Decree of the President of the People's Republic of China (No.17, Ninth Session)
(People's Republic of China (PRC) Law on the Prevention of Juvenile Delinquency was adopted by the 10th meeting of the Ninth NPC Standing Committee of People's Republic of China (PRC) on June 28th, 2009 1999, and is hereby promulgated and shall come into force on June 28th, 2009. )
chapter one
general rule
Article 1 This Law is formulated in order to protect the physical and mental health of minors, cultivate their good conduct and effectively prevent juvenile delinquency.
Article 2 The prevention of juvenile delinquency should be based on education and protection, starting from childhood, and timely preventing and correcting juvenile delinquency.
Article 3 Under the leadership of people's governments at all levels, the prevention of juvenile delinquency shall be comprehensively managed.
Relevant government departments, judicial organs, people's organizations, relevant social organizations, schools, families, urban residents' committees and rural villagers' committees. * * * The whole people participate in the prevention of juvenile delinquency and create a good social environment for the healthy development of minors' body and mind.
Fourth people's governments at all levels are responsible for preventing juvenile delinquency:
Make plans to prevent juvenile delinquency;
(2) Organizing and coordinating relevant government departments such as public security, education, culture, press and publication, radio, film and television, industry and commerce, civil affairs, judicial administration and other social organizations to prevent juvenile delinquency;
(3) To inspect the implementation of this Law and the implementation of the work plan;
(four) summarize and popularize the experience of preventing juvenile delinquency, and establish and commend advanced models.
Article 5 To prevent juvenile delinquency, we should combine the physiological and psychological characteristics of minors of different ages, strengthen adolescent education, psychological correction and research on crime prevention countermeasures.
Chapter II Education for Preventing Juvenile Delinquency
Article 6 Education on ideals, morality, legality, patriotism, collectivism and socialism of minors should be strengthened. Minors who have reached the age of compulsory education should be educated in crime prevention at the same time as the above education.
The purpose of juvenile crime prevention education is to strengthen the legal concept of minors, make them understand the harm caused by illegal and criminal acts to individuals, families and society, and the legal responsibilities that illegal and criminal acts should bear, and establish the awareness of obeying the law and preventing illegal and criminal acts.
Article 7 Education administrative departments and schools shall incorporate crime prevention education as the content of legal education into school education and teaching plans, and conduct targeted crime prevention education for minors of different ages in combination with common and frequent juvenile crimes.
Article 8 The judicial administrative department, the educational administrative department, the Communist Youth League and the Young Pioneers shall, according to the actual situation, organize legal publicity activities in the form of exhibitions, reports and lectures to prevent juvenile delinquency.
Schools should, in light of the actual situation, organize activities with the prevention of juvenile delinquency as the main content. The administrative department of education should take the effect of juvenile crime prevention education as an important content of evaluating school work.
Ninth schools should employ full-time or part-time teachers to engage in legal education. Schools can hire off-campus legal counselors according to conditions.
Tenth parents or other guardians of minors are directly responsible for the legal education of minors. When schools educate students on crime prevention, they should inform their parents or other guardians of the education plan, and parents or other guardians of minors should carry out education according to the specific circumstances in combination with the school plan.
Eleventh children's palace, youth activity center and other off-campus activities should take the prevention of juvenile delinquency education as an important work content and carry out various forms of publicity and education activities.
Twelfth for minors who have reached the age of 16 but are not ready for employment, vocational education and training institutions and employers should incorporate legal knowledge and crime prevention education into vocational training.
Thirteenth urban residents' committees and rural villagers' committees should actively carry out targeted legal publicity activities to prevent juvenile delinquency.
Chapter III Prevention of Bad Behaviors of Minors
Fourteenth parents or other guardians of minors and schools should educate minors not to have the following bad behaviors:
(a) absenteeism, staying at night;
(2) Carrying controlled knives;
(3) Fighting and insulting others;
(4) extorting property from others by force;
(five) theft or intentional destruction of property;
(six) to participate in gambling or gambling in disguise;
(seven) watching and listening to pornographic and obscene audio-visual products and reading materials;
(eight) to enter the commercial dance halls and other places that are not suitable for minors as stipulated by laws and regulations;
(nine) other serious violations of social morality.
Fifteenth parents or other guardians of minors and schools should educate minors not to smoke or drink. No business premises may sell alcohol and tobacco to minors.
Sixteenth primary and secondary school students are absent from class, the school should get in touch with their parents or other guardians in time.
