A finalized version of this draft law has been passed, and is available by clicking below:
Chapter II: Family Protections
Chapter III: School Protections
Chapter IV Societal Protections
Chapter VI: Government Protections
Chapter VII: Judicial Protections
Chapter VIII: Legal Responsibility
Chapter IX: Supplemental Provisions
P.R.C. Law on Protection of Minors (Revision Draft)
Chapter I: General Provisions
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.
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 3: Minors enjoy the right to life, the right to development, the right to be protected, the right to participation and so forth.
Minors enjoy each right equally in accordance with law and are not to be discriminated against due to their, or their parents or guardians', ethnicity, race, sex, profession, religious belief, educational level, property situation, physical state, and so forth.
Article 4: The State, society, schools and families are to 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 5: The protection of each right enjoyed by minors shall adhere to the principle of the the greatest benefit for the minors.
Efforts to protect minors and handling of matters involving minors, shall comply with the following principles:
(1) respecting the personal dignity of minors;
(2) giving special and priority protections to minors;
(3) being appropriate for the natural laws and characteristics of minors' physical and psychological development;
(4) combining protection with education.
Article 6: The protection of minors is the joint responsibility of State organs, armed forces, political parties, social groups, enterprises and public 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: Any organization or individual discovering circumstances that are not conducive to minors' physcical 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.
State organs and all types of organizations or legally designated public employees authorized by laws and regulations to exercise public authority, as well as all types of organization and practitioner in industries with close contact with minors, that discover circumstances harmful to minors' physical and psychological health, or other dangers, they shall immediately report them to the relevant departments.
Relevant departments receiving reports of cases, complaints, information, accusations, or reports involving minors, shall promptly accept them and handle them in accordance with law, and inform relevant personnel and organizations of the disposition in an appropriate fashion.
Article 8: Parents and other guardians undertake the duties of guardianship over minors.
Where minors' parents or other guardians cannot perform guardianship responsibilities or seriously violate minors' lawful rights and interests, or where minors have no other lawful guardians, the state is to undertake the the duties of guardianship.
Article 9: All levels of central and local levels state organ shall complete efforts on the protection of minors within the scope of their duties.
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 relevant social organizations, are to assist the state organs of each level of people’s government in efforts on the protection of minors, and preservation of minors' lawful rights and interests.
Article 11: The state supports the establishment of science related to the protection of minors, setting up relevant specializations, carrying out related scientific research, training personnel, and other such efforts.
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 12: The state is to give commendations and awards to organizations and individuals that have achieved outstanding successes in the protection of minors.
Chapter II: Family Protections
Article 13: Parents or other guardians shall create a positive and harmonious home environment and lawfully perform their guardianship duties for minors.
Other adult family members living together shall assist minors' parents or guardians in performing their guardianship duties.
Article 14: Parents and other guardians shall perform the following guardianship duties:
(1) Provide care such as clothing, food, shelter, transportation, and medical and health care;
(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, and preventing or stopping minors' negative conduct, and carrying out reasonable parental discipline;
(4) Educate minors on safety, provide necessary facilities to ensure safety, prevent and avoid the occurrence of harm and injuries, and when injuries occur they shall be promptly stopped and remedied;
(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) Properly manage minors' assets;
(8) For matters exceeding minors' capacity for civil conduct, lawfully represent the minors in making a decision, and carry out representation such as for agency, consent, ratification, and litigation;
(9) Other guardianship duties that shall be performed in accordance with law.
Article 15: Parents or other guardians must not carry out the follow conduct:
(1) Abuse or neglect of minors, commit domestic violence against minors, otherwise harm their person';
(2) Coercing, enticing, or exploiting minors to beg;
(3) Allowing, inciting, or exploiting minors to carry out illegal or criminal conduct;
(4) Allowing or instigating minors' negative conduct such as smoking, drinking, or vagrancy;
(5) Allowing or instigating minors' participation in superstitious activities or acceptance of religious extremist ideology, or other such harms;
(6) Allowing or compelling minors that are required to accept compulsory education to not attend or drop out of school;
(7) Allowing minors to excessively use electronic products or become obsessed with the internet, allowing minors to come in contact with online information, A/V works, electronic publications or reading matter that might impact their physical or psychological health;
(8) Allow minors to enter for-profit entertainment venues, internet access service businesses, and other activity venues that are not suitable for minors;
(9) Permitting or compelling minors that are not yet 18 years old to engage in labor other than that for which laws and regulations have specially provided;
(10) Permitting or compelling minors to marry, or making marriage contracts on behalf of minors;
(11) Illegally disposing of or misappropriating minors' assets;
(12) Other conduct harming minors physical or psychological health and property rights, of lackluster performance of obligations to protect minors provided for in laws and regulations.
Article 16: Parents and other guardians must not cause minors under eight years old, or those who require special care due to psychological or physical state, to be unattended, or to be in the care of inappropriate persons such as those lacking or having limited civil capacity, or having a legally-prescribed infections disease.
Parents and other guardians must not let minors under the age of 16 to be emancipated and live alone.
Article 17: Parents and other guardians shall learn about household education, accept guidance on household education, correctly perform the duties of guardianship, to raise and educate minors.
Article 18: When making decisions concerning the rights and interests of minors, parents or other guardians shall, on the basis of the minors’ age and intellectual development, inform the minors of the decisions and hear their opinions.
