profit entertainment venues, bars, internet access service businesses, and other activity venues that are not suitable for minors must not hire minors under the age of 16.
Any organization or individual that hires minors under the age of 16 shall enforce state provisions on the types of jobs, working hours, intensity of labor, and protective measures, and must not arrange for them to engage in labor or dangerous operations that are over-strenuous, toxic, or hazardous, or otherwise harmful to minors' physical or psychological health.
Minors must not be organized to carry out performances or other activities harmful to their physical and psychological health by any organization or individual. Where, with the consent of their parents or other guardians, minors participate in performances, program creation, and other such activities, the party organizing the activity is to ensure the minors' lawful rights and interests on the basis of relevant state provisions.
Article 60:When units closely connected with minors hire staff, they shall make an inquiry with the public security organs and people's procuratorate as to whether they have a record of sexual offenses, abuse, trafficking, violent harms, or other violations and crimes; and where such a record is discovered, they must not hire them.
Units closely connected with minors shall make annual inquiries into whether their staffs have records of the violations or crimes provided for above. Where it is discovered through inquiries or other means that staff have the conduct provided for above, they shall be promptly dismissed.
Article 61:Minors' letters, diaries, emails, or other online communications must not be concealed, destroyed, or illegally deleted by any organization or individual.
Minors' letters, diaries, emails, or other online communications must not be opened or read by any organization or individual except in the following situations:
(1) The parents or other guardians of minors who lack civil capacity open or read them on behalf of the minors;
(2) An inspection is lawfully conducted for national security or pursuit of criminal matters;
(3) to safeguard minors' lawful rights and interests in an emergency situation;
Article 62:The state, society, schools, and families shall strengthen publicity and education for minors on online literacy, fostering and increasing minors' online literacy and enhancing their awareness and ability to use the internet in a scientific, civilized, safe, and reasonable way, to ensure minors' lawful rights and interests in cyberspace.
Article 63: The State encourages and supports the creation and broadcast of online content platforms conducive to the healthy growth of minors; encourages and supports the research, production, and use of network technology, products, and services aimed at minors and suited to minors' physical and psychological developmental characteristics.
Article 64:The state encourages research and development of network products and services conducive to the healthy upbringing of minors, lawfully punishing the exploitation of the networks to engage in activities that endanger the psychological and physical well-being of minors, and providing a safe and healthy network environment for minors.
Article 65: As needed for the protection of minors at different ages and stages of development, the Internet Information Departments, together with the departments for culture and tourism, news and publication, film, radio, and television; are to consider the different age periods of minors to determine the types and scope of online information that might impact minors' physical and psychological health, and judgment standards.
Article 66:Departments for education, health, news and publishing, culture and tourism, internet information, and so forth shall carry out publicity and education on the prevention of internet addiction in minors; oversee online goods and service providers' performance of their obligations to prevent minors' internet addiction, and guide families, schools, and social organizations, to work together and employ scientific and reasonable methods to prevent and intervene in minors' internet addiction.
Methods that encroach on minors' physical and psychological health must not be used by any organization or individual to conduct interventions in internet addiction.
Article 67:Schools, communities, libraries, cultural centers, youth activity centers, and other such venues providing minors with internet access facilities, shall install software for the protection of minors online or employ other technological safety measures.
Producers and sellers of smart terminal products shall install software for the protection of minors online on the smart terminal products, or use noticeable methods to inform users about the means of installing software for the protection of minors as well as channels and methods for installation.
Article 68:Schools shall reasonably use the internet to carry out educational activities. Schools must not allow minor students to bring phones and other smart-terminals into classrooms, and they shall be uniformly stored when brought to school.
Where schools discover that minor students are addicted to the internet, they shall promptly educate and guide their restoration of normal life and studies.
Article 69:Minors' parents and other guardians shall increase their internet literacy, regulate their own internet usage, and strengthen guidance and oversight of minors' internet usage.
The parents and other guardians of minors shall effectively prevent minor's addiction to the internet by installing software for the online protection of minors on smart-terminal products and choosing service models and management functions suitable for minors to avoid minors encountering online information that is harmful or that might impact their physical and psychological health.
Article 70:Where personal information processors process minors' personal information online, they shall follow the principles of legality, propriety, and necessity, and obtain the consent of the minors, their parents, or their other guardians, except as otherwise provided by laws and administrative regulations.
