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Law of the People's Republic of China on the Protection of Minors (Adopted at the 21st meeting of the Standing Committee of the Seventh National People's Congress on September 4, 1991, amended at the 25th meeting of the Standing Committee of the Tenth National People's Congress on December 29, 2006, promulgated by Order No. 60 of the President of the People's Republic of China on December 29, 2006, and effective as of June 1, 2007) Chapter I General Provisions Article 1 The present Law is formulated according to the Constitution for the purpose of protecting the physical and mental health of minors, safeguarding their lawful rights and interests, promoting their all-round development morally, intellectually and physically, and training them into constructors of and successors to the socialist cause with lofty ideals, sound morality, better education and a good sense of discipline. Article 2 The term "minors" as used in the present Law shall refer to citizens under the age of eighteen. Article 3 Minors may enjoy the right to survival, development, protection, and the right to participation, etc. The state shall, according to minors¡¯ physical and mental development features, provide particular and preferential protection, and safeguard minors' lawful rights and interests from being injured. Minors enjoy the right to receive education. The state, the society, schools and families shall respect and guarantee minors' right to receive education. Minors may equally enjoy rights according to law regardless of their gender, ethnic status, race, family property status, religious belief, etc. Article 4 The state, society, schools and families shall educate minors in respect of ideals, morality, culture, discipline and legal system as well as in patriotism, collectivism and socialism, foster among them the social ethics of loving the motherland, people, work, science and socialism, and fight against the corrosive influences of bourgeois, feudal and other decadent ideologies. Article 5 The protection of minors shall comply with the following principles: (1) Respecting the personality and dignity of minors; (2) Fitting in with the law and features of minors¡¯ physical and mental development; and (3) Combining education with protection. Article 6 To protect minors is the common responsibility of state organs, armed forces, political parties, social organizations, enterprises, public institutions, self-governing mass organizations at grass-root levels in urban and rural areas, guardians of minors, and other adult citizens. Any organization or individual shall have the right to dissuade or stop any act injuring the lawful rights and interests of minors, or tip off or file charges against the act to the relevant department. The state, society, schools and families shall educate and help minors to safeguard their lawful rights and interests, enhance their consciousness and capacities of protecting themselves, and enhance their sense of social responsibility. Article 7 State organs at the central level and local levels shall, within the scope of their respective duties, do good jobs in the protection of minors. The state Council and the local people's governments at all levels shall lead relevant departments to do a good job in protection of protection of minors; include the work of protection of minors into the national economic and social development planning and the annual plans, and include the relevant expenses into the budget of the governments at their respective levels. The State Council and the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government shall adopt organizational measures, and coordinate the relevant departments in doing a good job in the protection of minors. The specific institutions shall be prescribed by the State Council and the people¡¯s government of each province, autonomous region, or municipality directly under the Central Government. Article 8 The Communist Youth League organs, women¡¯s federations, trade unions, youth federations, students' federations, young pioneers' organizations and other social organizations shall assist the people¡¯s governments at all levels in doing a good job in the protection of minors and safeguarding the lawful rights and interests of minors. Article 9 The people's governments at all levels and the departments concerned shall commend and award the organizations and individuals that have made prominent achievements in the protection of minors. Chapter II Protection by the Family Article 10 Parents or other guardians shall create a good and harmonious family environment, as well as fulfill their guardianship duties and fosterage obligations to minors according to law. It is prohibited to commit family violence against minors, or to maltreat or forsake minors. Infanticide and other acts of cruelly killing infants shall be prohibited. No one shall discriminate against female or handicapped minors. Article 11 Parents or other guardians shall pay attention to minors' physiological and psychological conditions as well as their conducts and habits, cultivate and influence the minors in respect of healthy ideology, good morality and proper methods, guide minors to carry out activities that are conducive to their physical and mental health, prevent and stop minors from smoking, excessively drinking, living a vagrant life, being indulgent with network, gambling, taking drugs, or prostitution, etc. Article 12 Parents or other guardians shall be equipped with family education knowledge, correctly perform guardianship duties, foster and educate minors. The relevant state organs and social organizations shall provide minors' parents or other guardians with guidance on family education. Article 13 Parents or other guardians shall respect the minors' right to receive education, must ensure the minors of school age to go to school so as to accept and complete compulsory education, and shall not discontinue the schooling of the minors who shall receive compulsory education at school. Article 14 A parent or other guardian shall, when making