Law of the People's Republic of China on the Protection of Minors
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 health 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' healthy 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, science, culture, the legal system, national security, health, and labor; and strengthen education on patriotism, collectivism, and socialism with Chinese characteristics; cultivating social ethics among them a love of the motherland, the people, labor, science, and socialism; and rejecting erosion by corrosive ideologies such as capitalism and feudalism; and leading minors to establish and practice 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 and public institutions, social organizations, basic-level mass autonomous organizations in urban and rural areas, guardians of minors, as well as 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 guide, support, assist, and oversee minors' parents and other guardians in lawfully undertaking 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, guiding relevant departments in efforts on the successful protection of minors within the scope of their respective duties. The specific work of coordination mechanisms is to be undertaken by civil administration department of the people's governments at the county level or above, and provincial-level people's governments may also designate other departments to undertake it in light of actual circumstances.
Article 10: 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 relevant social organizations, shall assist the departments of each level of people’s government, people's procuratorates, and people's courts in efforts on the protection of minors, and preservation of minors' lawful rights and interests.
Article 11: 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 such as for public security, civil affairs or education.
Where state organs, residents' committees, villagers' committees, or units in close contact 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 relevant 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 12: 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.
Article 13: The state is to establish and complete systems for statistical surveys of minors, carrying out statistics, investigations, and analysis of the status of minors' health and education, and publish information relevant to the protection 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 learn about family education, accept guidance on family education, and create a positive, harmonious, and civilized family environment.
Other adult family members living together shall assist minors' parents or guardians in raising, educating, and protecting minors.
Article 16: Minors' parents or other guardians shall perform the following guardianship duties:
(1) Provide safeguards for life, health, safety, and so forth;
(2) Pay attention to minors' physical and psychological states and emotional needs;
(3) Educate and lead minors in following the law, being diligent and frugal, and in forming positive thinking, moral character, and behavioral habits;
(4) Educate minors on safety, to increase minors' ability to awareness and ability of self-protection;
(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 (all mentions of tobacco or smoking include e-cigarettes throughout), drink, gamble, be vagrants, or bully others;
(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 or using minors to obtain improper benefits;
(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: Parents or other guardians of minors shall provide minors with a safe family living environment, promptly eliminate potential safety hazards that may cause injuries such as electric shocks, burns, and falls; employ measures such as installing child safety seats and educating minors to comply with traffic rules, to prevent minors from being injured in traffic accidents; and improve outdoor safety protection awareness, to avoid accidents such as minors drowning or being injured by animals.
Article 19: 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 fully consider their true wishes.
Article 20: 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 learn about the situation; and where the circumstances are serious, they shall immediately report it to the public security departments, civil affairs department, education department, and so forth.
Article 21: 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 22: 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 entrust a person possessing the capacity for guardianship and full civil capacity to be a surrogate caretaker; they must not be entrusted to the care of another without legitimate cause.
When minors' parents or other guardians determine who to entrust, they shall comprehensively consider their moral character, family situation, physical and psychological health 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, abandonment, 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 23: Minors’ parents or other guardians shall promptly notify minors' schools or kindergartens and the residents' committee or villagers' committee for their actual residence in writing of situations of entrusting care; shall strengthen communication with the minor's school or kindergarten; shall contact and communicate with the minors and the entrusted person at least once a week; 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, kindergartens, and so forth, shall promptly employ intervention measures.
Article 24: 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. They 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, through the judgment of a people's court, or through mediation 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 25: Schools shall comprehensively implement state policy on education, foster virtue through education, conduct character education, enhance the quality of education, pay special attention to cultivating minor students’ cognitive abilities and ability to cooperate, 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 26: 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 27: 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 28: 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 29: 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. They are to provide care to students whose families have financial difficulties or who have physical and psychological impediments, and shall patiently educate students with irregular 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 30: Based on the characteristics of minor students’ physical and mental development, schools shall carry out social life guidance, mental health counseling, education on adolescence，and life education
Article 31: 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 32: Schools and kindergartens shall carry out publicity and education activities such as on diligence and frugality, opposing waste, cherishing food, and civilized diets, to help minors establish a sense of shame in waste and pride in saving, and to develop a civilized, healthy, and green lifestyle.
Article 33: 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 with compulsory education value, or increase students' burdens.
Kindergartens and extra-curricular training institutions must not carry out elementary school curriculum education for minors who are not yet school age.