Where minors and their parents or other guardians request that personal information processors correct or delete minors' personal information, the personal information processors shall promptly employ measures to correct or delete it, except as otherwise provided by laws or administrative regulations.
Article 71:Where network service providers discover that information published by minors online involves private content, they shall promptly give notice and employ necessary protective measures.
Article 72: Network products and service providers shall avoid providing minors with content that might induce them to internet addiction.
Network service providers such as for online games, broadcasts, a/v works, and social media shall set up appropriate functions for managing usage time, privileges, and spending for minors using their services.
Article 73: Online games are to operate only after reviews and approval in accordance with law.
The state is to establish a uniform identification system for online games to confirm minors' identities. Online gaming service providers shall require minors to register their real identification information to log in to online games.
Online gaming service providers shall follow relevant national provisions and standards to categorize games, make notices on age appropriateness, and employ technical measures, and must not allow minors to have contact with games or game functions that are not suitable for minors.
Online gaming service providers must not provide online gaming services to minors in any form between 10:00 P.M. and 8:00 A.M. the next day.
Article 74:Online live streaming service providers must not provide minors who are under 16 years of age with registration for online live streaming accounts; and when provided minors who are already 16 years old with registration for online live streaming accounts shall verify their identities and obtain the consent of their parents or other guardians.
Article 75: Minors must not be bullied online by any organization or individual through means such as insults, defamation, threats, or malicious harm, in text, pictures, audiovisual materials, or other forms.
Minors that have been bullied online, and their parents or other guardians, have the right to notify the network service providers to employ methods such as deletion or blocking. After network service providers receive notice, they shall promptly adopt the necessary measures to stop the online bullying and eliminate the negative impact.
Article 76: Network goods and service providers shall establish rapid, reasonable, and effective channels for complaints and reporting, announce information such as on how to make complaints and reports, and promptly accepts and address complaints and reports involving minors.
Article 77:Any organization or individual discovering that network products or services contain information that is harmful to minors' physical or psychological health, has the right to inform the provider of the network goods or services to employ measures such as deletion or blocking, and may also make a complaint or report directly to the departments for internet information, public security, and so forth.
Article 78:Where network service providers discover that users have published or transmitted information that might impact minors' physical or psychological health and failed to put a notice in a conspicuous position, they shall immediately stop the transmission of the relevant information and notify the user to add a notice, and the information may only resume transmission after the user has done so.
Where network service providers discover that users have published or transmitted information with content that might be harmful to minors physical and psychological health, they shall immediately stop the transmission of the information and employ measures to address it such as deleting or blocking it, store relevant records and report to relevant departments such as for internet information and public security.
Where network service providers discover that users have used their network services to carry out illegal or criminal conduct against minors, they shall immediately stop providing the network services to the user, store relevant records, and report to the public security organs.
Article 79:The State Council is to provide specific measures on the management of online protections for minors.
Article 80:The functional departments of people's governments at the county level or above that are undertaking specific efforts on coordination mechanisms for the protection of minors, shall clarify the internal bodies or specialized personnel responsible for undertaking that department's efforts on the protection of minors.
Village and township people's governments, and community offices, shall establish work stations for the protection of minors or designate specialized personnel, to promptly handle matters related to minors; and shall support and lead residents' committees and villagers' committees in establishing specialized personnel and positions for efforts on the successful protection of minors.
Article 81:All levels of people's government shall include household education guidance services in their urban and rural public service systems, carrying out publicity on household education information, and encouraging and supporting relevant people's organizations, enterprises, public institutions, and social organizations to carry out household education and guidance services.
Article 82:Local people's governments at all levels shall ensure minors' right to receive an education, and adopt measures to ensure that left-behind minors and minors who are in difficult situations receive compulsory education.
The administrative departments for education shall order the parents or other guardians of students that have dropped out before completing their compulsory education to send them to school to receive compulsory education.
Article 83:People’s governments at all levels shall develop child-care, successfully run infant and child-care service establishments and kindergartens, and support social forces to establish nursing rooms, infant and child-care service establishments and kindergartens, in accordance with law.
People's governments at the county level or above, and their relevant departments , shall cultivate and train child-care and teaching staff for infant and child-care service establishments and kindergartens, increasing the caliber of their professional ethnics and their professional competence.
