ããArticle 1 This Law is enacted in accordance with 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
successors to the socialist cause with lofty ideals, sound morality, better
education and a good sense of discipline.
ããArticle 3 The State, society, schools and families shall educate minors in
ideals, morality, culture, discipline and legal system as well as in
patriotism, collectivism, internationalism and communism, foster among them
the social ethics of loving the motherland, the people, labour, science and
socialism, and fight against the corrosive influences of bourgeois, feudal
and other decadent ideologies.
ããTo protect minors is the common responsibility of State organs, armed
forces, political parties, social organizations, enterprises and
institutions, self-governing organizations of mass character at grass- roots
levels in urban and rural areas, guardians of minors and other adult
ããAny organization or individual shall have the right to dissuade or stop
any act encroaching upon the lawful rights and interests of minors, or
report to or complain before a department concerned thereagainst.
ããThe State Council and the people's governments of the provinces,
autonomous regions and municipalities directly under the Central Government
shall adopt organizational measures according to needs to coordinate the
departments concerned in their efforts to ensure the protection of minors.
ããThe 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 various
levels in ensuring the protection of minors and safeguarding their lawful
rights and interests.
ããArticle 7 The people's governments at various levels and departments
concerned shall give awards to organizations and individuals that have made
outstanding achievements in the protection of minors.
ããArticle 8 The parents or other guardians of minors shall fulfil their
responsibility of guardianship and their obligations according to law to
bring up the minors. They shall not maltreat or forsake the minors, nor
shall they discriminate against female or handicapped minors. Infanticide
and infant-abandoning shall be forbidden.
ããArticle 9 The parents or other guardians of minors shall respect the
minors' right to receive education, must ensure to the minors of school age
the compulsory education as provided by relevant regulations, and shall not
make minors receiving compulsory education at school discontinue their
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ããArticle 10 The parents or other guardians of minors shall cultivate the
minors in sound ideology and conduct by appropriate methods, guide them to
undertake activities that are conducive to their physical and mental
development, prevent and stop them from smoking, excessive drinking, leading
a vagrant life, gambling, drug-taking or prostitution.
ããArticle 11 The parents or other guardians of minors may not permit or
force the minors to marry, nor may they undertake an engagement for the
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ããArticle 12 The parents or other guardians of minors who refuse to perform
their duties as guardians or encroach upon the lawful rights and interests
of the minors under their guardianship shall bear the responsibility
therefor according to law.
ããWhere the parents or other guardians of minors commit any act specified in
the preceding paragraph and refuse to mend their ways after education, the
people's court may, upon application by the person(s) or unit(s) concerned,
disqualify them as guardians and designate guardians anew in accordance with
the provisions in Article 16 of the General Principles of the Civil Law.
ããArticle 13 Schools shall comprehensively implement the State policy for
education and conduct moral, intellectual, physical, aesthetic and labour
education among the minor students, and give them guidance in social life as
well as education in puberty knowledge.
ããSchools shall show concern for and take good care of the minor students;
with respect to those who have shortcomings in conduct or difficulties in
study, schools shall give patient education and help, and may not
discriminate against them.
ããArticle 14 Schools shall respect the minor students' right to receive
education and may not arbitrarily expel any minor students from schools.
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ããArticle 15 Teaching and administrative staff in schools and kindergartens
shall respect the personal dignity of the minors, and may not enforce
corporal punishment or corporal punishment in disguised forms, or any other
act that humiliates the personal dignity of the minors.
ããArticle 16 Schools may not let the minor students engage in any activity
in school buildings or in any other educational and teaching facilities that
are dangerous to their personal safety and health.
ããArticle 17 Collective activities organized by schools and kindergartens
for minor students and children, such as taking part in rallies,
recreational activities and social practices, shall be conductive to the
sound growth of minors; accidents endangering personal safety shall be
ããArticle 18 In respect of minors who are sent to work-and-study schools to
receive compulsory education pursuant to relevant regulations of the State,
the work-and-study schools shall conduct among such minors ideological,
cultural, labour skill and vocational education.
ããArticle 20 The State shall encourage social organizations, enterprises,
institutions and other organizations and citizens to hold various forms of
social activities that are conducive to the sound growth of minors.