Article 34: 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 35: 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 36: Schools 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 37: As needed, schools and kindergartens shall draft plans for responding to natural disasters, accidents, public health incidents, 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 during 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 38: Schools and kindergartens must not arrange for minors to participate in commercial activities, and must not sell things to minors, their parents, or other guardians, 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 39:Schools shall establish working mechanisms for controlling student bullying, and carry out education and training for faculty, students, and others 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 family 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 or administrative departments for education, and cooperate with the relevant departments to address them.
Article 40: Schools and kindergartens shall establish working mechanisms to prevent sexual abuse and harassment of minors. Schools and kindergartens must not conceal violations and crimes such as sexual abuse or harassment of minors, and shall promptly report them to the public security organs or administrative departments for education, and cooperate with the relevant departments to address them.
Schools and kindergartens shall carry out sex education for minors that is appropriate for their age, increasing minors' awareness and ability to protect themselves against sexual abuse and sexual harassment. Schools and kindergartens shall promptly employ protective measures for minors who suffer sexual abuse or harassment.
Article 41: 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 42: 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 43: residents' committees and villagers' committees shall setup designated posts responsible for efforts to protect minors, coordinating with relevant government departments to publicize laws and regulations on the protection of minors, guiding, assisting, 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 capacity to give care or is inadequately performing care-giving duties, shall promptly report to the relevant government departments, inform the minors' parents or other guardians, and assist or urge the entrustee in performing care-giving duties.
Article 44:Patriotic education bases, libraries, youth and children’s centers, children’s activity centers, children's' homes 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 popularizing science among minors.
Article 45: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 46:The state encourages large-scale venues 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 47:Relevant provisions must not be violated by any organization or individual to limit the care or preferential treatment that minors are entitled to.
Article 48:The state encourages the creation, publication, making and broadcast of books, periodicals, film, television and radio programs, stage performances, audiovisual works, electronic publications, and online information that is conducive to the healthy upbringing of minors.
Article 49: 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 incidents 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 50:The production, reproduction, publishing, or broadcast of books, periodicals, films, radio or television programs, audiovisual works, stage performances, electronic publications, online information, and so forth with content that is harmful to the physical or psychological health of minors such as advocating obscenity, pornography, violence, cults, superstitions, gambling, inducements to suicide, terrorism, separatism, or extremism, is prohibited.
Article 51:Where any organization or individual publishes, releases, or broadcasts books, periodicals, films, radio or television programs, stage performances, audiovisual products, electronic publications, or online information with content that that might impact minors' physical and psychological health, they shall make warnings in a conspicuous fashion.
Article 52:It is prohibited to produce, reproduce, publish, transmit, or possess obscene or pornographic works and online information related to minors.
Article 53: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; and school uniforms, educational materials, and so forth must not be used to publish or indirectly publish commercial advertisements
Article 54: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 or to engage in illegal or criminal acts.
It is prohibited to coerce, inveigle, or exploit minors into begging.
Article 55:The production or sale of foods, medicines, toys, tools, or games, crafts, and entertainment facilities for the use of minors shall meet national and industry standards and must not endanger minors' physical safety or physical and psychological health. The producers of the above-mentioned products shall indicate the precautions in a conspicuous position, and shall not sell the products without the precautions.
Article 56: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, ports, airports, 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 57:When the operators of inns, guesthouses, hotels and other accommodations accept minors checking in, or accept minors and adults checking in together, they shall ask about the contact information of their parents or other guardians, the identities of those checking in, and other relevant information; and where any violation or crime is suspected, they shall immediately report to the public security organs, and promptly contact the minor’s parents or other guardians.
Article 58:Venues for activities not suitable for minors such as for-profit recreation venues, bars, or internet access service sites must not be established on the periphery of schools and kindergartens. Operators of venues for activities 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 gaming equipment 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 59:Sales outlets for tobacco, alcohol, or lottery tickets must not be set up around schools and kindergartens. 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 public spaces for minors' group activities.
Article 60: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 61: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 who are already 16 years old.
Any organization or individual that hires minors 16 years or older shall enforce state provisions on the types of jobs, working hours, the 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 62: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 63: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 protect minors' physical safety in an emergency situation;
Article 64: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 65: The State encourages and supports the creation and broadcast of online content 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 health characteristics.
Article 66:The internet information departments and other relevant departments shall strengthen oversight and inspections of efforts to protect 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 67:As needed for the protection of minors at different ages and stages of development, the Internet Information Departments, together with the departments for public security, 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 68:Departments for news and publishing, education, health, , culture and tourism, internet information, and so forth shall periodically carry out publicity and eduction 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 69: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.