Article 84:All levels of people's government shall develop professional education and ensure that minors receive professional education or professional vocational training, and shall encourage and support people's organization, enterprises, public institutions, and social organizations in providing professional technical training services to minors.
Article 85: All levels of people's government shall ensure that minors with disabilities, who have to capacity to receive ordinary education and can adapt to campus life, receive education in ordinary schools and kindergartens; shall ensure that minors with disabilities who do not possess the capacity to receive ordinary education receive pre-school education, compulsory education, and professional education in special education schools and kindergartens.
All levels of people's government shall ensure conditions for special education schools' conditions for study and physical conditions, and encourage and support social forces organizing special education schools and kindergartens.
Article 86:Specialized education is a component of the nation's education system, and specialized education schools are the primary body for carrying out specialized education.
The State Council is to organize relevant departments to draft a development plan for specialized schools, and draft standards, management systems, and specifications such as for evaluations and standards for specialized schools, in accordance with the principles of having scientific set-up, reasonable arrangements, and multiple formats.
As needed, local people's governments at the county level or above are to set up specialized schools or cooperate with surrounding areas to set up specialized schools, encouraging and supporting social forces to organize or participate in the organization of specialized schools, and strengthening their management.
Article 87:Local people's governments and their relevant departments shall ensure campus security, shall oversee and guide schools, kindergartens, and other such units in implementing responsibility for campus security, and establishing mechanisms for reporting, addressing, and coordination in emergency incidents.
Article 88:Public security organs and other relevant departments shall lawfully preserve the order of public safety and traffic surrounding schools and set up surveillance equipment and traffic safety facilities to prevent and stop unlawful and criminal activities that are harmful to minors' lawful rights and interests
Article 89: Local people's governments shall establish and improve activity venues and facilities suited to minors, support the establishment and operation of public interest type activity venues and facilities for minors, and encourage social forces to set up venues suited for minors, and strengthen management.
Local people's governments shall adopt measures to encourage and support schools to open their cultural and sports facilities to minors free of charge or on a preferential basis during legally-prescribed state holidays, vacation days, and summer and winter vacations.
Local people's government shall employ measures to prevent any organization or individual from occupying or destroying the land, buildings, or facilities of schools, kindergartens, infant and child care service establishments or other activity venues for minors.
Article 90: All levels of people's government and their relevant departments shall give minors guidance on hygiene, health-care and nutrition, and provide hygienic and health-care services.
Health departments should regulate the vaccination of minors in accordance with the law, prevent and treat common and frequently-occurring diseases of minors, strengthen the prevention, oversight, and management of infectious diseases, do a good job of injury prevention and intervention, and guide and oversee schools, kindergartens, and infant care service institutions carrying out health care work.
Administrative departments for education shall strengthen mental health education for minors, and establish mechanisms for early discovery and prompt intervention in minors' psychological problems. Health departments shall complete efforts on psychological treatment for minors, psychological crisis intervention, as well as early recognition, diagnosis, and treatment of psychiatric disorders.
Article 91: All levels of people's government and their relevant departments carry out differentiated safeguards for minors in difficult situations and employ measures to satisfy their basic needs in terms of their lives, education, safety, medicine and health, and housing.
Article 92: The civil affairs departments shall take temporary custody of minors in any of the following circumstances:
(1) The minor's identity is unclear, and their parents or other guardians cannot be found for a time;
(2) The guardians have been declared missing and there is nobody else who may be declared a guardian;
(3) Guardians are unable to perform guardianship duties due to either personal reasons or as the result of an emergency incident such as a natural disaster, accident, or public health incident, and the minors is left without guardianship;
(4) Guardians refuse to perform guardianship duties or perform them inadequately, leaving minors uncared for;;
(5) Guardians instigate or use minors to commit serious unlawful or criminal conduct, and the minors need to be removed and placed;
(6) Minors are seriously injured by their guardians or face a physical threat and need to be given an emergency placement;
(7) Other situations provided by law.
Article 93: For minors in temporary guardianship, the civil affairs departments may place them by entrusting a relative, foster care, or other means, and may also have children's aid and protection institutions or child welfare establishments take them in and raise them.
Where during the period of the temporary guardianship, the guardians truly express remorse or newly regarding the capacity to perform guardianship duties, the civil affairs departments may return the minors to be raised by the guardians.