Article 19: Where parents or other guardians discover that minors' rights and interests have been violated or suspect they've been violated, they shall public security organs learn about the situation; and where the circumstances are serious, they shall immediately report it to the public security organs.
Article 20: Where parents and other guardians work in other places and thus cannot completely perform their duties of guardianship to minors, they shall entrust other adults who have capacity for guardianship to give care on their behalf.
When entrusting care, the moral character, home environment, economic and physical state of the person being entrusted, and connections with the minors' life and feelings shall be fully considered. It is prohibited for persons with any of the following circumstances to be entrusted:
(1) previously perpetrated sexual offenses or serious violent conduct;
(2) Previously neglected minors' need for care for a long time, or refused to perform responsibilities for care;
(3) Have serious negative habits such as drug use, drinking, or gambling, or several instances of illegal conduct;
(4) Have been prohibited from engaging in industries with close contact with minors;
(5) Have other circumstances making them unsuited to be entrusted.
Article 21: Where parents or other guardians entrust care, they shall give written notice of the entrusting to the minors' school, and to the residents' committee of villagers' committee for the minors' actual residence; and shall maintain contact and communication with the minor and the entrustee to learn about the minors' life and studies, and to give relevant guidance.
When parents or other guardians that have entrusted care receive notice of the minors' psychological or behavioral abnormality from the entrustee, residents' committee, villagers' committee school, or other such organizations and persons, they shall promptly adopt effect measures.
Article 22: When parents handle matters of divorce, they shall appropriately discuss matters related to minor children's care, education, visitation, and property, and hear the reasonable opinions of minors that have the ability to express their wishes.
After parents divorce, the party that is not directly caring for the minor children shall visit the minor children at the times and in the manner that was agreed upon, determined by a people's court, or consented to by the party directly caring for the minor children, and the party directly caring for the children shall cooperate, except for where a court has ruled to suspend visitation rights.
Chapter III: School Protections
Article 23: 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.
School's shall establish and complete student codes of conduct, and educate minor students to cultivate positive habits of following rules and being obedient.
Article 24: 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 25: 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 26: Schools shall safeguard minor students' right to receive an education, show concern and care for students, and provide help to student whose families are remote or poor or who have psychical and psychological impediments; and shall patiently educate students with deviant behavior or learning difficulties. Students must not be discriminated against due to situations such as their family, body, or learning abilities, and minor students must not be expelled or covertly expelled in violation of laws and stat provisions, or have their right to receive an education limited.
Schools shall register dropped out 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.
Schools shall cooperate with the relevant government departments to establish information archives on students with difficulties rising from their family or personal situation, and carry out efforts for care and support.
Article 27: Based on the characteristics of minor students’ physical and mental development, schools shall carry out social life guidance, mental health counseling, safety education, as well as education on puberty.
Article 28: Schools and the parents or other guardians of minor students shall cooperate together to ensure minor students' time for rest, entertainment, and physical exercises, and reasonably arrange their study time.
Article 29: 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 30: Schools and kindergartens shall establish safety management systems, ensuring the physical safety of minors in the school or kindergarten.
Schools and kindergartens must not conduct education or teaching activities in school buildings or other facilities and venues that endanger minors' physical safety or health.
Group activities organized by schools and kindergartens for minors, such as rallies, cultural and recreational activities and practicums in society, shall be conducive to the healthy growth of minors, and shall prevent the occurrence of accidents endangering physical safety.
Article 31: As needed, schools and kindergartens shall draft plans for responding to all types of disaster, infections desease outbreak, food safety incident, accidental injury, and other emergency incidents, allotting the corresponding facilities and periodically conducting necessary drills.
Where personal injuries are inflicted upon minor students in the course of activities inside the school or in the course of after-school activities organized by the schools, the schools shall promptly arrange for first-aid and properly handle the accidents and shall report the matter to the department in charge without delay.
Article 32: It is prohibited for schools and kindergartens to assign purchase or directly sell insurance products.
Article 33: Schools shall establish systems for prevention and control of student bullying, and carry out training and education for teachers, staff, and students on the prevention and correction of student bullying.
Schools shall promptly stop and address student bullying, and notify the parents or other guardians of the bullied and the bullying minor students; psychological counseling and educational guidance shall be promptly given to the relevant minor students, and necessary guidance in household education shall be given to the parents or guardians of relevant minor students.
Based on the nature and seriousness of bullying, schools shall cooperate with relevant departments to lawfully give education, corrections, or punishments to minor students carrying out bullying.
Article 34: Schools and kindergartens shall strengthen education and management of teachers and staff, to prevent sexual abuse of minor students and the occurrence of other illegal and criminal conduct.
Schools and kindergartens shall carry out sex and health education for minors that is appropriate for their age, increasing minors' awareness and ability to protect themselves against sexual abuse.
Article 35: The school and the parents or other guardians of minor students receiving education at the school who display seriously negative behavior, shall cooperate together to increase discipline; and where they are unable to discipline or such discipline proves ineffective, they may lawfully send the minor students to specialized schools to continue receiving education.
The specialized schools implement a boarding school system. The students' records are to be retained in the original school, and where requirements for graduation are met, the original school is to issue their graduation certificate.
The specialized schools shall be the same as regular schools in terms of curriculum arrangements, and are to carry out education and corrections on the basis of the minors physical and psychological developmental characteristics.
