(199 1 Adopted at the 21st meeting of the Standing Committee of the Seventh NPC on September 4th, promulgated by Decree No.50 of the President of the People's Republic of China on September 4th, and effective as of June 5th.
Chapter I General Principles
Article 1 This Law is formulated in accordance with the Constitution in order to protect the physical and mental health of minors, safeguard their legitimate rights and interests, promote their all-round moral, intellectual and physical development, and train successors with ideals, morality, education and discipline in the socialist cause.
Article 2 Minors mentioned in this Law refer to citizens under the age of 18.
Article 3 The state, society, schools and families shall educate minors in ideals, morality, culture, discipline and legal system, patriotism, collectivism, internationalism and productism, advocate the public morality of loving the motherland, people, labor, science and socialism, and oppose the erosion of capitalism, feudalism and other decadent ideas.
Article 4 The protection of minors shall follow the following principles:
(a) to protect the legitimate rights and interests of minors;
(2) Respecting the personal dignity of minors;
(three) to adapt to the characteristics of physical and mental development of minors;
(4) Combination of education and protection.
Article 5 The state guarantees that the person, property and other lawful rights and interests of minors are inviolable.
Protecting minors is the common responsibility of state organs, armed forces, political parties, social organizations, enterprises and institutions, urban and rural grassroots mass autonomous organizations, guardians of minors and other adult citizens.
Any organization or individual has the right to discourage or stop acts that infringe upon the legitimate rights and interests of minors, or to report or accuse the relevant departments.
The state, society, schools and families should educate and help minors to safeguard their legitimate rights and interests by legal means.
Article 6 State organs at the central and local levels shall do a good job in the protection of minors within their respective functions and duties.
The State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, according to needs, take organizational measures to coordinate the relevant departments to do a good job in the protection of minors.
* * * Communist Youth League, women's federations, trade unions, youth federations, student federations, young pioneers and other relevant social organizations shall assist people's governments at all levels in protecting minors and safeguarding their legitimate rights and interests.
Seventh people's governments at all levels and relevant departments shall reward organizations and individuals that have made remarkable achievements in the protection of minors.
Chapter II Family Protection
Eighth parents or other guardians shall perform their guardianship duties and support obligations for minors according to law, and shall not abuse or abandon minors; Shall not discriminate against female minors or disabled minors; It is forbidden to drown or abandon babies.
Article 9 Parents or other guardians shall respect minors' right to education, and must make school-age minors receive compulsory education in accordance with regulations, and shall not make minors who receive compulsory education drop out of school.
Article 10 Parents or other guardians shall educate minors with healthy thoughts, behaviors and appropriate methods, guide minors to engage in activities beneficial to their physical and mental health, and prevent and stop minors from smoking, drinking, wandering, gambling, taking drugs and prostitution.
Eleventh parents or other guardians shall not allow or force minors to get married, and shall not enter into marriage contracts for minors.
Twelfth parents or other guardians who fail to perform their guardianship duties or infringe upon the legitimate rights and interests of minors under guardianship shall bear the responsibility according to law.
If a parent or other guardian has one of the acts listed in the preceding paragraph and refuses to change after education, the people's court may revoke his guardian qualification upon the application of the relevant person or unit; In accordance with the provisions of Article 16 of the General Principles of the Civil Law, the guardian shall be determined separately.
Chapter III School Protection
Thirteenth schools should fully implement the national education policy, moral education, intellectual education, physical education, aesthetic education, labor education, social life guidance and adolescent education for underage students.
Schools should care about and care for students; Students with shortcomings in conduct and difficulties in learning should be patiently educated and helped, and no discrimination should be allowed.
Article 14 Schools shall respect the right of underage students to receive education, and shall not expel underage students at will.
Fifteenth school and kindergarten staff should respect the personal dignity of minors, and may not impose corporal punishment, disguised corporal punishment or other acts that insult personal dignity on underage students and children.
Sixteenth schools shall not allow underage students to engage in activities that endanger personal safety and health in school buildings and other educational and teaching facilities.
No organization or individual may disturb the teaching order, occupy or destroy school buildings, houses and equipment.
Seventeenth schools and kindergartens arrange for underage students and children to participate in collective activities such as assembly, cultural entertainment and social practice, which should be conducive to the healthy growth of minors and prevent personal safety accidents.
Article 18 Minors who are sent to work-study schools for compulsory education according to relevant state regulations shall receive ideological education, cultural education, labor and technical education and vocational education.
The staff of the work-study school should care for, love and respect the students, and shall not discriminate against or exclude them.