Article 94: The civil affairs departments shall take long-term custody of minors in any of the following circumstances:
(1) minors whose parents or other guardians cannot be determined;
(2) The guardians have died or been declared dead and there is nobody else who may be declared a guardian;
(3) The guardians have lost their capacity for guardianship and there is nobody else who may serve as guardian;
(4) The people's courts rule to revoke guardianship qualifications and direct civil affairs departments to serve as guardians;
(5) Other situations provided by law.
Article 95:After the civil affairs departments conduct an adoption assessment, they may lawfully hand over minors under their long-term guardianship for adoption by eligible applicants. After the adoptive relationships are established, the guardianship relationship between the civil affairs departments and minors are terminated.
Article 96:Where civil affairs departments bear temporary or longg-term guardianship responsibilities, departments such as for finance, education, health and hygiene, and public security shall cooperate within the scope of their individual duties.
People's governments at the county level or above and their civil affairs departments shall, as needed, set up children's aid and protection institutions and child welfare establishments, responsible for taking in, and supporting minors that the departments of civil are guardians of.
Article 97: People's governments at the county level or above shall open the unified national hotline for the protection of minors to promptly accept and transfer complaints and reports on violations of minors' lawful rights and interests; and shall encourage and support people's organizations, enterprises, and public institutions' participation in the establishment of service platforms, hotlines, and stations for the protection of minors to provide information and assistance with regard to the protection of minors.
Article 98: The state is to establish an information query system on persons who have committed violations and crimes such as sexual assault, abuse, or violent injury of minors, and provide fee inquiry services to units closely connected to minors.
Article 99: Local people's governments shall cultivate, guide, and regulate relevant social organizations' participation in efforts to protect minors, carrying out household education guidance services, and psychological counseling for minors, rehabilitation assistance, guardianship and adoption assessments, and provision of other professional services.
Article 100:Public security organs, people's procuratorates, people's courts, and judicial administrative departments shall lawfully perform their duties and safeguard minors' lawful rights and interests.
Article 101:Public security organs, people’s procuratorates, people's courts, and judicial administrative departments shall designate specialized bodies or appoint specialized personnel to be responsible for handling cases involving minors. Personnel handling cases involving minors shall go through special training, and be familiar with the physical and psychological characteristics of minors. There shall be female staff among the specialized bodies or personnel.
Public security organs, people’s procuratorates, people's courts and judicial administrative departments carrying out efforts for the judicial protection of minors, shall implement specialized appraisal and evaluation standards.
Article 102:Public security organs, people's procuratorates, people's courts, and judicial administrative departments handling cases involving minors shall consider the needs of minors' physical and psychological characteristics, and healthy growth, and use language and modes of expression that minors can understand, and hear opinions of minors and their legal representatives.
Article 103: Public security organs, people's procuratorates, people's courts, and judicial administrative departments, as well as other organizations and individuals, must not disclose minors' names, images, residences, schools, or other information from which their identity might be determined in cases, except to locate missing or trafficked minors.
Article 104: Legal aid institutions or the public security organs, people's procuratorates, people's courts, and judicial administrative organs shall give aide to minors in judicial activities that require legal aid or judicial assistance, and lawfully provide legal aid or judicial assistance.
Legal aid institutions shall appoint a lawyer who is familiar with the special physical and psychological characteristics of minors to provide legal aid services.
Legal aid institutions and lawyers association shall conduct guidance and training for lawyers handling legal aid cases for minors.
Article 105: Where minors' lawful rights and interests are infringed upon and the relevant organizations and individuals do not exercise the right to initiate litigation on their behalf, the people's procuratorates may initiate litigation on their behalf, and where the public interest is involved, the people's procuratorate has the right to initiate public interest litigation.
Article 106: In handling cases of inheritance, the people's courts shall lawfully protect minors' right to inheritance and bequest.
Where cases of divorce handled by the people's courts involve the support of minor children, they shall respect the true wishes of minor children who are already 8 years old, and handle the matter in accordance with law based on the principle of the best interests of the children and the specific circumstances of the two parties.
Article 107:Where minors' parents or other guardians do not lawfully perform guardianship duties or seriously infringe on minors' lawful rights and interests, the people's courts may lawfully issue a personal safety protection order or revoke guardianship qualifications based on an application from relevant individuals or units.
