Standing Committee of the national people's Congress on revising the People's Republic of China decision of the protection of Minors Act
(October 26, 2012 the 29th meeting 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, 65th) the 29th meeting of the Standing Committee of the 11th NPC decision on the People's Republic of China protection of Minors Act read as follows: The 56th paragraph amended as: "interrogation, trials of juvenile criminal suspects and defendants and asked minor witnesses, victims, shall, in accordance with the provisions of the criminal procedure law, notify its legal representatives or other persons to be present.
This decision shall enter into force on January 1, 2013.
People's Republic of China of the protection of minors in accordance with this decision be revised and republished. Attachment: People's Republic of China Law on the protection of minors (amended 2012) (September 4, 1991, VII session of the 21st meeting of the Standing Committee of national people's Congress on September 4, 1991, People's Republic of China presidential order 50th published December 29, 2006, deputies of the 25th meeting of the Standing Committee of the first amendment on December 29, 2006 People's Republic of China 60th President announced
On October 26, 2012 the 29th meeting of the Standing Committee of the 11th NPC on October 26, 2012 People's Republic of China President to 65th, published since January 1, 2013, the Standing Committee of the national people's Congress to amend of People's Republic of China second amendment of decision on the protection of minors)
Chapter I General provisions
Chapter II family protection
Chapter III the school protection
The fourth chapter of social protection
The fifth chapter of judicial protection
The sixth chapter legal liability
The seventh chapter by-laws
Chapter I General provisions
First in order to protect the physical and mental health of minors, protect the legitimate rights and interests of minors, minors in the all-round moral, intellectual and physical development, culture with ideals, morality, culture and discipline of Socialist builders and successors, according to the Constitution, this law is enacted.
Article II minors mentioned in this law refer to citizens under 18 years of age.
Article minors the right to life, the right to development, the right to protection, the right to participation rights, country special, priority is given under the physical and mental development of minors protection, protect the legitimate rights and interests of minors are not violated.
Right to education for minors, State, society, schools and families to respect and guarantee the right to education of minors.
Minors regardless of gender, nationality, race, family and property status or religious belief, shall equal enjoyment of rights.
Fourth State, society, schools and families for minors of ideal education, moral education, culture, discipline and legal system, conduct education in patriotism, collectivism and socialism, advocates love the motherland, love the people, love work, love science and the ethics of socialism, against capitalism, feudalism and the erosion of decadent ideas.
Fifth to protect working minors should be guided by the following principles:
(A) to respect the human dignity of minors;
(B) adapt to the rules and characteristics of the physical and mental development of minors;
(C) the combination of education and protection.
Sixth to protect minors, State organs, armed forces, political parties, social organizations, enterprises and institutions, urban and rural grass-roots mass self-government organizations, minors, guardians and other adult citizen of common responsibility.
For violations of the legitimate rights and interests of minors, no organization or individual shall have the right to discourage, deter or inform or bring charges against proposed to the relevant Department.
State, society, schools and families shall educate and help minors to safeguard their lawful rights and interests of, consciousness and ability of self-protection, enhance social responsibility.
Article seventh Central and local State organs at all levels shall, within their respective areas of responsibility to protect minors.
Relevant departments of the State Council and local people's Governments at all levels of leadership to protect minors work; minors protection into national economic and social development plans and annual plans, related requirements included in the present budget. The State Council and the Governments of provinces, autonomous regions and municipalities to take organizational measures, coordinate relevant departments to protect minors.
Specific agencies by the State Council and people's Governments of provinces, autonomous regions and municipalities.
Article eighth Communist Youth League organizations, women's federations, trade unions, the Youth Federation, the Federation of students, young pioneers, as well as other relevant social groups to help Governments at all levels to protect minors, maintaining the lawful rights and interests of minors.
Nineth levels of people's Governments and relevant departments of the protection of minors, organizations and individuals who have made significant achievements, recognition and rewards.
Chapter II family protection
Tenth of the parents or other guardians must create a good and harmonious family environment, perform the duties of guardianship of minors and their obligations.
Prohibition of family violence against minors and prohibits the abuse, abandonment of minors, prohibit acts of infanticide and other infants, shall not discriminate against female minors or disabled minors.
11th of the parents or other guardians should pay close attention to the minor's physical, psychological and behavioral habits, a healthy mind, good conduct and proper education and influencing minors and guide wholesome activities for minors, prevention and combat underage smoking, alcoholism, homeless, addicted to the Internet, as well as gambling, drug abuse, prostitution and other acts.
12th of the parents or other guardians must learn parenting knowledge, proper performance of duty of guardianship, care and education of minors.
Relevant State organs and social organizations should minors with parents or other guardians to provide family education guidance.