If a minor goes out at night without authorization, his parents or other guardians and the boarding school where he works shall promptly find out or ask the public security organ for help. Those who take in minors who stay out at night shall obtain the consent of their parents or other guardians, or notify their parents or other guardians, their schools or report to the public security organs within 24 hours.
Seventeenth parents or other guardians of minors and schools find that minors organize or participate in gangs that commit bad behaviors, and should stop them in time. If a gang is found to have committed illegal and criminal acts, it shall report to the public security organ.
Eighteenth parents or other guardians of minors and the school found that someone instigated, coerced or lured minors to commit crimes, they should report to the public security organs. After receiving the report, the public security organ shall promptly investigate and deal with it according to law. When the personal safety of minors is threatened, effective measures should be taken in time to protect their personal safety.
Nineteenth parents or other guardians of minors shall not let minors under the age of 16 live alone without supervision.
Twentieth parents or other guardians of minors shall not leave minors unattended, and shall not force them to run away from home and give up their guardianship duties.
If a minor runs away from home, his parents or other guardians shall promptly find out or ask the public security organ for help.
Article 21 If a minor's parents divorce, both parties to the divorce have the obligation to educate their children, and neither party may fail to fulfill the obligation to educate their children because of the divorce.
Twenty-second stepparents and adoptive parents shall perform their parents' duty of crime prevention for minor stepchildren and adopted children educated by them.
Twenty-third schools should strengthen the education and management of minors with bad behavior, and shall not discriminate.
Article 24 Education administrative departments and schools shall hold various lectures, seminars, training and other activities, introduce good and effective educational methods according to the physiological and psychological characteristics of minors in different periods, and guide teachers, parents and other guardians of minors to effectively prevent and correct their bad behaviors.
Twenty-fifth education administrative departments and schools should dismiss or expel teachers and staff who instigate, coerce or induce minors to commit bad behaviors or conduct badly and are not suitable for working in schools; If a crime is constituted, criminal responsibility shall be investigated according to law.
Twenty-sixth it is forbidden to set up commercial song and dance halls, commercial electronic game places and other places that are not suitable for minors to enter near primary and secondary schools. The specific scope of prohibiting the establishment of the above-mentioned places shall be stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Before the implementation of this law, the above-mentioned places have been set up near primary and secondary schools, and should be moved or closed within a time limit.
Twenty-seventh public security organs should strengthen the management of public security around primary and secondary schools, and promptly stop and deal with illegal and criminal acts around primary and secondary schools. Urban residents' committees and rural villagers' committees shall assist public security organs in maintaining public order around primary and secondary schools.
Twenty-eighth public security police stations, urban residents' committees and rural villagers' committees shall grasp the schooling and employment situation of minors in the temporary population within their respective jurisdictions. Those who commit bad behaviors against minors in the temporary population shall urge their parents or other guardians to carry out effective education and stop them.
Article 29 No one may instigate, coerce or induce minors to commit the bad behaviors stipulated in this Law, or provide conditions for minors to commit bad behaviors.
Thirtieth publications for minors shall not contain contents that induce minors to commit crimes, and shall not contain contents that endanger minors' physical and mental health, such as violence, pornography, gambling and terrorist activities.
Thirty-first, no unit or individual may sell or rent books, audio-visual products and electronic publications to minors, which contain contents that are harmful to their physical and mental health, such as inducing minors to commit crimes and exaggerating violence, pornography, gambling and terrorist activities.
No unit or individual may provide the contents and information harmful to the physical and mental health of minors as stipulated in the preceding paragraph through communication, computer network and other means.
Thirty-second radio, film, television and drama programs shall not exaggerate violence, pornography, gambling and terrorist activities that are harmful to the physical and mental health of minors.
The administrative departments of radio, film and television and the administrative departments of culture must strengthen the management of radio, film and television drama programs and various broadcasting places.
Thirty-third commercial song and dance halls and other places that are not suitable for minors to enter, should set up obvious signs prohibiting minors from entering, minors are not allowed to enter.
Commercial electronic game places shall not allow minors to enter outside the national statutory holidays, and set up obvious signs prohibiting minors from entering.
For those who are difficult to determine whether they have reached adulthood, the staff in the above places may require them to show their identity documents.