a decision relevant to a minor's rights and interests on the basis of the minor's age and intellect development status, tell the minor himself, and listen to his opinions. Article 15 The parents or other guardians may not permit or force minors to marry, nor may they undertake an engagement for the minors. Article 16 Where a parent is unable to perform his guardianship duties to a minor because of leaving his hometown to work or due to other reasons, he shall entrust another adult with the capacity of guardianship to guard the minor on his behalf. Chapter III Protection by the School Article 17 Schools shall implement the state's guideline for education in an all-round way, practice caliber-oriented education, improve the quality of education, pay attention to cultivating minor students' independent elaborative faculties, innovation capacities and practice capacities, and promote minor students to develop in an all-round way. Article 18 Schools shall respect minor students' right to receive education, show concern for and take good care of the students; with respect to the students who have shortcomings in conduct or difficulties in study, the school shall give patient education and help, may not discriminate against them, and shall not expel any minor student by violating any law or legal provision of the state. Article 19 Schools shall, according to the physical and mental development features of minor students, provide minors with social life guidance, psychological health tutorship and adolescence education. Article 20 Schools shall cooperate with the parents or other guardians of minor students in ensuring minor students' hours of sleep, recreation and physical trainings, and shall not aggravate their burdens of study. Article 21 The teaching and administrative staff in schools, kindergartens and nurseries shall respect the personality and dignity of minors, and may not commit corporal punishment either directly or in disguised forms against minors, or commit any other act that humiliates the personality and dignity of minors. Article 22 Schools, kindergartens and nurseries shall establish a safety system, strengthen the safety education for minors, and take measures to guarantee the personal safety of minors. Schools, kindergartens or nurseries may not carry out education or teaching activities in school buildings or in other facilities and sites that endanger the personal safety or health of minors. Collective activities organized by schools and kindergartens for minors, such as taking part in gatherings, recreational activities and social practices, shall be conducive to the healthy growth of minors; and accidents endangering personal safety shall be prevented. Article 23 The education administrative departments, schools, kindergartens and nurseries shall, when so required, formulate plans on responding to various emergencies such as disasters, infectious diseases, food poisoning, unexpected injuries, etc., be equipped with corresponding facilities and carry out necessary drillings, so as to enhance minors' consciousness and capacities of self-protection. Article 24 A school shall, when a personal injury accident occurs in an activity of minor students either within the school or in such an activity organized by the school outside, timely rescue the injured, make appropriate treatment, and timely report it to the relevant competent department. Article 25 Schools and the parents or other guardians shall cooperate with each other to control and educate the minor students who receive education in schools but have committed seriously bad acts; if they are unable to control and educate such minor students or their control and education fail to be effective, they may send such minor students to special schools according to relevant legal provisions for continuing their education. A local people's government that establishes special schools according to law shall guarantee the conditions for running the special schools. The education administrative department shall strengthen the administration and guidance of the special schools, and the relevant departments shall provide assistance and cooperation. A special school shall conduct ideological, cultural, disciplinary, legal, labor skill, and occupational education for the minor students who study in the school. The teaching and administrative staff of special schools shall show concern to, cherish and respect students, instead of discriminating against, detest or reject them. Article 26 Kindergartens shall do a good job in nursing care and education, and promote the infants to develop harmoniously in respect of physical strength, intellect and morality, etc. Chapter IV Protection by the Society Article 27 The whole society shall establish a good atmosphere of respecting, protecting and educating minors, take care of and cherish minors. The state shall encourage social organizations, enterprises, public institutions and other organizations and individuals to carry out various forms of social activities that are conducive to the healthy growth of minors. Article 28 The people's governments at all levels shall guarantee minors' right to receive education, and take measures to guarantee the minors whose families have economic difficulties or who are disabled and the minors among floating population to receive compulsory education. Article 29 The people's governments at all levels shall establish and improve activity sites and facilities meeting the needs in minors' cultural lives, encourage private sectors to establish activity sites suitable for minors, and strengthen the administration. Article 30 Patriotism education bases, libraries, youth and children's palaces and children's activity centers shall be open to minors free of charge. Museums, memorial halls, scientific and technological centers, exhibition halls, art galleries, cultural centers, cinemas, theatres, stadiums, gymnasiums, zoos, parks and other similar sites shall be open to minors free of charge or at preferential fee rates according to relevant legal provisions. Article 31 The people's governments at the