Standing Committee Of The National People's Congress On Revising The People's Republic Of China Decision Of The Prevention Of Juvenile Delinquency Act

Original Language Title: 全国人民代表大会常务委员会关于修改《中华人民共和国预防未成年人犯罪法》的决定

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Standing Committee of the national people's Congress on revising the People's Republic of China decision of the prevention of juvenile delinquency Act

(October 26, 2012 adopted by the 29th session of the Standing Committee of the 11th NPC on October 26, 2012 People's Republic of China presidential order promulgated as of January 1, 2013, 66th), the 29th meeting of the Standing Committee of the 11th NPC decision on the People's Republic of China juvenile delinquency prevention Act read as follows: 45th article is revised as follows: "for the trial of criminal cases when a defendant under the age of 18, not heard in public.



This decision shall enter into force on January 1, 2013.

People's Republic of China juvenile delinquency prevention Act be revised according to this decision, republished. Attachment: People's Republic of China on prevention of juvenile delinquency Act 2013 (revised) (June 28, 1999, adopted by the tenth session of the Standing Committee of the Ninth NPC on June 28, 1999, People's Republic of China presidential order announced effective as of November 1, 1999 October 26, 2012, 11th, 17th session of the Standing Committee of the national people's Congress adopted at the 29th session

On October 26, 2012 People's Republic of China promulgated as of January 1, 2013, 66th President of the Standing Committee of the national people's Congress to amend of People's Republic of China decision on the prevention of juvenile delinquency Act amended)

Directory

Chapter I General provisions chapter II of juvenile delinquency prevention education

Chapter III prevention of misconduct against minors

The fourth chapter of serious misconduct to the minor correction

Fifth chapter of minors to crime protect oneself

The sixth chapter of the juvenile recidivism prevention

The seventh chapter legal liability

The eighth chapter by-laws chapter I General provisions

First in order to protect the minors ' physical and mental health, cultivate good behaviour of minors, effective prevention of juvenile delinquency, this law is enacted.

Article on prevention of juvenile delinquency, based on the education and protection, from childhood, the bad behavior of minors prevention and treatment in a timely manner.

Juvenile crime prevention article III, led by the people's Governments at all levels, in a comprehensive way.

The relevant government departments, judicial organs, mass organizations, social groups, schools, families, urban neighborhood committees and rural villagers ' committees in areas such as participation, accountability and preventing juvenile delinquency, and created a good social environment for the minors ' physical and mental health.

Part IV responsibilities for Governments at all levels in the prevention of juvenile delinquency are:

(A) developing programmes to prevent juvenile delinquency;

(B) organizing and coordinating public security, education, culture, press, publishing, broadcasting, film, television, commercial, civil, judicial administration and other relevant government departments and other community organizations for prevention of juvenile delinquency;

(C) the implementation of this law and the implementation of the work plan for inspection;

(D) summary of experience, promoting the prevention of juvenile delinquency, set, advanced recognition of typical.

The fifth juvenile crime prevention, should be combined with the physiological and psychological characteristics of juvenile age, strengthen adolescent education, psychological treatment and research on crime prevention strategies.

Chapter II preventive education of juvenile delinquency Article sixth of minors should strengthen ideological, moral, legal and education of patriotism, collectivism and socialism.

For minors under the compulsory school age, in conducting the education at the same time, crime prevention education should be carried out.

The purpose of juvenile delinquency prevention education, is to enhance the concept of minors, make minors illegal and criminal acts of individual, family, social harm, shall bear legal responsibility for illegal and criminal acts, establish a sense of law and prevention of crime.

The seventh administrative departments of education, school crime prevention education should be part of school education as a part of legal education teaching plan, combined with the more common minor crime, minors of different ages targeted crime prevention education.

Article Department of judicial administration, educational administration, the Communist Youth League, young pioneers should be practical, organizing and holding exhibitions, conferences, lectures and other forms of publicity activities to prevent juvenile delinquency. Schools organized to prevent juvenile delinquency should be combined with the actual activities of the education as the main content.

Education Administrative Department for the prevention of juvenile delinquency the work as an important part of the examination schools of. The Nineth schools shall appoint full-time or part-time teachers engaged in legal education.

Schools under conditions that would employ outside legal counselor. Article tenth of minors by parents or other guardians directly responsible for legal education of minors. 

When school crime prevention education for students, education programs should be informed of minors ' parents or other guardians, the minor's parents or other guardians should be combined with the school's plans, education for specific situations.