Chapter IV Correction of Serious Bad Behaviors of Minors
Article 34 The term "serious misconduct" as mentioned in this Law refers to the following illegal behaviors that seriously endanger society but are not serious enough for criminal punishment:
(1) Gathering people to make trouble and disturbing public order;
(two) carrying controlled knives, incorrigible;
(3) repeatedly intercepting, beating others or forcibly demanding other people's property;
(four) the dissemination of obscene books or audio-visual products;
(5) engaging in fornication, pornography or prostitution;
(6) repeated theft;
(seven) to participate in gambling, incorrigible;
(eight) taking or injecting drugs;
(nine) other acts that seriously endanger society.
Article 35 Whoever commits serious bad behaviors against minors as stipulated in this Law shall stop them in time.
Parents or other guardians of minors who have committed serious bad behaviors as stipulated in this Law shall cooperate with schools, take measures to strictly discipline them, or send them to reform-school for correction and education.
If a minor is sent to a work-study school for corrective education, his parents or other guardians or the original school shall apply and obtain the approval of the education administrative department.
Article 36 Work-study schools shall strictly manage and educate minors. In addition to meeting the requirements of the Compulsory Education Law, the curriculum of reform schools should be the same as that of ordinary schools, strengthen the content of legal education, and carry out rectification work according to the causes of minors' serious bad behavior and their psychological characteristics.
Families and schools should care for and care for minors studying in reform-and-study schools, respect their personal dignity, and must not punish, abuse or discriminate against them. Minors who have graduated from reform schools enjoy the same rights as students who have graduated from ordinary schools in terms of further studies and employment, and no unit or individual may discriminate against them.
Article 37. Minors who commit serious misconduct as stipulated in this Law, which constitutes a violation of public security administration, shall be punished by public security organs according to law. Those who are exempted from punishment because they are under the age of 14 or the circumstances are particularly minor may be admonished.
Thirty-eighth minors who are not subject to criminal punishment because they are under the age of sixteen shall be ordered to strictly discipline their parents or other guardians; When necessary, it can also be taken in and educated by the government according to law.
Thirty-ninth minors in the period of reeducation, the executing organ shall ensure that they continue to receive cultural knowledge, legal knowledge or vocational and technical education; For minors who have not completed compulsory education, the executing organ shall ensure that they continue to receive compulsory education.
Minors released from reeducation through labor enjoy the same rights as other minors in terms of resumption of schooling, further studies and employment, and no unit or individual may discriminate against them.
Chapter V Juvenile Self-prevention of Crime
Article 40 Minors should abide by laws, regulations and social ethics, establish a sense of self-respect, self-discipline and self-improvement, enhance their ability to distinguish right from wrong and protect themselves, and consciously resist the temptation and infringement of various bad behaviors and illegal and criminal acts.
Article 41 Minors abandoned or abused by their parents or other guardians have the right to request protection from public security organs, civil affairs departments, Communist Youth League, women's federations, organizations for the protection of minors or schools, urban residents' committees and rural villagers' committees. The above-mentioned departments and organizations requested shall accept it, and if rescue measures are needed according to the situation, they shall take rescue measures first.
Article 42 If a minor discovers that someone has committed an act or a criminal act against himself or other minors, he may report it to the public security organ or the relevant competent government department through the school, parents or other guardians, or report it to the above-mentioned organ by himself. The organ that accepts the report shall promptly investigate and deal with it according to law.
Forty-third judicial organs, schools and society should strengthen the protection of minors who fight against criminal acts and report criminal acts from retaliation.
Chapter VI Prevention of Juvenile Delinquency
Article 44 The criminal responsibility of juvenile delinquency shall be investigated, the policy of education, probation and salvation shall be implemented, and the principle of giving priority to education and supplementing punishment shall be adhered to.
When handling criminal cases of minors, judicial organs should ensure that minors exercise their litigation rights, ensure that minors get legal help, and conduct targeted legal education according to their physical and mental characteristics and criminal situation.
Minor students who have been subjected to criminal compulsory measures shall not be revoked their school status before the judgment of the people's court takes effect.
Article 45 The people's courts shall try criminal cases of juvenile delinquency by judges who are familiar with the physical and mental characteristics of minors or by juvenile courts formed by judges and people's jurors according to law.
Cases of crimes committed by minors aged over 14 and under 16 shall not be heard in public. Cases of crimes committed by minors aged over 16 and under 18 are generally not heard in public.
Where a minor is involved in a crime, news reports, film and television programs and public publications shall not disclose the minor's name, domicile, photos and information that may be inferred from the minor.