Departments for news and publishing, education, health, , culture and tourism, internet information, and so forth shall periodically carry out publicity and eduction 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.
Article 70:Schools shall reasonably use the internet to carry out educational activities. Minor students must not bring phones and other smart-terminals into classrooms without the school's permission, and those brought to school shall be uniformly managed.
Where schools discover that minor students are addicted to the Internet, they shall promptly inform their parents or other guardians, and jointly educate, guide, and assist the minor students to help them resume their normal studies and lives.
Article 71: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 72:Information processors handling minors' personal information online shall abide by principles of legality, propriety, and necessity. Those processing the personal information of minors under the age of 14 online shall obtain the consent of the minors' parents or other guardians, except as otherwise provided by laws and administrative regulations.
Where minors, their parents or other guardians request that information processors correct or delete minors' personal information, the information processors shall promptly employ measures to correct or delete it, except as otherwise provided by laws or administrative regulations.
Article 73:Where network service providers discover that minors published private information online, they shall promptly give a notice and employ necessary protective measures.
Article 74:Online product and service providers must not provide minors with products and services that induce them to indulge.
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.
Online education network products and services that serve minors must not insert links to online games, or push advertisements and other information unrelated to teaching.
Article 75: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 76: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 77: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, blocking, or breaking links. After network service providers receive notice, they shall promptly adopt the necessary measures to stop the online bullying, eliminate the negative impact, and prevent the spread of the information.
Article 78: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 79: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 make a complaint to the provider of the network goods or services, or to the departments for internet information, public security, and so forth.
Article 80: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 alert or notify the user to add a notice, and the information must not be transmitted without a notice.
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, breaking links, and 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 81: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 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 82:All levels of people's government shall include family education guidance services in their urban and rural public service systems, carrying out publicity on family education information, and encouraging and supporting relevant people's organizations, enterprises, public institutions, and social organizations to carry out family education and guidance services.
Article 83:Local people's governments at all levels shall ensure minors' right to receive an education, and adopt measures to ensure that left-behind minors, minors who are in difficult situations, and minors with disabilities 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 84:People’s governments at all levels shall develop child-care and pre-school education, successfully run infant and child-care service establishments and kindergartens, and support social forces to establish mother-child 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 ethics and their professional competence.
Article 85: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 86: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, receiving education in nearby 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 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.
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 and facilities 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 assume temporary guardianship of minors in any of the following circumstances:
(1) The minor is a vagrant beggar or their identity is unclear, and their parents or other guardians cannot be found for a time;
(2) The guardians have disappeared and there is nobody else who may be declared a guardian;
(3) Guardians are unable to perform guardianship duties due to either objective personal reasons or as the result of an emergency incident such as a natural disaster, accident, or public health incident, and the minors are 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 unlawful or criminal conduct, and the minors need to be removed and placed;
(6) Minors are 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.
During the temporary guardianship period, where following evaluation by the civil affairs departments the guardian is re-qualified to perform guardianship duties, the civil affairs departments may send the minor back to the guardian for support.
Article 94:The civil affairs departments shall assume long-term guardianship of minors in any of the following circumstances:
(1) minors whose parents or other guardians cannot be located;
(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 long-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 affairs 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, public institutions, and social organizations' 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, trafficking, or violent injury, 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 and social workers' participation in efforts to protect minors, carrying out family 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 shall set out appraisal and evaluation standards for the institutions and individuals above's implementation of efforts on child protection.
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.
Article 103: Public security organs, people's procuratorates, people's courts, judicial administrative organs and other organizations or individuals must not leak the name, image, domicile, or school of minors involved in cases, as well as other information from which their identity may be ascertained, except in situations where the minors have disappeared or been trafficked.
Article 104: Legal aid institutions or the public security organs, people's procuratorates, people's courts, and judicial administrative organs shall give aid to minors 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: People's procuratorates are to conduct oversight of litigation activities involving minors through the exercise of the procuratorate powers.
Article 106: Where minors' lawful rights and interests are infringed upon and the relevant organizations and individuals do not initiate litigation on their behalf, the people's procuratorates may urge or support them in initiating litigation, and where the public interest is involved, the people's procuratorate has the right to initiate public interest litigation.
Article 107: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 specific circumstances of the two parties and in accordance with the principle of the best interests of the children.
Article 108: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 109:People's courts hearing cases involving minors such as for divorce, support, adoption, guardianship, or visitation, may conduct a social investigation of their relevant circumstances or retain a social organization to do so.