The 11th children's palaces, youth centres and other extracurricular activities should include prevention of juvenile delinquency as an important element of education, carry out various forms of publicity and education activities.

12th who have reached the age of 16, minors under the age of 18 for work, vocational education and training institutions, employers should be knowledge of the law and crime prevention education into vocational training content.

13th urban neighborhood committees and rural villagers ' committees should be actively carried out targeted publicity activities to prevent juvenile delinquency.

Chapter III prevention of misconduct against minors

14th minors ' parents or other guardians and schools shall educate minors shall not have the following bad behaviour: (a) absenteeism, night without end;

(B) carrying knives;

(C) fighting, insulting people (iv) forced to charge other property;

(E) theft, vandalism;

(Vi) participation in gambling or gambling in disguise;

(G) the viewing, listening to obscene, pornographic videos, books etc;

(VIII) into laws and regulations not appropriate for minors to enter the commercial dance halls and other places;

(IX) other serious breach of public morality's bad behavior. 15th minors ' parents or other guardians and schools shall educate minors may not be smoking, drinking too much.

Any business establishments selling alcohol and tobacco to minors.

16th truancy of pupils in schools should promptly get in touch with their parents or other guardians. Minors off unannounced night without a home, their parents or other guardians, their boarding schools should promptly look up, or to the police for help.

Take in minors does not end at night, shall obtain the consent of their parent or guardian's consent, or within 24 hours of inform the parents or other guardians, school or to report to the public security organs in a timely manner. 17th minors ' parents or other guardians and minors found organizing or participating in the implementation of the school gang of bad behavior should be stopped in time.

Finds the gang crimes, should report to the public security organs. 18th minors ' parents or other guardians and the school found he instigates, coerces, inducing minors to commit crimes shall be reported to the public security organs.

Public security authorities after receiving the report, shall promptly investigate and punish, minors ' personal safety is at risk, it shall promptly take effective measures to protect their personal safety.

19th minors ' parents or other guardians, shall not be less than 16 years of age the guardianship of minors from living alone.

20th minors ' parents or other guardians of minors shall not be left unchecked, may be compelled to run away from home, give up the duties of guardianship.

Runaway minors, their parents or other guardians should promptly find, or to the police for help.

Article 21st of the minor's parents divorced, divorced, both children have educational obligations, neither the ground of divorce without the obligation to educate their children.

22nd stepparents, adoptive parents to bring up and educate the minor step-child, foster child, shall perform the provisions of this law, parents of minor children in the area of crime prevention duties.

23rd school for bad behaviour of minors should strengthen the education, management, without discrimination.

24th the administrative departments of education, schools shall organize various forms of lectures, seminars, training and other activities, physiological and psychological characteristics in different periods for minors on good effective teaching methods, teachers, minors, parents and other guardians to prevent and correct the bad behavior of the minor.

The 25th he instigates, coerces, inducing a minor bad behavior or conduct is bad, bad, not suitable for staff working at the school, the administrative departments of education, schools should be dismissed or laid off constitutes a crime, criminal responsibility shall be investigated according to law. 26th is prohibited in the nearby primary and middle schools to offer commercial dance halls, commercial video game sites and other places not appropriate for minors to enter.  

 Ban offered in these establishments is determined by provincial, autonomous regional and municipal people's Government.

Prior to the implementation of this law has been in the vicinity of schools offered in these establishments should be within a migration or go out of business. 27th public security organs should strengthen security management in primary and middle schools in the surrounding environment, stop him in time, of the primary and secondary schools around the illegal and criminal acts.

Urban neighborhood committees and rural villagers ' committees shall assist in the work of public security organs to maintain security around the schools. 28th police stations, urban neighborhood committees and rural villagers ' committees should have temporary resident population within their respective jurisdictions of minors in education and employment situation.

For transient population of minor misconduct, should push for effective education, their parents or other guardians stopped.

29th person shall he instigates, coerces, inducing a minor bad behavior by the provisions of this law, or provide conditions for minor misbehavior.

Article 30th publications targeted to minors shall not contain cause juvenile delinquency shall not contain violence, pornography, gambling, terrorist acts against the physical and mental health of minors.

31st no unit or individual is allowed to minors for sale, lease-induced juvenile delinquency as well as violence, pornography, gambling, terrorist acts against minors, such as physical and mental health of books, audio and video products and electronic publications.