ããArticle 22 Museums, memorial halls, scientific and technological centres,
cultural centres, cinemas and theatres, stadiums and gymnasiums, zoos, parks
and other similar places shall be open to secondary school students and
primary school pupils on preferential basis.
ããArticle 23 In respect of places, such as commercial dancing halls that are
not appropriate for minors to take part in the activities therein, the
competent departments and business managers shall take measures to ensure
that no admission shall be given to minors.
ããArticle 24 The State shall encourage units of the press, publication,
broadcasting, film and television, art and literature, as well as writers,
scientists, artists and other citizens to create or provide works beneficial
to the sound growth of minors. The State shall render support to the
publication of books, newspapers, magazines and audio- visual products
specially catering to minors.
ããArticle 25 It shall be strictly prohibited for any organization or
individual to sell, rent, or disseminate by any other means to minors,
books, newspapers, magazines or audio-visual products of pornography,
violence, wanton killing and terror that are pernicious to minors.
ããArticle 27 No person may smoke in the classrooms, dormitories and
recreational rooms of secondary and primary schools, kindergartens, as well
as any other indoor places where minors gather for activities.
ããAny organization or individual that recruits according to relevant
regulations of the State minors over the age of sixteen but under eighteen
shall, in respect of the types of jobs, duration of time and intensity of
labour as well as protective measures, follow the relevant regulations of
the State and may not assign them to any overstrenuous, poisonous or harmful
labour or any dangerous operation.
ããArticle 29 In respect of minors who wander about and go begging or those
who flee from their homes, the civil affairs departments or other
departments concerned shall take the responsibility to send them back to
their parents or other guardians; with regard to those whose parents or
guardians cannot be ascertained for the time being, the welfare
organizations for children established by the civil affairs departments
shall accept and take care of them.
ããArticle 31 No organization or individual may conceal, destroy or discard
mail of any minor. Except when the inspection of mail in accordance with
legal procedures by the public security organs or the people's
procuratorates is necessary for the investigation of a criminal offence, or
when the opening of mail of a minor without capacity is done on his or her
behalf by the parents or other guardians, no organization or individual may
open mail of any minor.
ããArticle 33 Local people's governments at various levels shall make efforts
to develop child-care undertakings and strive to run nurseries and
kindergartens well, encourage and support State organs, social
organizations, enterprises and institutions as well as other sectors of
society to establish nursing rooms, nurseries and kindergartens, advocate
and support the establishment of household nurseries.
ããArticle 34 Departments of public health shall, in relation to children,
establish a preventive inoculation certificate system, make efforts to
prevent common and frequently-occurring diseases among children, strengthen
supervision and control over the prevention and treatment of infectious
diseases and give more effective professional guidance to sanitation and
health-care work in nurseries and kindergartens.
ããArticle 35 People's governments at various levels and departments
concerned shall, through various forms, foster and train child-care and
teaching staff in nurseries and kindergartens, and strengthen political,
ideological and professional education thereto.
ããArticle 37 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 labour or employment.
ããArticle 38 In respect of delinquent minors, the policy of education,
persuasion and redemption shall be implemented and the principle of taking
education as the main method and punishment as the subsidiary shall be
ããArticle 39 In respect of minors reaching the age of fourteen who have
committed crimes but are not subject to criminal punishment because they
have not yet reached the age of sixteen, their parents or other guardians
shall be ordered to subject them to discipline; when necessary, such minors
may also be taken in for rehabilitation by the government.
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ããArticle 40 Public security organs, people's procuratorates and people's
courts shall, in dealing with cases involving crimes committed by minors,
take their physical and mental characteristics into consideration, and may,
in line with needs, set up special organs or designate special persons to
handle such cases.
ããPublic security organs, people's procuratorates, people's courts and
reformatories for juvenile delinquents shall respect the personal dignity of
the delinquent minors and safeguard their lawful rights and interests.
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ããArticle 41 Public security organs, people's procuratorates and people's
courts shall guard minors under custody, pending trial, separately from
adults under custody.
ããArticle 42 All cases involving crimes committed by minors over fourteen
years old but under sixteen shall not be tried publicly. Cases involving
crimes committed by minors over sixteen years old but under eighteen shall,
in general, not be tried publicly.