Nineteenth kindergartens should do a good job in conservation and education to promote the harmonious development of children in physical, intellectual and moral aspects.
Chapter IV Social Protection
Article 20 The State encourages social organizations, enterprises, institutions, other organizations and citizens to carry out various forms of social activities beneficial to the healthy growth of minors.
Twenty-first people's governments at all levels should create conditions to establish and improve places and facilities suitable for the cultural life of minors.
Twenty-second museums, memorial halls, science and technology museums, cultural centers, theaters, stadiums (gymnasiums), zoos, parks and other places should be open to primary and secondary school students with preferential treatment.
Twenty-third commercial dance halls and other places that are not suitable for minors' activities, the relevant competent departments and operators should take measures to prevent minors from entering.
Article 24 The state encourages news, publishing, broadcasting, film, television, literary and artistic units, writers, scientists, artists and other citizens to create or provide works that are beneficial to the healthy growth of minors. The state supports the publication of books, newspapers, periodicals, audio-visual products and other publications specially for minors.
Twenty-fifth it is strictly forbidden for any organization or individual to sell, rent or otherwise spread obscene, violent, murderous, terrorist and other books, newspapers, audio-visual products that poison minors.
Twenty-sixth children's food, toys, utensils and recreational facilities shall not be harmful to children's safety and health.
Article 27 No one is allowed to smoke in classrooms, dormitories, activity rooms and other indoor places where minors concentrate their activities in primary and secondary schools, kindergartens and nurseries.
Twenty-eighth unless otherwise stipulated by the state, no organization or individual may recruit minors under the age of sixteen.
Any organization or individual that recruits minors who have reached the age of 16 but have not reached the age of 18 in accordance with the relevant provisions of the state shall implement the relevant provisions of the state in terms of types of work, working hours, labor intensity and protective measures, and shall not arrange them to engage in overweight, toxic and harmful labor or dangerous operations.
Twenty-ninth minors who wander and beg or run away from home shall be handed over to their parents or other guardians by the civil affairs department or other relevant departments; If it is temporarily impossible to find their parents or other guardians, the child welfare institution established by the civil affairs department shall take care of them.
Thirtieth no organization or individual may disclose the personal privacy of minors.
Article 31 No organization or individual may conceal or destroy the letters of minors; No organization or individual may open the letters of minors without legal capacity, except that the public security organs and people's procuratorates check them in accordance with the procedures prescribed by law in order to trace crimes, or their parents or other guardians open them on their behalf.
Thirty-second health departments and schools should provide necessary health care conditions for minors and do a good job in disease prevention.
Article 33 Local people's governments at all levels should actively develop the cause of children's care, strive to run nurseries and kindergartens well, encourage and support state organs, social organizations, enterprises and institutions and other social forces to set up nursing rooms, nurseries and kindergartens, and advocate and support the establishment of family nurseries.
Thirty-fourth health departments should implement the system of children's vaccination certificate, actively prevent and treat common and frequently-occurring diseases of children, strengthen the supervision and management of the prevention and treatment of infectious diseases and provide professional guidance for the health care work in nurseries and kindergartens.
Thirty-fifth people's governments at all levels and relevant departments should take various forms to cultivate and train kindergarten and nursery teachers and strengthen their political, ideological and professional education.
Article 36 The state protects the intellectual achievements and the right of honor of minors from infringement according to law.
For minors with special talents or outstanding achievements, the state, society, families and schools should create favorable conditions for their healthy development.
Thirty-seventh minors who have completed compulsory education for a specified number of years and no longer pursue further studies, relevant government departments, social organizations, enterprises and institutions shall provide vocational and technical training and create employment conditions for them according to the actual situation.
Chapter V Judicial Protection
Article 38 Minors who violate the law and commit crimes should follow the principles of education, probation and salvation, and adhere to the principle of giving priority to education and supplementing punishment.
Article 39 If a minor who has reached the age of 14 commits a crime and is not subject to criminal punishment because he is under the age of 16, his parents or other guardians shall be ordered to discipline him; When necessary, it can also be taken in for reeducation by the government.
Article 40 When handling juvenile criminal cases, public security organs, people's procuratorates and people's courts should take care of the physical and mental characteristics of minors, and may set up special institutions or designate special persons to handle them as needed.
Public security organs, people's procuratorates, people's courts and reformatories for juvenile offenders shall respect the personal dignity of criminal minors and protect their legitimate rights and interests.
Article 41 The public security organs, people's procuratorates and people's courts shall manage minors in pretrial detention separately from adults in custody.