No unit or individual may make use of communication, computer network provides, inter alia, the provisions of the preceding paragraph against the contents of the physical and mental health of minors and its information.

32nd on radio, film, television, theatre programmes, without violence, pornography, gambling, terrorist acts against the physical and mental health of minors.

Radio, film and television administration, cultural administrative departments must strengthen the broadcasting, film, television, theatre, and various Studio premises management.

33rd commercial dance halls and other minors not suitable to enter places, should be obvious minors prohibited access flag is set not to allow minors to enter.

Commercial video game places on national holidays, shall not allow minors to enter and should be obvious minors prohibited access flag is set.

It is difficult to determine whether adult, places of these staff may be required to show identification.

The fourth chapter of serious misconduct to the minor correction

34th article of the law, the term "serious misconduct", refers to the following serious harm to society, not serious enough for criminal punishment of violations:

(A) mustered another gang trouble and disturb public order;

(B) carrying knives, incorrigible;

(Iii) intercept assault others or ask for other people's property by force several times;

(D) the dissemination of obscene books or audio-visual products;

(E) sexual immorality, prostitution or pornography activities;

(F) repeatedly stolen;

(VII) participation in gambling, incorrigible;

(VIII) drug ingestion or injection;

(IX) other serious antisocial behavior.

Article 35th of minor serious misconduct under this Act, it shall be stopped.

To provisions of this law, serious misconduct of minors, their parents or other guardians and schools should cooperate, take measures to strict discipline, can also be sent to reform school for treatment and for education.

Sent to reform school for treatment and for education to minors, by their parents or other guardians, apply or the school, approved by the administrative departments of education. Article 36th of the same reform school for minors should be strict administration and education.

Work except in accordance with the requirements of the compulsory education law, in the curricula of schools and the same, but should strengthen legal education content, minors of serious misconduct causes of serious undesirable behaviors and mental characteristics of minors and correction work. Should be concerned about the family, the school, care in reform schools minors, respect for their dignity, not physical, abuse and discrimination.

Reform school in areas such as education, employment of minors, with the ordinary school students enjoy the same rights, no unit or individual shall not be discriminated against. 37th minors of the Act provides for serious misconduct, activities contravening public security management, the public security organs shall be punishment.

Under the age of 14 or a particularly minor exemption from punishment, he may be admonished.

Article 38th of minors under 16 years of age are not criminal penalties, shall be ordered to his parents or other guardians of strict discipline; when necessary, or by the Government according to law for reeducation.

During the 39th in the reeducation of minors, the executive authorities shall guarantee its continued access to cultural knowledge, legal knowledge or technical and vocational education; for minors who have not completed compulsory education, the executive organ shall ensure that it continues to receive compulsory education.

Dissolution of reeducation, rehabilitation of minors, in schooling, further education, employment and so on with other minors enjoy equal rights, no unit or individual shall not be discriminated against.

Fifth chapter of minors to crime protect oneself

40th minors shall comply with laws, regulations and public ethics, establish a sense of self-esteem, self-discipline, self-improvement, enhanced ability to tell right from wrong and to protect themselves and resist the lure of bad behavior and criminal acts and violations. 41st abandoned by parents or other guardians of minors, abuse, right to public security, civil affairs departments, the Communist Youth League, women's Federation, the protection of minors organization or school, urban neighborhood committees and rural villagers ' committees for protection.

Requested shall accept all of these departments and organizations, measures need to be taken according to the circumstances, should first take rescue measures. 42nd minors found to be for yourself or other minor provisions of chapter III of this Act shall not be implemented or criminal acts, through school, their parents or other guardians to report to the public security organ or the relevant government departments, can also report to these agencies.

Accept reporting authorities shall promptly investigate and punish.

Article 43rd with crime fighting, as well as reporting of crime by minors, justice, school, social protection should be strengthened to protect them from retaliation.

The sixth chapter of the juvenile recidivism prevention

44th minors held criminally responsible on crime, the implementation of education, persuasion and redemption policy, adhere to the principles of education, punishment as a supplement.

Judicial organs in handling juvenile criminal cases shall guarantee minors to exercise their litigation rights, protection of minors legal help, and according to the physiological and psychological characteristics of minors and crime, legal education in a targeted manner.

For minor students subject to criminal compulsory measures, in the Court's decision pending the entry into force, the student shall not be cancelled.

45th judicial criminal cases of juvenile delinquency shall be familiar with the physical and mental characteristics of minors judges through a juvenile court or judge and people's assessors in accordance with law.