Article 110: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 appropriate adults such as close representatives or school representatives 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 111:Public security organs, people's procuratorates, and people's courts shall cooperate with relevant government departments, people's organizations, and social organizations to carry out the necessary psychological intervention, economic assistance, legal aid, and academic transfer placements, and other protection measures for minor victims of sexual offenses or other violent harms, and their families.
Article 112:When public security organs, people’s procuratorates or people’s courts handle cases involving sexual offenses or other 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; and where minor victims or witnesses are female, it shall be conducted by female staff.
Article 113: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.
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 114: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 one month.
Article 115:Public security organs, people’s procuratorates, people’s courts, and judicial administrative departments shall, in light of actual conditions, carry out publicity and education on the rule of law for minors based on the characteristics of cases involving minors.
Article 116:The state encourages and supports social organizations and social workers' participation in psychological intervention, legal aid, social investigations, social care, education and corrections, community corrections, and other such work for minors involved in cases.
Article 117:Where article 11, 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 118:Where the parents or other guardians of minors do not 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 may order them to undergo a period of family education and guidance.
Article 119:Where establishments such as schools, kindergartens, and infant care services, or their staff violate articles 27, 28, or 39 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 120:Where articles 44, 45, or 47 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 order corrections and give warnings 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 121:Where article 50 or 51 of this Law are violated, the departments for press and publication, radio and television, film, and internet information are to order corrections be made in a set period of time, give warnings, 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, where unlawful gains exceed 1,00,000 RMB give a concurrent fine of between 1 and 10 times the amount of unlawful gains; where there are no unlawful gains or the unlawful gains are less than 1,000,000 RMB, a fine of between 100,000 and 1,000,000 RMB is to be given.
Article 122:Where units operating venues violate the provisions of Article 56 paragraph 2 of this law, or accommodations operators violate the provisions of Article 57 of this law, the departments such as for market administration, emergency management, and public security are to order that corrections be made within a specified time and give warnings in accordance with their division of duties and labor; where corrections are refused or serious consequences are caused order them to suspend business for rectification or revoke business licenses or related permits, and give a concurrent fine of between 10,000 and 100,000 RMB.
Article 123:Where relevant businesses violate articles 58, 59, or 60 of this Law, the departments for culture and tourism, market regulation, tobacco sales, and public security are order that corrections be made in a set period of time or give warnings, 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 124:Where paragraph 2 of Article 59 of this law is violated by smoking or drinking in schools, kindergartens and other public places where minors concentrate, the health, education, and market administration departments are to order corrections in accordance with the division of responsibilities or give warnings, and may concurrently impose a fine of up to 500 RMB; if the venue manager fails to stop it in time, the health, education, or market administration departments are to give a warning according to the division of responsibilities and impose a fine of less than 10,000 RMB.
Article 125:Where article 61 of this Law is violated, the departments for culture and tourism, human resources and social security, and market regulation are to order that corrections be made in a set period of time, give warnings, and confiscate unlawful gains, and may give a concurrent 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 126:Where units closely connected with minors violate article 62 of this Law by failing to perform inquiry obligations or by hiring or continuing to employ persons with records of violations or crimes, the departments such as for education, human resources and social security, and market regulation, in accordance with their division of duties are to order that corrections be made in a set period of time, give warnings, 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 127:Where information processors violate article 72 of this Law, or where network product and service providers violate articles 73, 74, 75, 76, 77, or 80, the relevant departments such as for public security, internet information, press and publication, radio and television, culture and tourism, in accordance with their division of duties, are to order corrections to be made in a set period of time, give warnings, confiscate unlawful gains, and where the unlawful gains are 1,000,000 RMB give a concurrent fine of between 1 and 10 times the amount of unlawful gains, and where there are no unlawful gains or the unlawful gains are less than 1,000,000 RMB, give a concurrent fine of between 100,000 and 1,000,000 RMB, and fine the directly responsible managers and other directly responsible personnel between 10,000 and 100,000 RMB; and where corrections are refused or the circumstances are serious, they may also be ordered to suspend relevant operations, stop operations for rectification, close websites, revoke business licenses or revoke relevant permits.
Article 128: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 129: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 130:The meaning of the following terms in this law:
(1) "Units in close contact with minors" refers to 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 service institutions 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, care taking, or medical treatment.
(2) "School" refers to normal primary and secondary schools, special education schools, secondary vocational schools, and specialized schools.
(3) "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 131: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 132:This Law takes effect on June 1, 2021.