13th of the parents or other guardians must respect the rights of minors to education, school-age minors must be enrolled and completed compulsory education in accordance with law, shall not be compulsory for minors to drop out.
14th of the parents or other guardian shall, in accordance with the minor's age and intellectual development, and decisions relating to the rights of minors to inform their own, and to listen to their views.
15th of the parents or other guardians must not allow or force the marriages of minors shall not provide minors into marriage.
16th of the parents were migrant or otherwise unable to discharge the responsibilities of the guardianship of minors, should entrust custody of other adults to care.
Chapter III the school protection
17th schools shall fully implement the national education policy, the implementation of quality education, improving the quality of education and focus on training students ability of independent thinking, innovation and practice, and promote all-round development of students.
18th schools shall respect the rights of minor students ' education, care, and care to students, conduct flawed, students with learning difficulties, should be patient, help, without discrimination, shall not violate the laws and regulations of the State Fire students.
19th schools shall under the characteristics of students ' physical and mental development, their social life guidance, mental health counselling and education.
20th school should tie in with the minors ' parents or other guardians, ensure minor students sleep, recreation and physical activity time, may not increase its burden.
Article 21st schools, kindergartens, nursery staff should respect the human dignity of minors shall not be imposed on minors of corporal punishment and disguised corporal punishment or other degrading dignity.
22nd security system should be established in schools, kindergartens, nurseries, strengthening the safety education of minors and take measures to ensure the safety of minors.
Schools, kindergartens, nurseries shall not endanger a minor safety, healthy school buildings and other facilities and sites for educational and teaching activities.
Schools and kindergartens arrange for minors to join rallies, culture, entertainment, social group activities should be conducive to the healthy growth of minors to prevent the occurrence of safety accidents.
Article 23rd educational administrative departments and schools, kindergartens, child care centres should be driven by needs, formulate a response to the disasters, infectious diseases, food poisoning, accidents and other emergency plans, equipped with the appropriate facilities and necessary exercise, enhance the awareness of self protection and the ability of minors.
24th school for minor students at school or the school of personal injury accident occurred in organized activities outside school, ambulance in a timely manner, properly handled, and timely reports to the relevant authorities.
25th for serious misconduct in the education of students, schools and parents or other guardian shall cooperate with each other to discipline; unable to discipline or disciplines may be invalid, in accordance with the relevant provisions of the sending school to continue their education.
Set up special schools of the local people's Governments shall guarantee special conditions of running a school, educational administrative departments should strengthen the management and direction of the school, the departments concerned shall give assistance and cooperation.
College students enrolled at the school should be thought education, culture, discipline and legal education, labor, technical and vocational education.
School staff should concern, care and respect for the students, shall not discriminate against, aversion.
26th kindergarten should be responsible for conservation, education, and promote harmonious development of the physical, intellectual, moral and other aspects.
The fourth chapter of social protection
27th the whole society should establish respect, protection and education of minors morality, concern, care for minors.
State encourages social organizations, enterprises, institutions and other organizations and individuals, to carry out various forms of social activities conducive to the healthy growth of minors.
28th people's Governments at various levels shall guarantee minors the right to education, and take measures to protect economically disadvantaged families, people with disabilities and migrant minors is compulsory.
29th at all levels shall be the establishment and improvement of activities suitable for minors and cultural needs of the premises and facilities, and encourages the community to initiate activities suitable for minors, and strengthening management.
30th base for patriotic education, libraries, youth Palace, a children's activity center minors should be free and open museums, memorial halls, science museums, exhibition halls, art galleries, cultural centers, theaters, stadiums, zoos, parks and other places should be free or preferential opening of minors in accordance with the relevant provisions.
31st education administration under the people's Governments above the county level and their departments shall take measures to encourage and support cultural and sports facilities during school holidays to minors free or preferential opening.
Public Internet access facilities in the community, it should be free or preferential opening of minors, providing safe and healthy Internet access services for minors. 32nd State encourages news, publishing, information technology, broadcasting, film, television, literature and authors, artists, scientists, and other citizens, create or provide works in favour of minors ' healthy growth.
Publication, production and dissemination of specialized content targeted to minors health books, newspapers, periodicals, audio and video products and electronic publications, and network information, and national support.
State shall encourage scientific research institutions and technology groups for minors to carry out science knowledge popularization activities.
33rd State to take measures to prevent minors addicted to the Internet.
The State encourages research and development is conducive to the healthy growth of minors network products, promotion of new technologies to prevent minors addicted to the Internet.
34th prohibited to minors by any organization or individual making or selling, renting or otherwise disseminating obscenity, violence, murder, terror, gambling and other pernicious to minors of books, newspapers, periodicals, audio and video products and electronic publications, and network information, and so on.