Families, schools, and the public shall show concern and care for minor students studying in special schools, respect their personal dignity, and must not abuse or discriminate against them.
Article 36: Infant care service establishments, 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 ensure minors' safety based on the developmental characteristics and natural laws of minors at different ages.
Chapter IV Societal Protections
Article 37: The entire society shall establish positive practices for respecting, protecting, and education minors, showing concern and caring for minors.
The state encourages, supports, and leads, social groups, enterprises and 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 38: Residents' committees and villagers' committees shall assist relevant government departments to publicize laws and regulations on the protection of minors, guiding and overseeing families' performance of guardianship duties, and establishing archives for information and support of minors in difficult situations due to their families or themselves.
Residents' committees and villagers' committees shall assist relevant government departments in overseeing situations of entrusted care, and where it is is discovered that the entrustee lacks capacity to give care or cannot effectively perform care-giving duties, shall promptly notify the minors' parents or other guardians, who are to request that the entrustee perform their care-giving duties or entrust another adult with care-giving capacity to care for the minor on their behalf.
Article 39: 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, 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 and institutions, forces, and so forth, to initiate their own exceptional educational resources, establishing open-days aimed at minors and providing support for minor themed education, social practicums, and occupational experiences, and so forth.
Article 40: 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 41: Large scale public venues, public transportation, travel destinations, and so forth, shall follow relevant state provisions to establish rooms for nursing mothers, infant care stations, as well as restroom facilities such as toilets and hand-washing areas that are convenient for use by young children, to provide conveniences for minors.
Article 42: The care and benefits that minors shall enjoy in accordance with relevant provisions must not be limited by any organization or individual on grounds other than age.
Article 43: The state encourages units in areas such as the press, film, radio and television, online information services, arts and literature, as well as writers, artists, scientists and other citizens, to strengthen publicity on the protection of minors, creating, publishing, producing, and broadcasting books, magazines, film and televisions programs, audiovisual works, pieces, online information, electronic publications, etc., that are conducive to the healthy growth of minors.
The State encourages scientific research institutions and science and technology groups, to carry out activities spreading scientific knowledge among minors.
Article 44: It is prohibited for any organization or individual to provide minors with books, magazines, film and television programs, audiovisual works, online information, electronic publications, and so forth, that contain content which is harmful to minors' physical or psychological health, such as on pornography, sex, violence, cults, superstition, murder, terror, gambling, or drug use.
Where any organization or individual publishes, broadcasts, or shows books, magazines, film and television programs, audiovisual products, electronic publications, and other such cultural products, include those that might impact minors' physical and psychological health, they shall have noticeable categorized warnings.
Article 45: Advertisements that include content that is harmful to minors' physical or psychological health must not be place, broadcast, posted, or disseminated by any organization or individual.
It is prohibited to broadcast, post, or disseminate commercial advertisements in secondary or elementary schools.
Article 46: It is prohibited to produce, reproduce, publish, transmit, or possess pornographic information related to minors.
Article 47: The trafficking, kidnapping, or abuse of minors is prohibited, and it is prohibited to carry out sexual offenses against minors.
Coercing, enticing, or exploiting minors for begging, or organizing them for performances which are harmful to their physical or psychological health, is prohibited.
Article 48: The production or sale of foods, medicines, toys, utensils, games and entertainment equipment, or amusement facilities for use by minors shall conform to national or industry standards and must not be harmful to minors’ safety and health; where points for attention need to be indicated, indications shall be conspicuously set up.
Article 49: Venues for group activities for minors shall comply with national or industry safety standards and employ corresponding safety and protective measures; for facilities that might endanger minors' physical safety, they shall conduct regular periodic maintenance and set up safety notices signs in conspicuous locations and indicate the appropriate age range and matters for attention. When necessary, special personnel shall be positioned as guards.
Large scale shopping centers, grocery stores, hospitals, libraries, museums, science and technology centers, amusement parks, transportation stations, travel destinations, and other such venues shall set up a safety alert system for missing minors. After the unit operating the venue receives an alert system notice or a lost minor seeks help, they shall immediately organize personnel to conduct a search and report to the public security organs.
Article 50: Venues for activities not suitable for minors such as for-profit recreation venues or internet access service sites, must not be established on the periphery of secondary and primary schools.
Venues for activities not suitable for minors such as for-profit song and dance entertainment venues 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 an adult, they shall be required to show their identification.
Article 51: It is prohibited to sell tobacco, alcohol, or lottery tickets, or pay out lottery prizes, to minors. Tobacco and alcohol business, and lottery ticket sellers or redeemers, shall put up signs in conspicuous places saying that tobacco, alcohol, or lottery tickets will not be sold to minors, and where it is difficult to tell whether someone is an adult, they shall be required to show their identification.
There must not be smoking or consumption of alcohol by any person in primary and secondary school or kindergarten classrooms, dormitories, activity rooms, and other spaces for minors' group activities.
Article 52: It is prohibited to provide or sell controlled knives or other instruments, equipment, or items that might seriously harm persons to minors. Where relevant businesses have difficulty telling whether purchasers are adults, they shall be required to show their identification.
Article 53: Minors under the age of sixteen must not be hired by any organization or individual, except where otherwise prescribed by the state.
Any organization or individual hiring minors 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.