county level or above and their education administrative departments shall take measures to encourage and support elementary and high schools to open cultural and sports facilities to minors during holidays free of charge or at preferential fee rates. The public welfare Internet access service facilities in residential areas shall be open to minors free of charge or at preferential fee rates, and shall provide minors with safe and healthy Internet access services. Article 32 The state shall encourage entities of press, publication, information industry, broadcasting, film and television, art and literature, as well as writers, artists, scientists and other citizens to create or provide works conducive to the healthy growth of minors. The state shall render support to the publishing, production and dissemination of books, newspapers, magazines, audio and video products, electronic publications, and network information, etc. which specially aim at minors. The state encourages scientific research institutions and scientific and technological organizations to carry out scientific knowledge dissemination activities targeted to minors. Article 33 The state shall take measures to prevent minors from being indulgent with network. The state encourages the research and development network products conducive to the healthy growth of minors, and popularize the new technologies used for preventing minors from being indulgent with network. Article 34 Any organization or individual shall be prohibited from selling, leasing, or disseminating by any other means to minors the books, newspapers, magazines, audio and video products, electronic publications, or network information, etc. of pornography, violence, homicide, terror or gambling, etc. that are harmful to minors. Article 35 The food, drugs, toys, utensils and amusement facilities, etc. produced and sold for minors shall meet the national standards or industrial standards, and may not be harmful to the safety or health of minors. If the points for attention need to be indicated, they shall be indicated at an eye-catching position. Article 36 No site unsuitable for minors to carry out activities, such as commercial singing and dancing recreation site or Internet access service site, etc. shall be established next to elementary or high schools. No site unsuitable for minors to carry out activities, such as commercial singing and dancing recreation site or Internet access service business site, etc. shall allow minors to enter. The business operator shall set a sign prohibiting minors¡¯ entry at an eye-catching position; or shall, if it is hard to determine whether the customer is an adult, require him to show his identity certificate. Article 37 It is prohibited to sell cigarettes or alcohol to minors, and the business operator shall set a sign of not selling cigarettes or alcohol to minors at an eye-catching position; or shall, if it is hard to determine whether the customer is an adult, require him to show his identity certificate. No one may smoke or drink alcohol in the classroom, dormitory or recreational room of a elementary or high school, kindergarten, nursery, or in any other places where minors gather for activities. Article 38 No organization or individual may hire any minor under the age of sixteen, except as otherwise prescribed by the state. Any organization or individual that recruits minors over the age of sixteen but under eighteen according to relevant provisions of the state shall implement relevant provisions of the state in respect of the types of jobs, working hours, intensity of work and protective measures, etc., and may not assign them to any work or dangerous operation endangering the physical and mental health of minors, which are over-strenuous, poisonous or harmful, etc. Article 39 No organization or individual may disclose the personal privacy of minors. No organization or individual may conceal, destroy or discard the mail, diary or e-mail of any minor, and no organization or individual may open and consult it unless it is so required by the investigation of a crime, wherein the public security organ or the people¡¯s procuratorate may make an inspection, or the parents or other guardians open and consult the mail diary or e-mail of any minor without capacity of conduct on his or her behalf. Article 40 When a school, kindergarten, nursery or public site meets with an emergency, minors shall be rescued in priority. Article 41 It is prohibited to abduct, traffic in, kidnap or maltreat minors, or to commit sexual assault against minors. It is prohibited to coerce, entice or make use of minors to go begging, or to organize minors to carry out the activities such as performances which are harmful to their physical and mental health. Article 42 Public security organs shall take effective measures to maintain the public security and traffic orders next to schools according to law, as well as prevent and stop the illegal or criminal acts which injure the lawful rights and interests of minors. No organization or individual may disturb the teaching order, or encroach upon or destroy the sites, houses or facilities of any school, kindergarten or nursery. Article 43 The people's governments at the county level or above and the civil affairs departments shall, when necessary, establish relief sites to relieve the minors who live a vagrant life and go begging without assured living sources, and assume temporary guardianship duties; the public security departments or other relevant departments shall escort the minors who live a vagrant life and go begging or flee from their homes to the relief sites, and the relief sites shall relieve and take appropriate care of them, and timely notify their parents or other guardians to bring them back. For orphans and the minors whose parents or other guardians cannot be found out, and for other minors having no assured living sources, the welfare organizations for children established by the civil affairs departments shall accept and take care of them. Minor relief institutions, children welfare institutions and their staff shall