35th article production and sale to minors of food, medicines, toys, utensils and amusement facilities, shall conform to the State standards or industrial standards, may not be harmful to the health and safety of minors; need to identify considerations shall be prominently marked.
Article 36th around campus may not set up a commercial song and dance entertainment, Internet online service business premises and other places not suitable activities for minors.
Place of song and dance entertainment, Internet online service business premises and other places not suitable activities for minors, shall not allow minors to enter, the operator should be in a prominent position minors prohibited flag is set; it is difficult to identify whether the adult should be required to show identification.
37th prohibits the sale of tobacco to minors, the operators shall prominently set does not sell tobacco and alcohol to minors signs; it is difficult to identify whether the adult should be required to show identification.
No person shall, in the classrooms of primary and secondary schools, kindergartens, nurseries, bedrooms, rooms, and other place of minors focused on smoking and drinking.
Article 38th no organization or individual may employ minors under 16 years of age, except as otherwise provided.
Any organization or individual in accordance with the relevant provisions of the State recruiting minors aged 16 or under 18 years of age, shall implement the national work, working time, labour intensity and protection measures, the provisions of, and shall cause its too heavy, toxic, harmful harm the physical and mental health of minors, such as labor or dangerous work.
39th article of any organization or individual shall not disclose the personal privacy of the minor.
Minors ' letters, diaries, e-mail, any organization or individual may conceal, destroy or discard; in addition to tracing needs of crime, by the public security organ or the people's Procuratorate for examination, or incapacity of minors ' letters, diaries, e-mail, by their parents or other guardians will open, check out, no organization or individual shall not be opened or read.
40th schools, kindergartens, nurseries and public places when an emergency occurs, should give priority to rescue minors.
41st against trafficking, kidnapping, abuse of a minor, sexual abuse against minors.
Prohibition of coercion, deception, the use of minors in begging or organization performing activities such as harmful to their physical and mental health of minors.
42nd public security organs shall take effective measures to safeguard law and order around the campus and traffic order, the prevention and suppression of violations of the legitimate rights and interests of minors criminal acts.
No organization or individual may disrupt the teaching order, may seize, destroy schools, kindergartens, nursery facilities, housing and other facilities.
43rd people's Governments above the county level and civil sector should establish, as necessary, of the place, to begging with no minor relief, take temporary custody; public security department or other relevant departments shall escort begging or runaway minors to the rescue site, the salvage site bailouts and proper care and to inform the parents or other guardians to recover.
Orphaned, unable to identify their parents or other guardians, and others with no minor child welfare institutions set up by the civil affairs departments to keep raising.
Minor relief agencies, child welfare agencies and their staff should perform their duties according to law, not abuse, discrimination against minors; profit shall not be carried out to keep raising work.
44th for public health departments and schools should be the health of minors and nutritional guidance, provide the necessary health conditions, disease prevention.
Health authorities should prepare for the vaccination of children, national immunization program of the vaccination is free; prevention of common diseases and frequently-occurring diseases of children, strengthen the supervision and management of prevention and control of infectious diseases, strengthen the operations of kindergartens, nurseries and health care guidance and supervision and inspection.
Article 45th in kindergartens in local people's Governments at all levels should actively develop, run nurseries, kindergartens, and supports law during the social organizations and individuals to set up breastfeeding rooms, nurseries and kindergartens.
People's Governments and relevant departments at all levels shall take various forms, develop and train baojiao staff of kindergartens, nurseries and improve their professional ethics and operational capacity.
46th State shall protect minors of intellectual achievement and honor are inviolable.
47th minors who have completed the prescribed number of compulsory education leavers, government departments and social organizations, enterprises and institutions shall, in accordance with the actual situation, to vet them, to create conditions of employment.
48th neighbourhood or village Committee should assist the relevant departments of education and saving the delinquency of minors, the prevention and suppression of violations of the legitimate rights and interests of minors criminal acts.
49th infringement of the legitimate rights and interests of minors, a victim and their guardians or other organizations and individuals have the right to complain to the authorities, they shall be processed by relevant departments.
The fifth chapter of judicial protection
50th public security organs and people's procuratorates, people's courts and judicial administrative departments should perform their duties according to law, protect the legitimate rights and interests of minors in judicial activities.
51st a minor's lawful rights and interests are infringed, initiate litigation to the people's Court according to law, the people's Court shall, in time trials, and adapt to the healthy growth of minors ' physical and psychological characteristics and needs, protect the legitimate rights and interests of minors.
In the judicial activities of minors in need of legal assistance or legal aid, legal aid assistance from the agency or court shall, by law, provide legal assistance or legal aid.
52nd court cases concerning inheritance, should protect the minor's rights to inheritance and legacy.