For the trial of criminal cases when a defendant under the age of 18, not heard in public.

Cases of juvenile delinquency, news reports, television programmes, publications shall not disclose any of the minor's name, residence, photos and information possible to infer the minors. Article 46th on the detention, arrest and execution of sentences minors should be held separately from adults and management education, respectively. Juvenile offenders while in the execution of criminal punishments, the executive authorities should strengthen legal education for juvenile offenders, and vocational and technical education for juvenile offenders.

Do not complete compulsory education for juvenile offenders, the executive organ shall ensure that it continues to receive compulsory education.

47th minors ' parents or other guardians and school, urban neighborhood committees and rural villagers ' committees, the result of 16 years of age and is not criminal penalties, minors exempted from criminal punishment, or sentenced to non-custodial sentence, and parole by sentence suspended, being minors, should take effective measures to help and assist the judiciary to do about minors ' education and work.

Urban neighborhood committees and rural villagers ' committees may appoint a moral good, honest, zealous retired education of minors or other personnel assisting minors prescribed in the preceding paragraph education, save the work.

48th lawfully exempted from criminal punishment, imposition of non-custodial sentences, sentence suspended, probation or a sentence executed minors, in schooling, further education, employment and so on with other minors enjoy equal rights, no unit or individual shall not be discriminated against.

The seventh chapter legal liability

49th minors ' parents or other guardians do not fulfil his duty of guardianship, letting minors prescribed in this law's bad behaviour or serious misconduct by the public security organs of the minors ' parents or other guardians be admonished, ordered to strict discipline.

50th minors ' parents or other guardians in violation of the provisions of article 19th, guardianship of minors under the age of 16 from living alone by the public security organs of the minors ' parents or other guardians be admonished and ordered to immediately correct it.

51st staff of public security organs in violation of the provisions of article 18th, after receiving the report, does not investigate or take effective measures in a timely manner seriously irresponsible, any serious consequences, constitute a crime, criminal responsibility shall be investigated according to law. 52nd article violation this method 30th article of provides, published contains induced minor people illegal crime and rendering violence, and porn, and gambling, and terrorist activities, against minor people physical and mental health content of publications of, by published administrative sector confiscated publications and illegal proceeds, and at illegal proceeds three times times above 10 times times following fine; plot serious of, confiscated publications and illegal proceeds, and ordered closed reorganization or revoked license.

Managers directly responsible and other persons directly responsible for imposing fines.

Making minor publications, copy, disseminate obscene contents, or sells, leasing, dissemination of publications to disseminate obscene contents, punishment by law constitutes a crime, criminal responsibility shall be investigated according to law.

53rd article violation this method 31st article of provides, to minor people sold, and rental contains induced minor people illegal crime and rendering violence, and porn, and gambling, and terrorist activities, against minor people physical and mental health content of books, and audio, and electronic publications of, or using communications, and computer network, way provides above against minor people physical and mental health content and information of, confiscated books, and audio, and electronic publications and illegal proceeds, by Government about competent sector sentenced fine.

Preceding paragraph, confiscating books, audio-visual products, electronic publications and illegal income, and impose a fine, and managers directly responsible and other persons directly responsible for imposing fines. 54th Studio site such as theaters, video halls, showing violence, pornography, gambling or performance.

Terrorist activities against minors, such as physical and mental health programs, by the relevant government authorities shall confiscate the illegal broadcast of audio and video products and illegal income, and impose a fine, and managers directly responsible and other persons directly responsible for imposing fines are serious, closed for rectification or the Administrative Department for industry and commerce shall revoke business licenses.

55th article business sex dance Office and other minor people not suitable into of places, and business sex electronic game places, violation this method 33rd article of provides, not set obviously of minor people ban into logo, or allows minor people into of, by culture administrative sector ordered corrected, and give warning, and ordered closed reorganization, and confiscated illegal proceeds, sentenced fine, and on directly is responsible for of competent personnel and other directly responsibility personnel sentenced fine; plot serious of, by business administrative sector revoked license.

56th instigates, coerces, inducing a minor misconduct, serious misconduct as provided in this law, or for minor misconduct, providing serious adverse conditions, activities contravening public security management, the public security organs shall be punishment constitutes a crime, criminal responsibility shall be investigated according to law.

The eighth chapter supplementary articles 57th this law shall come into force on November 1, 1999.