Where with the consent of their parents or other guardians, minors participate in performances, program creation, online livestreaming, 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 54: When hiring practitioners in industries with close contact with minors, the employing unit shall inquire to the public security organs as to whether the hires have records of violations or crimes that seriously harm minors, such as sexual offenses, abuse, or violence; and where the inquiry discovers that they have records provided for above, they must not be hired.
All types of organizations in industries with close contact with minors shall periodically conduct reviews of whether employees of their unit have records of violations or crimes that seriously harm minors, such as sexual offenses, abuse, or violence; and where the inquiry discovers that they have records provided for above, prohibit them from continuing the engage in the work.
Article 55: The personal privacy of minors must not be leaked by any organization or individual.
Minors' mail, diaries, e-mail, and online communication content must not be concealed, destroyed, or deleted by any organization or individual; and minors' mail, diaries, e-mail, and online communication content must not be opened or accessed except where public security organs or people's procuratorates need to conduct an inspection in order to investigate crimes, or parents or other guardians of minors who lack capacity for civil conduct open or access it on their behalf.
Article 56: When emergencies occur in venues where minors congregate such as public places, schools, or kindergartens, priority shall be given to the rescue of minors.
Chapter V: Online Protections
Article 57: The state protects minors' right to lawful use of the internet, and safeguards and guides minors' safe and reasonable use of the internet.
Article 58: Families and schools shall cultivate and increase minors' network literacy, carrying out education on network security and network civility, increasing minors' awareness and ability for safe and reasonable use of the internet, and fortifying minors' awareness of self-preservation.
Article 59: The State encourages and supports the creation and broadcast of online content online content platforms conducive to the healthy growth of minors; encourages and supports the research, production, and use of network technology, equipment, products, and services aimed at minors and suited to minors' physical and psychological developmental characteristics.
Article 60: Network product and service providers, and producers and sellers of smart terminal products, shall perform obligations to protect minors online in accordance with law.
Article 61: Schools, communities, libraries, cultural centers, youth activity centers, and other such venues providing minors with public interest internet access facilities, shall install software for the protection of minors online.
Producers and sellers of smart terminal products shall install software for the protection of minors online on the smart terminal products, or employ noticeable methods to inform users about installing software for the protection of minors as well as channels and methods for installation.
Article 62: Networks must not be used by any organization or individual to produce, reproduce, publish, or transmit information containing content prohibited by laws and administrative regulations such as on pornography, sex, violence, cults, superstition, murder, terror, gambling, or drugs.
Where network products or services contain information that might impact minors physical or psychological health, the organizations or individuals producing, reproducing, publishing, or transmitting them shall give notice before displaying the content in accordance with relevant state provisions.
Article 63: Network product and service providers shall alert minors to protect their personal information, and carry out protective restrictions on minors' use of their personal information.
Where network product and service providers collect, use, and store minors' personal information through networks, it shall comply with relevant state provisions, and be upon the consent of the minors and their parents or other guardians.
Article 64: Network product and service providers shall avoid providing content that might induce obsession by minors. Network product and service providers shall set up corresponding functions such as for the management of time, privileges, and spending, to facilitate parents or other guardians prevention and intervention of minor's internet obsessions.
Families, schools, and relevant social organizations shall cooperate with each other to prevent and intervene in minors' internet obsessions.
Article 65: Specific measures for management of minors' time using online games are to be formulated by the State Council.
Online gaming service providers shall follow relevant national provisions and standards to categorize games, make notices, and employ technical measures, and must not allow minors to have contact with games or game functions that are not suitable for minors.
Article 66: Minors must not be insulted, defamed, or threatened by any organization or individual online, and minors' images must not be distorted or injured.
Where it is discovered that minors' have suffered bullying provided for in the preceding paragraph, or that their images have been distorted or injured, the parents or other guardians of the injured minors may request that the network information service providers promptly take measures such as deletion or blocking to stop the violation.
Article 67: Network information service providers shall combine the services related to minors provided by the unit, establish convenient channels for reporting, give information on the reporting channels and methods in conspicuous way, and allocate full-time personnel suitable to the scale of the services, to promptly accept and address reports.
Chapter VI: Government Protections
Article 68: The State Council and local people’s governments at all levels are to lead relevant departments in efforts on the successful protection of minors; and they shall include efforts on the protection of minors in their citizen economic and social development plans and annual plans, and include the funds needed for the work into their budgets.
Article 69: The State Council and local 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. The civil affairs departments at the same level are to undertake the specific work of coordination mechanisms.
Article 70: The functional departments involving the protection of minors of the State Council and local people's governments at the county level or above shall clarify the internal bodies or 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 71: 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 social groups, enterprises and institutions to carry out household education services.
Article 72: Local people's governments at all levels shall provide oversight and support for family guardianship, employing measures to oversee the status of family guardianship, and provide guidance and help to families that require it.
Article 73: Local people's governments at all levels shall ensure minors' right to receive an education, and adopt measures to ensure that minors who are in difficult situations due to their families or themselves, receive compulsory education.
Article 74: Local people’s governments at all levels shall develop child-care, successfully run infant and child-care service establishments and kindergartens, and support social organizations and individuals to establish nursing rooms, infant and child-care service establishments and kindergartens, in accordance with law.
All levels of people's government 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 75: All levels of people's government shall develop vocational education, ensuring that minors who do not go to study at ordinary high schools receive vocational education or vocational technical training, and shall encourage and support social groups, enterprises and institutions, to provide vocational education and vocational technical training services to minors.