Minors who have been sentenced by the people's court to serve their sentences shall be detained and managed separately from adults who have served their sentences.
Article 42 Cases in which minors over the age of 14 but under the age of 16 commit crimes shall not be heard in public. /kloc-cases of crimes committed by minors over 0/6 and under 0/8 are generally not heard in public.
In juvenile criminal cases, before the judgment, news reports, film and television programs and public publications shall not disclose the name, domicile and photos of the minor or information that may be inferred from the minor.
Forty-third families, schools and other relevant units should cooperate with the juvenile delinquent reformatory and other units to do a good job in education and assistance for juvenile delinquents.
Article 44 Minors who have been exempted from prosecution or criminal punishment by the people's procuratorate or who have been suspended, released from prison or served their sentences by the people's court shall not be discriminated against in resuming their studies, entering higher schools and finding jobs.
Article 45 When trying cases of inheritance, the people's courts shall protect minors' right of inheritance according to law.
When the people's court hears a divorce case, if both parties to the divorce have disputes over raising minor children and cannot reach an agreement, it shall make a judgment according to the principle of protecting the rights and interests of children and the specific circumstances of both parties.
Chapter VI Legal Liability
Article 46 If the legitimate rights and interests of minors are infringed, the infringed person or his guardian has the right to request the relevant competent department to handle it, or bring a lawsuit to the people's court according to law.
Article 47 Whoever infringes upon the legitimate rights and interests of minors and causes property losses or other losses or damages to minors shall make compensation or bear other civil liabilities according to law.
Forty-eighth schools, kindergartens, nurseries, teachers and staff of underage students and children corporal punishment or corporal punishment in disguised form, if the circumstances are serious, they shall be given administrative sanctions by their units or higher authorities.
Forty-ninth enterprises, institutions and individual industrial and commercial households illegally recruit minors under the age of sixteen, the labor department shall order them to make corrections and impose a fine; If the circumstances are serious, the business license shall be revoked by the administrative department for industry and commerce.
Fiftieth commercial dance halls and other places that are not suitable for minors' activities allow minors to enter, and the relevant competent departments shall order them to make corrections and may impose a fine.
Article 51 Whoever sells, rents or otherwise disseminates obscene books, newspapers, periodicals, audio-visual products and other publications to minors shall be severely punished according to law.
Article 52 Whoever infringes upon the personal rights or other lawful rights of minors and constitutes a crime shall be investigated for criminal responsibility according to law.
Whoever maltreats a minor family member, if the circumstances are bad, shall be investigated for criminal responsibility in accordance with the provisions of Article 182 of the Criminal Law.
Judicial personnel who abuse minors under supervision in violation of regulatory laws and regulations shall be investigated for criminal responsibility in accordance with the provisions of Article 189 of the Criminal Law.
Those who refuse to support minors because they have the obligation to support them, if the circumstances are bad, shall be investigated for criminal responsibility in accordance with the provisions of Article 183 of the Criminal Law.
Anyone who drowns an infant shall be investigated for criminal responsibility in accordance with the provisions of Article 132 of the Criminal Law.
Whoever fails to take measures knowing that the school building is in danger of collapse, resulting in the collapse of the school building and casualties, shall be investigated for criminal responsibility in accordance with the provisions of Article 187 of the Criminal Law.
Article 53 Whoever instigates minors to commit crimes shall be given a heavier punishment according to law.
Whoever lures, instigates or forces minors to take or inject drugs or engage in prostitution shall be severely punished according to law.
Article 54 If a party refuses to accept the decision on administrative punishment made in accordance with this Law, he may first apply for reconsideration to the administrative organ at the next higher level or the administrative organ prescribed by relevant laws and regulations; If he refuses to accept the reconsideration decision, he may bring a lawsuit to the people's court; You can also bring a lawsuit directly to the people's court. The relevant laws and regulations shall apply to the administrative organ for reconsideration first, and those who refuse to accept the reconsideration decision and then bring a lawsuit to the people's court shall be handled in accordance with the relevant laws and regulations.
If a party fails to apply for reconsideration, bring a lawsuit to the people's court or perform the decision on administrative punishment within the time limit, the organ that made the decision on punishment may apply to the people's court for compulsory execution, or enforce it according to law.
Chapter VII Supplementary Provisions
Article 55 The relevant departments of the State Council may formulate relevant regulations according to this Law and submit them to the State Council for approval and implementation.
The standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government may formulate measures for implementation in accordance with this Law.
Article 56 This Law shall come into force as of June 6, 2005.