perform their duties according to law, and shall not maltreat or discriminate against minors; nor may they seek benefits in the work of accepting minors into their fosterage. Article 44 Departments of public health and schools shall provide sanitary, health-care and nutrition guidance to minors, provide them with necessary sanitary and health-care conditions, and do a good job in preventing diseases. Departments of public health shall, in relation to children, do a good job in preventive inoculation, and the preventive inoculation items under state immunity planning shall be offered free of charge; they shall actively prevent common and frequently-occurring diseases among children, strengthen supervision and control over the prevention and treatment of infectious diseases, and strengthen the professional guidance, supervision and inspections of sanitation and health-care work in nurseries and kindergartens. Article 45 The local people's governments at all levels shall actively develop child-care undertakings and strive to run nurseries and kindergartens well, support independent organizations and individuals to establish nursing rooms, nurseries and kindergartens. The people's governments and relevant departments at all levels shall, through various forms, foster and train child-care and teaching staff in nurseries and kindergartens, and enhance their occupational ethics caliber and working capabilities. Article 46 The state shall protect according to law the intellectual achievements and the minors' right to honor of from being injured. Article 47 In respect of minors who have completed the prescribed length of schooling in terms of compulsory education and will not receive education at a higher level, the relevant governmental departments, social organizations, enterprises and institutions shall, in line with the actual conditions, train them in vocational skills and create conditions for their engagement in work or employment. Article 48 Residents¡¯ committees and villagers' committees shall assist relevant departments in educating and redeeming the minors who have broken the law or have committed crimes, prevent and stop the illegal and criminal acts which injure the lawful rights and interests of minors. Article 49 Where a minor¡¯s lawful rights and interests are injured, he and his guardians or other organizations and individuals may have the right to complain to the relevant department, and the relevant department shall timely deal with the matter according to law. Chapter V Judicial Protection Article 50 Public security organs, people¡¯s procuratorates, people's courts and judicial administrative departments shall perform their duties according to law, and protect the lawful rights and interests of minors in judicial activities. Article 51 Where a minor brings a lawsuit to the people¡¯s court according to law when his lawful rights and interests are injured, the people¡¯s court shall try the case timely according to law, and shall, by adapting to the minor¡¯s physiological and psychological features and the needs in his healthy growth, safeguard the minor¡¯s lawful rights and interests. To the minors who need legal aid or judicial relief in judicial activities, the legal aid institutions or the people¡¯s courts shall assist them in this regard, and provide them with legal aid or judicial relief according to law. Article 52 The people's courts shall, in handling cases concerning inheritance, protect the minors¡¯ right of inheritance and right to receive bequeathment according to law. In handling a case of divorce, if a dispute arises between the two parties concerned over the fosterage of their minor child, the people's court shall listen to the opinions of the minor child if he is capable of expressing his will, and deal with the matter according to the principle of safeguarding the rights and interests of the child and in light of the specific conditions of the two parties concerned. Article 53 Where a parent or other guardian does not perform his/her guardianship duties or injures the lawful rights and interests of the minor under his/her guardianship, and fails to make a correction after being educated, the people¡¯s court may, upon application of the relevant person or entity, disqualify him/her from the guardianship, and designate another guardian according to law. The parents who have been disqualified from guardianship shall continue bearing the fosterage expenses according to law. Article 54 To the minors who have broken the law or committed crimes, the guidelines of education, persuasion and redemption shall apply, and the principle of taking education as the main method and punishment as the subsidiary shall be adhered to. The minors who have the broken law or have committed crimes shall be given lighter, mitigated penalties or be exempted from penalties according to law. Article 55 Public security organs, people's procuratorates and people¡¯s courts shall, in dealing with cases involving crimes committed by minors and cases involving protection of the rights and interests of minors, take their physical and mental features into consideration, respect their personality and dignity, safeguard their lawful rights and interests, and may, when necessary, set up special organs or designate special persons to handle such cases. Article 56 A public security organ or people¡¯s procuratorate shall, when interrogating a minor criminal suspect or inquiring a minor witness or the victim, notify the guardians to be on the spot. Public security organs, people's procuratorates and people¡¯s courts shall, when handling criminal cases on sexual assaults against minors, protect the reputation of the victims. Article 57 The minors who are under custody or are serving a sentence shall be locked up separately from adults. Where the minors who are under custody or are serving a sentence have not completed compulsory education, compulsory education shall be offered to them. The minors who have been released from custody or have completed their sentence shall not be discriminated against in their resumption of study, entry into a