Article 76: 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 the teaching conditions of special education schools and kindergartens, to carry out preschool, compulsory education, and vocational education for minors who do not possess the capacity to receive ordinary education; and shall encourage and support child welfare establishments with the capacity to organize special education schools and kindergartens.
Article 77: Specialized education is an important 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 78: Local people's governments at the county level or above and their relevant departments shal 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 79: County Level people's governments and their relevant departments shall lawfully maintain security and traffic order around campuses, set up surveillance equipment and traffic safety facilities, to prevent and stop illegal and criminal activities that infringe upon the lawful rights and interests of minors.
Article 80: All levels of people's government shall establish and improve activity venues and facilities suited to minors' needs,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.
All levels of 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.
People’s governments at or above the county level and their administrative departments for education shall adopt measures to encourage and support secondary and primary schools to open their cultural and sports facilities to the minors free of charge or on a preferential basis during holidays and summer and winter vacations.
Article 81: 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.
Departments for health and hygiene shall do a good job of efforts to prevent illness in minors, implementing the nations' immunization plan,and carrying out immunizations and fully informationalized follow-up systems; to prevent and control common and recurrent illnesses, and strengthen oversight and management of efforts on the prevention and control of infectious diseases, strengthen guidance and assessment of harm control, strengthen health and hygiene guidance and oversight of schools, kindergartens, and infant and child care service establishments.
Education departments shall strengthen mental health education for minors, and establish mechanisms for early discovery and prompt intervention in minors' psychological problems. Health and hygiene departments shall do a good job of psychological therapy for minors, psychological crisis intervention, as well as early recognition and clinical treatment of psychiatric disorders, and so forth.
Article 82: All levels of people's government and their relevant departments carry out differentiated safeguards for minors in difficult situations due to their families or themselves, and employ measures to satisfy their basic needs in terms of their lives, education, medicine and health, and housing.
Article 83: All levels of people's government shall employ measures to strengthen education on network literacy for minors, guiding secondary and primary schools and social groups, enterprises, and institutions, basic level mass autonomous organizations, and so forth to carry out education and educational activities to increase minors' network literacy.
Departments such as for education and health and hygiene, shall organize and carry out publicity and education on preventing minors' internet addiction, and carry out interventions on minors' internet addiction in accordance with law.
Article 84: As needed for the protection of minors online, the State Internet Information Department, together with the regulatory departments for culture, news and publication, film, radio and television; are to consider the different age periods of minors to determine the types and scope of information that might impact minors' physical and psychological health, and judgment standards.
Article 85: People's governments at the county level or above are to conduct guardianship on behalf of the state of minors with the legally-prescribed circumstances. All levels of civil affairs departments are to bear both short-term and long-term guardianship responsibilities, and departments such as for 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 require state guardianship.
Article 86: The state shall take temporary guardianship of minors in any of the following circumstances:
(1) Guardians do not perform, or for some reason cannot perform, guardianship duties, but it is not possible to designate, or not suitable to entrust, others to act as caretakers in the short-term, making it so that the minors have no one to care for them;
(2) They have suffered serious harms from the guardians and need to be immediately extracted;
(3) Their background is unclear, and their parents or other guardians cannot be found for a time;
(4) The people's courts rule to terminate guardianship qualifications;
(5) other circumstances that require the state to conduct temporary guardianship.
For minors in temporary guardianship, priority consideration shall be given to fostering by relatives; where there isn't capacity or it is inappropriate, the children's aid and protection institutions or child welfare establishments may take them in and raise them.
The period for temporary guardianship is ordinarily not to exceed one year. Where, after the temporary guardianship period is complete, there is no way to ascertain or confirm guardians, the state is to conduct long-term guardianship.
Article 87: The state shall take long-term custody of minors in any of the following circumstances:
(1) Their parents are dead or declared missing, and there is no other person qualified to be a guardian in accordance with law;
(2) Their parents lack capacity for guardianship or there are no other persons with guardianship qualifications in accordance with law;
(3) It is not possible to ascertain their parents or other guardians;
(4) The people's courts rule to revoke guardianship qualifications and direct civil affairs departments to serve as guardians.
(5) Other situations where the law provides the civil affairs departments are to serve as guardians.
Placements may be made of minors in the long-term guardianship of the state through methods such as adoption. The civil affairs departments shall conduct adoption assessments for lawful adoptions. After the adoptive relationships are established, state guardianship of the minors are terminated.
Article 88: Local people's governments at the county level or above shall activate a unified national hotline for the protection of minors, to promptly accept and refer complaints and reports about violations of minors' lawful rights and interests; and shall encourage and support social groups, enterprises, and institutions to participate in the establishment of protective services platforms, service hotlines, and service stations, to provide information and assistance to minors.
Article 89: The State Council shall establish a unified national information inquiry system for persons that have committed violations or crimes that seriously harm minors, such as sexual offenses, abuse, and violence; and the public security organs are to provide inquiry services for relevant organizations in industries with close contact with minors that have employment needs.
Article 90: People's governments at the county level or above shall cultivate, guide, and regulate relevant social organizations participation in efforts to protect minors, carrying out household education guidance, and psychological counseling for minors, rehabilitation assistance, adoption assessments, and other such social work and services.