Article 46 Minors detained, arrested and executed with criminal punishments shall be held separately from adults, managed separately and educated separately. During the execution of punishment, the executing organ shall strengthen the legal education for juvenile offenders and provide vocational and technical education for juvenile offenders. For juvenile offenders who have not completed compulsory education, the executing organ shall ensure that they continue to receive compulsory education.
Article 47 Parents or other guardians of minors, schools, urban residents' committees and rural villagers' committees shall take effective measures to help educate minors under the age of 16 who have not been subjected to criminal punishment or are exempted from criminal punishment, or minors who have been sentenced to non-imprisonment sentence, suspended sentence or parole, and assist judicial organs to do a good job in education and rescue.
Urban residents' committees and rural villagers' committees may employ retirees or other personnel with excellent ideological and moral character, decent work style and enthusiasm for the education of minors to assist in the work of minors in education aid as stipulated in the preceding paragraph.
Article 48 Minors who are exempted from criminal punishment according to law, sentenced to non-imprisonment punishment, suspended sentence, parole or have completed the execution of their sentences shall enjoy the same rights as other minors in terms of resumption of schooling, further studies and employment, and no unit or individual may discriminate against them.
Chapter VII Legal Liability
Article 49 If a minor's parents or other guardians fail to perform their guardianship duties and let the minor commit the bad behavior or serious bad behavior stipulated in this Law, the public security organ shall admonish the minor's parents or other guardians and order them to be strictly disciplined.
Article 50 If a minor's parents or other guardians violate the provisions of Article 19 of this Law and leave a minor under the age of 16 to live alone without supervision, the public security organ shall admonish the minor's parents or other guardians and order them to correct immediately.
Article 51 If a public security organ staff member violates the provisions of Article 18 of this Law and fails to investigate and deal with the case in time or take effective measures after receiving the report, and is seriously irresponsible, he shall be given administrative sanctions; If serious consequences are caused and a crime is constituted, criminal responsibility shall be investigated according to law.
Article 52 Whoever, in violation of the provisions of Article 30 of this Law, publishes a publication that induces minors to commit crimes and exaggerates violence, pornography, gambling and terrorist activities that endanger the physical and mental health of minors, the publication and illegal income shall be confiscated by the publishing administrative department, and a fine of not less than three times but not more than ten times the illegal income shall be imposed; If the circumstances are serious, the publications and illegal income shall be confiscated, and the company shall be ordered to suspend business for rectification or revoke its license. The directly responsible person in charge and other directly responsible personnel shall be fined.
Whoever makes or copies a publication for minors that promotes obscene content, or sells, rents or disseminates a publication that promotes obscene content to minors, shall be punished for public security according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 53 Whoever, in violation of the provisions of Article 31 of this Law, sells or rents books, audio-visual products and electronic publications that are harmful to minors' physical and mental health, such as inducing minors to commit crimes and exaggerating violence, pornography, gambling and terrorist activities, or provides the above-mentioned contents and information harmful to minors' physical and mental health by means of communication or computer network. , by the relevant government departments in charge of the confiscation of books, audio-visual products, electronic publications and illegal income, and impose a fine.
If a unit commits the acts mentioned in the preceding paragraph, it shall confiscate reading materials, audio-visual products, electronic publications and illegal income, impose a fine, and impose a fine on the directly responsible person in charge and other directly responsible personnel.
Article 54 Where theaters, video halls and other places play or perform programs that exaggerate violence, pornography, gambling and terrorist activities that endanger the physical and mental health of minors, the relevant competent departments of the government shall confiscate the illegally played audio-visual products and illegal income, impose a fine, and impose a fine on the directly responsible person in charge and other directly responsible personnel; If the circumstances are serious, the administrative department for industry and commerce shall order it to suspend business for rectification or revoke its business license.
Article 55 Where commercial song and dance halls, other places unsuitable for minors' activities and commercial electronic game places violate the provisions of Article 33 of this Law and fail to set up obvious signs prohibiting minors from entering or allowing minors to enter, the administrative department for culture shall order them to make corrections, give them a warning, order them to suspend business for rectification, confiscate their illegal income, and impose a fine, and the directly responsible person in charge and other directly responsible personnel shall also be punished; If the circumstances are serious, the business license shall be revoked by the administrative department for industry and commerce.
Article 56 Whoever instigates, coerces or induces minors to commit bad behaviors or serious bad behaviors stipulated in this Law, or provides conditions for minors to commit bad behaviors or serious bad behaviors, which constitutes a violation of public security administration, shall be punished by public security organs according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VIII Supplementary Provisions
Article 57 This Law shall come into force as of 1999 1 1.