Parents or other guardians whose guardianship qualifications are revoked shall continue to bear the cost of child support in accordance with law.
Article 108:People's courts hearing civil cases involving minors such as for divorce, support, adoption, guardianship, or visitation, may conduct a social investigation of their family circumstances or retain a social organization to do so.
Article 109: Public security organs, people's procuratorates, and people's courts interrogating minor criminal suspects or defendants, or questioning minor victims and witnesses shall lawfully inform their legal representatives or other appropriate adults to appear, and employ appropriate methods and use appropriate locations to ensure the minors' rights in their reputation and privacy, and other lawful rights and interests.
Where people's courts hold in-court proceedings in cases involving minors, minor victims and witnesses ordinarily do not appear in court to testify, where they need to appear in court protective measures such as technical tricks to protect their privacy and psychological intervention shall be adopted.
Article 110: When public security organs, people’s procuratorates or people’s courts handle cases involving sexual offenses or other serious violence against minors, they shall employ simultaneous audio or visual recording during questioning of victims and witnesses who are minors, and aim to finish in one session. Female staff shall conduct the questioning of minor female victims that have suffered sexual violations.
Public security organs, people's procuratorates, and people's courts shall coopearate with relevant government departments, people's organizations, and social organizations to carry out necessary economic assistance, psychological intervention, academic transfer placements, and other protection measures for minor victims of sexual offenses or other serious violent harms, and their families.
Article 111:Implement the directive of education, reform, and rescue for juveniles committing violations and crimes, and adhere to the principal of education first with punishment as a supplement.
Minors that commit violations or crimes shall be given mitigated or commuted punishments, or have punishment waived in accordance with law.
After minors who commit violations or crimes have been punished in accordance with law, they are not to be discriminated against in areas such as advancement at school and employment.
Article 112:Schools must not cancel the registration of minor students against whom criminal compulsory measures have been adopted.
Article 113:Public security organs, people’s procuratorates, people's courts, and judicial administrative departments discovering that relevant units have not fulfilled their responsibility in protective duties towards minors such as for education, management, rescue, or looking after, they shall submit a recommendation to those units. The unit getting the recommendation shall give a written response within 2 months.
Article 114:The state encourages and supports social organizations participating in psychological intervention, legal aid, social investigations, social care, education and corrections, community corrections, and other such work for minors involved in cases.
Article 115: Where article 12, paragraph 2 of this Law is violated by failing to perform reporting obligations and causing serious consequences, the regulatory department at the level above or the unit to which they belong is to give sanctions to the directly responsible managers and other directly responsible personnel in accordance with law.
Article 116:Where public security organs the parents or other guardians of minors do ot lawfully perform their guardianship duties or violate the lawful rights and interests of minors, the residents' committee or villagers' committee for their area is to dissuade and stop them; and where the circumstances are serious, the residents' committee or villagers' committee shall promptly report to the public security organs.
Where public security organs receive reports, or where public security organs, people's procuratorates, or people's courts discover in the course of handling a case that minors' parents or other guardians have the situation described above, they shall reprimand them and order them to hand over a guarantee deposit and undergo family education and guidance. Where family education and guidance is refused, the guarantee deposit may be confiscated.
Article 117:Where establishments such as schools, kindergartens, and infant care services, or their staff violate articles 26, 27, or 37 of this Law, the departments such as for public security, education, health, and market regulation are to order corrections in accordance with their duties and division of labor; and where corrections are refused or the circumstances are serious, they are to give sanctions to the directly responsible managers and other directly responsible personnel in accordance with law.
Article 118:Where articles 42, 43, or 45 of this Law are violated by failures to give minors free or preferential treatment, the departments such as for market regulation, culture and tourism, and transportation, are to give warnings and order corrections in accordance with their duties and division of labor; and where corrections are refused, give a fine of between 10,000 and 100,000 RMB.
Article 119:Where article 48 or 49 of this Law are violated, the departments for press and publication, radio and television, film, and internet information are to give warnings, order that corrections be made in a set period of time and confiscate unlawful gains, and they may give a fine of up to 100,000; where corrections are refused or the circumstances are serious, order them to temporarily stop related operations, stop production and business, or revoke business licenses and relevant permits and give a concurrent fine of between 1 and 10 times the amount of unlawful gains; where there are no unlawful gains, a fine of between 100,000 and 1,000,000 RMB is to be given.