Chapter VII: Judicial Protections
Article 91: Public security organs, people’s procuratorates, people's courts and judicial administrative departments shall perform their duties in accordance with law and protect the lawful rights and interests of minors.
Article 92: As needed, 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 93: 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 94: Public security organs, people's procuratorates, people's courts and judicial administrative departments handling cases involving minors must not disclose the names, appearance, residence, or school of minors involved in the case or minor victims, as well as other information that might be used to identify them.
The names, appearance, residence, or school of minors involved in the case or minor victims, as well as other information that might be used to identify them, must not be published by any organization or individual in news reports, film and television programs, open publications, or online.
Article 95: Where minor criminal suspects, defendants, or victims in judicial activities, as well as whose families have financial difficulties, that require legal aid or judicial aid, the legal aid institutions or people's courts, people's procuratorates, and public security organs shall give aid, and lawfully provide than with legal aid or judicial aid.
Legal aid institutions shall appoint a lawyer who is familiar with the special physical and psychological characteristics of minors to a defense or representation.
Legal aid institutions and lawyers association shall conduct guidance and training for lawyers handling legal aid cases for minors.
Article 96: Public security organs, people's procuratorates, and people's courts may communicate with the legal representatives of minor criminal suspects, defendants, or victims on their cases, family, studies, employment, and other such circumstances, and where discovering that parents or other guardians have violent discipline, inadequate care, or other conduct that is not conducive to minors physical or psychological health, they shall order them to accept household education and guidance.
The provisions of the preceding paragraphs apply to the legal guardians of minors that have not yet reached the legally-designated age for administrative or criminal punishment.
Article 97: After minors' lawful rights and interests have been encroached, where organizations and individuals with the right to initiate litigation on their behalf or exercise relevant procedural rights, waive rights or do not exercise rights within a reasonable period of time, the people's procuratorate may exercise procedural rights on their behalf.
Where violations of minors' lawful rights and interests, or administrative organs' illegal or inadequate exercise of functions for the protection of minors, involves the public interest, the people's procuratorates may initiate public interest litigation.
Article 98: 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 hear the opinions of the minor children who have the ability to express their wishes, and handle it in accordance with law, based on the principle of safeguarding the rights and interests of the children and the specific circumstances of the two parties.
Article 99: In any of the following circumstances where the parents or other guardians of minors do not perform guardianship duties or infringe upon the lawful rights and interests of the minors under their guardianship, and do not make corrections after education, the people’s court may, based upon an application by persons or units concerned, suspend the guardianship qualifications and have the state conduct temporary guardianship:
(1) Inadequate performance of guardianship duties put the minor in a precarious state;
(2) Instigated or used minors to commit unlawful or criminal conduct,;
(3) Coerced, enticed, or exploited minors to beg;
Parents or other guardians whose guardianship qualifications are suspended shall continue to bear the cost of child support in accordance with law.
Article 100: Where after guardianship qualifications have been suspended by the people's courts, parents or other guardians truly demonstrate repentance, they may apply to the people's court to restore guardianship qualifications.
Where within one year of guardianship qualifications being suspended, the former guardians have not applied to the people's courts to restore their guardianship qualifications, or their application was rejected, the former guardians are to lose their guardianship qualifications, and upon judgment of the people's court, another guardian is to be designated or the state is to carry out long-term guardianship.
Article 101: In any of the following circumstances where the parents or other guardians seriously infringe upon the lawful rights and interests of the minors under their guardianship, the people’s court may, based upon an application by persons or units concerned, revoke their guardianship qualifications and lawfully designate another guardian or have the state conduct long-term guardianship:
(1) where there are sexual offenses, sale, abandonment, long-term abuse, or serious violent harm of a minor;
(2) After suspended guardianship qualifications are restored, situations allowing for suspension of guardianship qualifications manifest again;
Parents or other guardians whose guardianship qualifications are revoked shall continue to bear the cost of child support in accordance with law.
Article 102: People's courts hearing civil cases involving minors such as for divorce, support, adoption, guardianship, or visitation, may retain relevant social organizations to conduct a social investigation of their family circumstances.
Article 103: 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 pay attention to protecting the minors' personal privacy and reputation, employing appropriate methods and conducting it in appropriate locations.
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 psychological intervention shall be adopted.
Article 104: 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 appropriate measures to avoid the minors being harmed again. 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 l strengthen may unite with relevant government departments, social groups, as well as relevant social organizations, to carry out necessary economic assistance, psychological intervention, academic transfer placements, and other comprehensive protections for minor victims of sexual offenses or other serious violent harms, and their families.
Article 105: For minors who commit violations or crimes, implement the policy of education, persuasion, and redemption, and adhere to the principle of emphasizing education 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.
Article 106: Prior to the judgment of a people's court, schools must not cancel the registration of minor students against whom criminal compulsory measures have been adopted.
Article 107: Lawfully apply educational corrective measures for minors that have negative conduct or serious negative conduct, as well as those that have not yet reached the legally-designated age for administrative or criminal punishment.
Article 108: Where public security organs, people's procuratorates, and people's courts apply release on guarantee for minors with no fixed residence that are unable to provide a guarantor, they shall designate an appropriate adult as their guarantor, and when necessary may arrange for guidance, oversight, observation, corrections, protections, restraints and other measures for care, protection, aid, and education, to be carried out in appropriate locations.