ããWith regard to cases involving crimes committed by minors, the names, home
addresses and photos of such minors as well as other information which can
be used to deduce who they are, may not be disclosed, before the judgment,
in news reports, films, TV programmes and in any other openly circulated
ããArticle 43 The families, schools and other units concerned shall
coordinate, in educating and redeeming the delinquent minors, with the
reformatories for juvenile delinquents and other similar units where the
delinquent minors are held.
ããArticle 44 Minors who are exempt from prosecution by the people's
procuratorates, from criminal punishment by the people's courts, or the
execution of whose sentence is announced suspended by the people's court,
and minors who have been released from reformatory custody or have served
their terms of imprisonment shall not be discriminated against in respect of
resuming schooling, entering a higher school or employment.
ããIn handling cases of divorce, if disputes arise between the two parties
concerned over the support of the minor child or children and no agreement
can be reached, the people's courts shall make judgment in accordance with
the principle of safeguarding the rights and interests of the child or
children and in light of the specific conditions of the two parties
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ããArticle 46 Where the lawful rights and interests of a minor is infringed,
the infringed or his or her guardians shall have the right to request the
department concerned to deal with the matter or bring a suit in a people's
court according to law.
ããArticle 47 Whoever has encroached upon the lawful rights and interests of
a minor and caused him or her losses in property or other losses or harms
shall compensate for the losses or bear other civil liabilities according to
ããArticle 48 Where teaching and administrative staff in schools, nurseries
or kindergartens subject minor students or children to corporal punishment
or corporal punishment in disguised forms, and if the circumstances are
serious, disciplinary sanctions shall be given by their units or the
authorities at higher levels.
ããArticle 49 Where enterprises, institutions or individual industrialists
and businessmen illegally hire minors who have not reached the age of
sixteen, the relevant labour departments shall order such units or
individuals to make corrections and shall impose fines on them; if the
circumstances are serious, the relevant administrative departments for
industry and commerce shall revoke their business licenses.
ããArticle 50 Where commercial dancing halls or other similar places not
appropriate for minors to participate in the activities therein give
admission to minors, the competent departments shall order such units to
make corrections, and may impose fines on them.
ããArticle 51 Whoever sells, rents or disseminates by any other means to
minors pornographic books, newspapers, magazines or audio-visual products
shall be given heavier punishment according to law.
ããJudicial personnel who, in violation of the rules or regulations on prison
management, subject imprisoned minors to corporal punishment or
maltreatment, shall be investigated for criminal responsibility in
accordance with the provisions in Article 189 of the Criminal Law.
ããWhere a person has the obligation to support a minor but refuses to do so,
and if the circumstances are flagrant, criminal responsibility shall be
investigated in accordance with the provisions in Article 183 of the
ããWhoever, while fully aware of the school buildings being in danger of
collapse, does not take any measures, thus resulting in the collapse of the
said buildings and causing injuries or death, shall be investigated for
criminal responsibility in accordance with the provisions in Article 187 of
the Criminal Law.
ããArticle 54 A party concerned, if not satisfied with the decision on
administrative sanctions made according to this Law, may first apply for
reconsideration to an administrative organ at a higher level or to an
administrative organ prescribed by relevant laws or regulations. If still
not satisfied with the reconsideration decision, the party may bring a suit
in a people's court. The party may also directly bring a suit in a people's
court. Where the relevant laws or regulations prescribe that the party
concerned shall first apply to the administrative organ for reconsideration,
and, if not satisfied with the reconsideration decision, then bring a suit
in a people's court, such laws or regulations shall be complied with.
ããIf a party, within the prescribed period, neither applies for
reconsideration of the decision on administrative sanctions, nor brings a
suit in a people's court, nor complies with the decision, the organ which
has made the punitive decision may either apply to a people's court for
compulsory execution, or enforce the decision according to law.
ããArticle 55 Departments concerned under the State Council may formulate on
the basis of this Law relevant regulations, which shall be submitted to the
State Council for approval before implementation.
ããThe standing committees of the people's congresses of the provinces,
autonomous regions and municipalities directly under the Central Government
may, on the basis of this Law, formulate measures for implementation.