People's courts in dealing with a divorce case, custody of minor children are involved, should listen to the views of the minor children are capable of expressing the will, according to the principle of protection of children's rights and circumstances of the parties law. 53rd of the parents or other guardians do not fulfil their duties of guardianship or violate the legal rights of guardianship of minors, education does not change, the people's Court may apply according to the persons concerned or the authorities concerned, revoke the qualification of guardians, specified by law guardian.
Revoked custody of parents of minors shall continue to afford the maintenance costs.
54th of delinquent minors, education, persuasion and redemption policy, adhere to the principles of education, punishment as a supplement.
For delinquent minors, shall be given a lighter or mitigated punishment or be exempted from punishment.
55th public security organs, people's procuratorates and people's courts in handling juvenile criminal cases and cases involving the protection of minors ' rights, should take care of physical and mental development of minors, respect for their dignity, safeguard their legitimate rights and interests, and based on the need to establish specialized agencies or designate shall be followed.
56th interrogation, trial of juvenile criminal suspects, defendants and asked minor witnesses, victims, shall, in accordance with the provisions of the criminal procedure law, notify its legal representatives or other persons to be present.
The public security organs, people's procuratorates, people's courts handle criminal cases of sexual abuse of minors, should protect the victim's reputation.
57th of minors taken into custody or is serving a sentence shall be held separately from adults.
Detention, minors serving sentences not completing compulsory education, should be compulsory.
Discharged from custody, sentence of a minor school, admission, and employment without discrimination.
Article 58th of juvenile delinquency cases, news reports, television programmes, publications, networks, and other minors shall not disclose the name, residence, photos, images, and information is possible to infer the minors.
Article 59th of serious misconduct of minors by cure and prevention of criminal acts, in accordance with the provisions of the prevention of juvenile delinquency Act.
The sixth chapter legal liability
60th in violation of the provisions of this law, against the legitimate rights and interests of minors, and other provisions of laws and regulations have administrative sanctions from its provisions; cause property damage or other damage, he shall bear civil liability constitutes a crime, criminal responsibility shall be investigated according to law.
61st State organs and their staff does not perform its responsibility for protection of minors ' lawful rights and interests, or violate the legitimate rights and interests of minors, or the person making the complaint, complaints and accusations retaliates, law by his entity or his upper level organs correction is directly responsible and other persons directly responsible shall be given administrative sanctions.
62nd of the parents or other guardians of failing to fulfil his duty of guardianship, or violate the legitimate rights and interests of minors, be admonished by their work units or neighborhood committees and village committees, and stop activities contravening public security management, shall be subject to administrative punishment by public security organs.
63rd against the legitimate rights and interests of minors in schools, kindergartens, nurseries, by administrative departments of education or other relevant Department in charge shall command a correction in serious cases, the direct responsible person in charge and other direct liable persons shall be given administrative sanctions.
Schools, kindergartens, nursery staff of minor corporal, corporal punishment or other degrading acts, law by his entity or his upper level organs shall be ordered to correct; the circumstances are serious, shall be subject to punishment.
64th production or to minors sell, lease or otherwise disseminate pornography, violence, murder, terror, gambling, such as books, newspapers, audio-visual products and electronic publications, and network information, the competent authority shall order rectification shall be given administrative punishment.
65th production, sales to minors of food, drugs, toys, appliances and recreational facilities do not meet national or industrial standards, or not prominently indicate the considerations, the competent authority shall order rectification shall be given administrative punishment.
66th in the campus around a commercial song and dance entertainment, Internet online service business premises and other places not suitable activities for minors, be shut down by the authorities, shall be subject to administrative penalties.
Place of song and dance entertainment, Internet online service business premises and other places not suitable activities for minors allow minors to enter, or minors banned flag is not set in a prominent position, the competent authority shall order rectification shall be given administrative punishment.
67th sales of alcoholic drinks to minors, or not in a prominent position setting is not sign of the sale of tobacco to minors, the competent authorities shall order rectification shall be given administrative punishment.
68th unlawful recruiting of minors under 16 years of age, or recruit minors under 16 years of age overweight, poisonous, harmful to harm the physical and mental health of minors, such as labor or dangerous operations, the labor Security Department ordered corrective action and impose a fine in serious cases, by the Administrative Department for industry and commerce shall revoke business licenses.
69th violations of minors ' privacy, activities contravening public security management, shall be subject to administrative punishment by public security organs.
70th minor relief agencies, child welfare agencies and their staff does not perform relief duties to minors, or abuse of minors, discrimination, or profit in the handle to keep raising, the competent authority shall order rectification shall be given administrative sanctions.
71st coercion, deception, the use of minors in begging or organization performing activities such as harmful to their physical and mental health of minors, shall be subject to administrative punishment by public security organs.
The seventh chapter by-laws 72nd this law shall come into force on June 1, 2007.