Article 109: Public security organs, people's procuratorates and people's courts handling juvenile criminal cases, may retain community corrections establishments of relevant social organizations to conduct a social investigation into circumstances of the minor suspect or defendant's upbringing, the reasons for the offense, the suspect's guardianship and educational conditions, and other relevant circumstances.
Based on the actual needs, and upon the consent of the minor criminal suspects or defendants and their guardians, psychological testing may be carried out of minors.
Social investigations and psychological testing may be a consideration in the handling of criminal cases involving minors.
Article 110: Public security organs, people's procuratorates, people's courts, and judicial administrative organs must not provide minors' criminal records that have been sealed to any unit or individual, except where necessary for judicial organs case-handling or relevant units' inquiries made on the basis of national regulations. Those making inquiries shall comply with confidentiality obligations.
The provisions of the preceding paragraph apply to minors' records of administrative punishment and administrative compulsion, and to records of having criminal cases opened, criminal compulsory measures being employed, non-prosecutions, waivers of criminal punishment, not being given criminal punishment, not bearing criminal responsibility, conclusion of trial, pronouncements of not-guilty, and lawful application of education and correction measures.
Article 111: Minors in detention or serving sentences shall be detained or imprisoned, and educated, separately from adults.
Where minors in detention or serving sentences have not completed their compulsory education, they shall continue to receive compulsory education.
Article 112: 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 aid, they shall submit a recommendation to those units. Units that are given recommendations shall make a response within two months.
Article 113: The state encourages and supports social organizations for the protection of minors, social work services, and so forth, participating in psychological intervention, legal aid, social investigations, social care, education and corrections, community corrections, and other such work for minors involved in cases and minor victims.
Chapter VIII: Legal Responsibility
Article 114: Where this law is violated by the infringement of minors' lawful rights and interests, and this law provides for administrative punishment, follow this law to carry out administrative punishment; where this law makes no provisions, follow the provisions of other laws and regulations to carry out administrative punishment.
Where this law is violated by the infringement of minors' lawful rights and interests, and this law provides for administrative punishment, follow this law to carry out administrative punishment; where this law makes no provisions, follow the provisions of other laws and regulations to carry out administrative punishment.
Article 115: Where state organs, any type of organization authorized by law to exercise public power, or public employees provided for by law do not perform their duties to protect the lawful rights and interests of minors in accordance with law, or infringe upon minors' lawful rights and interests, or retaliates against persons who make complaint appeals, accusations, or reports; their unit or a higher level organ shall order corrections, and given sanctions to the directly responsible managers and other directly responsible personnel in accordance with law.
Article 116: Where units or individuals provided for in article 7, paragraph 2 of this Law fail to perform their obligation to report, higher level organs or regulatory departments, or their unit, are to give sanctions in accordance with law, where serious consequences were caused due to their failure to report, the responsibility of directly responsible managers and other directly responsible personnel is to be pursued concurrently.
Article 117: Where people's procuratorates discover in the course of handling cases that minors' parents or other guardians are not performing guardianship duties in accordance with law, or are infringing on minors' lawful rights and interests, they shall reprimand them or order them to accept household education and guidance.
Where people's procuratorates discover in the course of handling cases that minors' parents or other guardians are not performing guardianship duties in accordance with law, or are infringing on minors' lawful rights and interests, they shall reprimand them or order them to accept household education and guidance.
In addition to reprimanding or ordering acceptance of household education and guidance, following an application by relevant units or individuals, people's courts may make the following dispositions of minors' parents or other guardians who are not performing guardianship duties in accordance with law:
(1) Issue a personal safety protection order;
(2) Compel enforcement of those who refuse to perform on related administrative decisions;
(3) Order suspension or revocation of guardianship qualifications.
Article 118: Where schools, kindergartens, or infant and child care services infringe upon the lawful rights and interests of minors,the regulatory departments in charge of education, health and hygiene, market regulation, and so forth are to order corrections; and where the circumstances are serious, the directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law.
Where a teaching or administrative staff members of schools, kindergartens, or infant and child care services subject minors to corporal punishment, covert corporal punishment, or other acts that insult the personal dignity of minors, their unit or a higher level regulatory department is to order corrections; and where the circumstances are serious, give sanctions in accordance with law.
Article 119: Where public venues and locations fail to follow relevant provisions to be open to minors free of charge or at a discount, regulatory departments such as for market regulation and culture are to give warnings and order corrections; where corrections are refused, a fine of between 10,000 and 100,000 RMB is to be given.
Article 120: Where municipal public transportation, as well as public roads, railways, waterways, air transport, and so forth, fail to implement free or reduced ticket prices for minors in accordance with relevant provisions, regulatory departments such as for market regulation and transport are to give warnings and order corrections; where corrections are refused, a fine of between 10,000 and 100,000 RMB is to be given.
Article 121: Where large scale public venues, public transportation, travel destinations, and so forth, fail to follow relevant provisions to establish rooms for nursing mothers, infant care stations, or restroom facilities such as toilets and hand-washing areas that are convenient for use by young children, to provide conveniences for minors, regulatory departments such as for market regulation, transport, and tourism are to give warnings and order corrections; where corrections are refused, a fine of between 10,000 and 100,000 RMB is to be given.