higher school or employment. Article 58 In the event of a case on a crime committed by a minor, the news report, film or radio program, public publication, or website, etc. shall not disclose the minor¡¯s name, domicile, photos, images, and other materials from which the minor might be deduced. Article 59 The correction and cure of minors' serious bad acts and the prevention of their criminal acts shall be governed by the law on the prevention of juvenile delinquency. Chapter VI Legal Liabilities Article 60 Whoever violates any provision in the present Law by injuring the lawful rights and interests of a minor, the administrative penalties prescribed in other laws and regulations, if any, shall be given; if any personal or property loss or other damage is caused, he shall bear civil liabilities according to law; if any crime is constituted, he shall be subject to criminal liabilities according to law. Article 61 Where a state organ or any of its staff members fails to perform its/his duties of protecting the lawful rights and interests of minors according to law, injures the lawful rights and interests of minors, or retaliate against those who make complaints, charges or tip-offs, it/he shall be ordered by the superior organ or the entity for which he works to make a correction, while the directly responsible person-in-charge and other persons held directly liable shall be given administrative sanction according to law. Article 62 Where a parent or other guardian fails to perform his guardianship duties according to law, or injures the lawful rights and interests of any minor, he shall be exhorted to perform the duties or be stopped from doing so by the entity where he works, by the residents¡¯ committee, or by the villagers' committee; if his acts constitute a violation of the public security administration, he shall be given administrative penalties by the public security organ according to law. Article 63 Where a school, kindergarten or nursery injures the lawful rights and interests of any minor, it shall be ordered by the education administrative department or other relevant department to make a correction; if the circumstance is serious, the directly responsible person-in-charge and other persons held directly liable shall be given sanctions according to law. Where any of the teaching or administrative staff members in a school, kindergarten or nursery imposes any corporal punishment either directly or in disguised forms upon any minor or commits other acts of insulting personality to minors, he shall be ordered by the entity where he works or the superior organ to make a correction; if the circumstance is serious, he shall be given sanctions according to law. Article 64 Whoever makes or sells, leases or disseminates by any other means to minors books, newspapers, magazines, audio and video products, electronic publications or network information, etc. of pornography, violence, homicide, terror or gambling, etc. shall be ordered by the competent department to make a correction, and be given administrative penalties according to law. Article 65 Whoever produces or sells food, drugs, toys, utensils and amusement facilities, etc. for minors, which fail to meet the national standards or industrial standards, or fails to indicate the points for attention at an eye-catching position, shall be ordered by the competent department to make a correction, and be given administrative penalties according to law. Article 66 Where anyone establishes a site unsuitable for minors' activities such as a commercial singing and dancing recreation site or an Internet access service business site next to an elementary or high school, such a site shall be closed up by the competent department, and the establisher shall be given administrative penalties according to law. Where a place unsuitable for minors to participate in the activities therein such as a commercial singing and dancing recreation site or Internet access service business site permits minors to enter, or does not set a sign prohibiting minors' entry at an eye-catching position, it shall be ordered by the competent department to make a correction, and shall be given administrative penalties according to law. Article 67 Whoever sells cigarettes or alcohol to minors, or fails to set a sign of not selling cigarettes or alcohol to minors at an eye-catching position, shall be ordered by the competent department to make a correction, and be given administrative penalties according to law. Article 68 Whoever illegally hires any minor who has not reached the age of sixteen, or hires any minor above the age of sixteen and assigns him to any work or dangerous operation endangering the physical and mental health of minors, which are over-strenuous, poisonous or harmful, shall be ordered by the relevant labor and social security department to make a correction, and be given a fine; if the circumstance is serious, its business license shall be revoked by the relevant administrative departments for industry and commerce. Article 69 Where anyone injures a minor¡¯s privacy, and his acts constitute a violation of public security administration, he shall be given administrative penalties by the public security organ according to law. Article 70 Where a minor relief institution, a children welfare institution or any of its staff members fails to perform the relief and protection duties to minors according to law, or maltreats or discriminates against minors, or seeks benefits in handling the work of accepting minors into its/his fosterage, it/he shall be ordered by the competent department to make a correction, and be given administrative sanctions according to law. Article 71 Whoever coerces, entices or makes use of minors to go begging, or organizes minors to carry out performances or other activities which are harmful to their physical and mental health shall be given administrative penalties by the public security organ according to law. Chapter VII Supplementary Provisions Article 72 The present Law shall come into force on June 1, 2007. |
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