Article 120:Where article 59 of this Law is violated, the departments for culture and tourism, human resources and social security, and market regulation are to give warnings, order that corrections be made in a set period of time and confiscate unlawful gains, and give a fine of up to 100,000; where corrections are refused or the circumstances are serious, order them to stop production and business, or revoke business licenses and relevant permits and give a concurrent fine of between 100,000 and 1,000,000 RMB.
Article 121:Where the units operating venues violate article 54 paragraph 2 of this Law or where for-profit accomodations violate artilce 55 of this Law,the departments such as for market regulation, emergency response management, and public security are to give warnings and order that corrections be made in a set period of time based on their duties and division of labor; where corrections are refusted or serious consequences are caused, order that operations be stopped for rectification or revoke business license and relevant permits, and give a concurrent fine of between 10,000 and 100,000 RMB.
Article 122:Where relevant businesses violate articles 56, 57, or 58 of this Law is violated, the departments for culture and tourism, market regulation, tobacco sales, and public security are to give warnings, order that corrections be made in a set period of time and confiscate unlawful gains, and may give a fine of up to 50,000; where corrections are refused or the circumstances are serious, order them to stop operations for rectification, or revoke business licenses and relevant permits and give a concurrent fine of between 50,000 and 500,000 RMB.
Article 123:Where article 57 paragraph 2 of this Law is violated by smoking or drinking alcohol in areas for minors' group activities, the departments such as for health, education, and market regulation are to give warnings and order corrections, and may give a fine of up to 5,000,000 RMB; where market administrators fail to promptly stop it, the departments such as for health, education, and market regulation are to give warnings and a concurrent fine of up to 10,000 RMB
Where units closely connected with minors violate article 60 of this Law by failing to perform inquiry obligations or by hiring or continuing to employ persons with records of violations or crimes harming children, the departments such as for education, human resources and social security, and market regulation are to give warnings and order that corrections be made in a set period of time and give a fine of up to 50,000 RMB; where corrections are refused or serious consequences are caused, order that operations be stopped for rectification or business license and relevant permits suspended, give a fine of between 50,000 and 500,000 RMB, and sanction the directly responsible managers and other directly responsible personnel in accordance with law.
Article 125:Where processors of personal information violate article 70 of this Law or the providers of network products and services violate article 71, 72, 73, 74, 75, or 78 of this Law, the relevant departments such as for internet information, press and publication, radio and television and culture and tourism are to order corrections in accordance with their duties and division of labor, give warnings, confiscate unlawful gains, and give a fine of between one and 10 times the value of unlawful gains; where there are no unlawful gains, give a fine of between 100,000 and 1,000,000 RMB; directly responsible managers and other responsible persons are to be given fines of between 10,000 and 100,000 RMB, and where they refuse corrections or the circumstances are serious, they may also be ordered to temporarily suspend relevant operations, stop operations for rectification, shut down websites, revoke business licenses or relevant permits.
Article 126:Where the staff of state organs neglect their duties, abuse their authority, or distort the law for personal gain, harming the lawful rights and interests of minors, sanctions are to be given in accordance with law.
Article 127:Violators of this law that infringe on the lawful rights and interests of minors and cause harm such as to their person or property, are to lawfully bear civil responsibility.
Where provisions of this Law are violated, constituting a violation of public security management, public security administrative sanctions are given in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.
Article 128: The scope of meaning for the following terms used in this Law:
Units closely connected to minors include: Primary and secondary schools, kindergartens, and other educational institutions; off-campus training institutions; institutions for placement or rescue of minors, such as children's aid and protection institutions or child welfare establishments; infant or child care and early education services establishments; off-campus care institutions or short-term care establishments; domestic services establishments; medical institutions that provide medical services for minors; and other enterprises, public institutions, social organizations, and so forth that have duties towards minors such as for education, training, guardianship, aid, caretaking, or medical treatment.
"Student Bullying" refers to behavior between students, in which one party intentionally or maliciously oppresses and insults the other by physical, language, and online means, causing personal injury, property loss or mental damage to the other party.
Article 129:Apply the relevant provisions of this Law for the protection of foreign national or stateless minors who are not yet 18 years old and are in the Chinese [mainland] territory.
Article 130: This Law shall take effect on xx-xx-xxxx.