Article 122: Where for reasons other than age, relevant units or individuals limit minors' enjoyment of care and benefits thay are required to receive in accordance with law, regulatory departments such as for market regulation to give warnings and order corrections; where corrections are refused, a fine of between 10,000 and 100,000 RMB is to be given.
Article 123: Where minors are provided with with books, magazines, film and television programs, audiovisual works, online information, electronic publications, and so forth, that contain content which is harmful to minors' physical or psychological health, such as on pornography, sex, violence, cults, superstition, murder, terror, gambling, or drug use, the regulatory departments such as for publication, radio, televisions, internet information, and film, are to give warnings, order corrections, and may give a fine of up to 50,000 RMB; where the circumstances are serious or corrections are refused, order that production or business is stopped, cancel relevant permits, confiscate unlawful gains, and give a fine of between one and five times the value of unlawful gains; but where there are no unlawful gains, give a fine of between 50,000 and 5000,000 RMB.
Where magazines, film and television programs, audiovisual products, electronic publications, and other such cultural products, that include content that might impact minors' physical and psychological health, are published, broadcast, or shown without processing in accordance with regulations, the regulatory departments such as for publication, radio, television, internet information, and film, are to give warnings, order corrections, and may give a fine of up to 50,000 RMB; where the circumstances are serious or corrections are refused, order that production or business is stopped, cancel relevant permits, confiscate unlawful gains, and give a fine of between one and five times the value of unlawful gains; but where there are no unlawful gains, give a fine of between 50,000 and 5000,000 RMB.
Article 124: Those organizing minors to conduct performances that endanger their physical and psychological health, or other such activities, are to be given warnings by the relevant regulatory departments, ordered to make corrections, and may be given a fine of up to 50,000 RMB; where the circumstances are serious or corrections are refused, order that production or business is stopped, cancel relevant permits, and a fine of between 50,000 and 500,000 RMB may be given.
Article 125: Where public venues for minors' group activities fail to follw regulations to perform security management obligations, the departments for emergency management are to give warnings or order that corrections be made within a certain time; and where corrections are refused, order that production or business be stopped, and a fine of between 10,000 and 100,000 RMB may be given.
Where large scale shopping centers, supermarkets, libraries, museums, science and technology centers, amusement parks, transit stations, travel destinations, and other such venues do not follow regulations to set up safety alert system for missing minors. or fail to promptly perform obligations to search and report to the police, regulatory departments such as for public security and market regulation shall give warnings and order corrections; and where circumstances are serious or corrections are refused, order that production or business be stopped, and a fine of between 10,000 and 100,000 RMB may be given.
Article 126: Where tobacco or alcoholic drinks are sold to minors, or where signs are not put up in conspicuous places saying that tobacco or alcohol will not be sold to minors, the departments of market regulation are to give warnings and order corrections, and may give a fine of up to 50,000 RMB; where the circumstances are serious, corrections are refused, or there are multiple violations, order that production or business be stopped, and a fine of between 50,000 and 500,000 RMB may be given.
Where lottery ticket sales establishments fail to set up signs in conspicuous places saying that lottery tickets will not be sold to minors, the regulatory departments such as for civil affairs and sports are to correct them.
Those who smoke or consume alcohol in venues for minors' group activities, are to be given warnings by the relevant regulatory departments, ordered to make corrections, and may be given a fine of up to 500 RMB; where the circumstances are serious or corrections are refused, a fine of between 500 and 1,000 RMB is to be given.
Article 127: Where controlled knives or other instruments, equipment, or items that might seriously harm persons are sold to minors, regulatory departments such as for public security and market regulation departments are to give warnings and order corrections, and may give a fine of up to 50,000 RMB; where the circumstances are serious, corrections are refused, or there are multiple violations, order that production or business be stopped, cancel business licenses, and a fine of between 50,000 and 500,000 RMB may be given.
Article 128: Were any kind of organization in industries with close contact with minors does not follow regulations when hiring personnel, or conducting reviews of current employees, engaged in industries with close contact with minors, to make inquiries to the public security organs, or where personnel with records of serious violations or crimes against minors such as sexual offenses, abuse, or violence are hired or have their employment continued; the departments for human resources and social security are to give warnings, order that corrections be made in a certain period of time, and may give a fine of up to 50,000 RMB; where corrections are refused, order that production or business be stopped, and a fine of between 50,000 and 500,000 RMB may be given.
Chapter IX: Supplemental Provisions
Article 129: The meaning and scope of the following terms in this law:
“Industries with close contact with minors" refers to units, organizations, or establishments that have special duties towards minors, such as for guardianship, education, training, rescue, care, medical treatment, and so forth，including:：Primary and secondary schools, kindergartens and other educational institutions; off-campus education and training institutions such as for cultural education, vocational skills; skills training institutions such as for arts and sports; 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 for minors; afternoon and evening care, summer classes, summer camps and other off-campus institutions for temporary entrustment of care; medical institutions that provide medical services for minors; and so forth. "Student bullying" refers to conduct between students, either on or off campus, and occurring either one time or several times, in which one individual or group, deliberately or maliciously pushes around or insults another individual or group, using physical, language, or online tactics, etc., and causing psychical harm, property harm, or emotional harm.
Article 130: This law is to take effect on _______.
English
中文(简体)
[…] all its legal system as it relates to children. Revisions of the two most critical laws, the “Law on the Protection of Minors” and the “Law on the Prevention of Juvenile Delinquency” are nearing completion. In the […]