Law of the People's Republic of China on the Prevention of Juvenile Delinquency (Revised in 2020)
Law of the People's Republic of China on the Prevention of Juvenile Delinquency (Revised in 2020)
Law of the People's Republic of China on the Prevention of Juvenile Delinquency (Revised in 2020)
Order of the President of the People's Republic of China No.64
December 26, 2020
The Law of the People's Republic of China on the Prevention of Juvenile Delinquency, which was revised and adopted at the 24th Meeting of the Standing Committee of the 13th National People's Congress of the People's Republic of China on December 26, 2020, is hereby promulgated and shall come into effect as of June 1, 2021.
Xi Jinping, President of the People's Republic of China
Law of the People's Republic of China on the Prevention of Juvenile Delinquency (Revised in 2020)
(Adopted at the tenth Meeting of the Standing Committee of the ninth National People's Congress on June 28, 1999; amended in accordance with the Decision on Revising the Law of the People's Republic of China on the Prevention of Juvenile Delinquency adopted at the 29th Meeting of the Standing Committee of the 11th National People's Congress on October 26, 2012; and revised at the 24th Meeting of the Standing Committee of the 13th National People's Congress on December 26, 2020)
Table of Contents
Chapter I General Provisions
Chapter II Education on the Prevention of Crimes
Chapter III Intervention in Misbehaviours
Chapter IV Rectification of Serious Misbehaviours
Chapter V Prevention of Reoffending
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted for the purpose of safeguarding the physical and mental health of juveniles, cultivating good conduct in juveniles and effectively preventing juvenile delinquency.
Article 2 The prevention of juvenile delinquency shall be based on a combination of education and protection of juveniles and adhere to prevention first and intervention in advance, and efforts shall be made to conduct prompt level-by-level prevention, intervention and rectification of misbehaviours and serious misbehaviours of juveniles.
Article 3 Work to prevent juvenile delinquency shall be carried out in ways that respect the personal dignity of juveniles and protect their rights to reputation and privacy, personal information and other legitimate rights and interests.
Article 4 Juvenile delinquency shall be prevented in a comprehensive way under the organization of people's governments at all levels.
State organs, people's organizations, social organizations, enterprises, public institutions, residents' committees, villagers' committees, schools, families and other entities shall take their respective responsibilities, cooperate with each other, effectively carry out work to prevent juvenile delinquency together, promptly eliminate all kinds of negative factors that breed behaviours of juvenile delinquency, and create a favourable social environment for the physical and mental health of juveniles.
Article 5 People's governments at all levels shall perform the following duties and responsivities in preventing juvenile delinquency:
1. formulating work plans for the prevention of juvenile delinquency;
2. organizing departments of public security, education, civil affairs, culture and tourism, market regulation, cyberspace administration, health, press and publication, film, radio and television and judicial administration and other relevant departments to carry out work to prevent juvenile delinquency;
3. providing the policy support and financial safeguard for work to prevent juvenile delinquency;
4. inspecting the implementation of this Law and the execution of work plans;
5. organizing and carrying out publicity and education on the prevention of juvenile delinquency; and
6. performing other duties and responsibilities in preventing juvenile delinquency.
Article 6 The State shall strengthen the construction of special schools and provide special education for juveniles who have serious misbehaviours. Special education is an integral part of the national education system and an important protective and disciplinary measure for the education and correction of juveniles who have serious misbehaviours.
Provincial people's governments shall incorporate the development of special education and the construction of special schools into their economic and social development plans. Local people's governments at or above the county level shall set up steering committees on special education to reasonably set up special schools according to their needs.
A steering committee on special education is composed of representatives of departments of education, civil affairs, finance, human resources and social security, public security, judicial administration, the people's procuratorate, the people's court, the Chinese Communist Youth League, the women's federation, the committee for the wellbeing of the youth, special schools and other entities, as well as lawyers, social workers and other personnel. It shall study and determine the teaching, management and other related work of special schools.
Specific measures for the construction of special schools and special education shall be prescribed by the State Council.
Article 7 Public security organs, people's procuratorates, people's courts and administrative departments of justice shall establish dedicated agencies or dedicated personnel who have received professional training and are familiar with the physical and mental characteristics of juveniles to take charge of the prevention of juvenile delinquency.
Article 8 Chinese Communist Youth League organizations, women's federations, trade unions, disabled persons' federations, committees for the wellbeing of the youth, youth federations, students' federations, young pioneer organizations and other relevant social organizations shall assist people's governments at all levels and their relevant departments, people's procuratorates and people's courts in effectively preventing juvenile delinquency, cultivating social forces and providing support services for the prevention of juvenile delinquency.
Article 9 The State shall encourage, support and guide social service agencies and other social organizations to participate in work related to the prevention of juvenile delinquency, and strengthen supervision.
Article 10 No organization or individual may instigate, coerce or induce juveniles to commit misbehaviours or serious misbehaviours, or provide conditions for juveniles to commit the misbehaviours mentioned above.
Article 11 Juveniles shall abide by laws, regulations and social and public ethics, establish a sense of self-respect, self-discipline and self-improvement, enhance their abilities to distinguish right from wrong and protect themselves, and consciously resist the temptation of and infringement by all kinds of misbehaviours and of illegal and criminal behaviours.
Article 12 For the prevention of juvenile delinquency, research shall be strengthened on adolescent education, psychological care, psychological rectification and measures for the prevention of crimes in light of the physiological and psychological characteristics of juveniles of different ages.
Article 13 The State shall encourage and support the construction of disciplines, the establishment of specialties, personnel training and scientific research related to the prevention of juvenile delinquency, and conduct international exchanges and cooperation.
Article 14 The State shall commend and reward organizations and individuals that have accomplished remarkable achievements in the prevention of juvenile delinquency.
Chapter II Education on the Prevention of Crimes
Article 15 The State, society, schools and families shall strengthen education on the socialist core values for juveniles, carry out education on the prevention of crimes, and enhance the concept of the rule of law among juveniles, so that they can establish the awareness of observing discipline and laws and preventing crimes, and improve the self-control ability.
Article 16 Parents or other guardians of juveniles have direct responsibility for the education of juveniles on the prevention of crimes, and shall perform their responsibilities of guardianship in accordance with the law, establish good family styles, and cultivate good conduct in juveniles; and they shall promptly get to know the situations when they find mental or behavioural disorders in juveniles, and carry out education and give guidance and admonition, and shall not refuse to perform or be slack in performing their responsibilities of guardianship.
Article 17 Administrative departments of education and schools shall incorporate education on the prevention of crimes into schools' teaching plans, and guide teaching staff to adopt various ways to carry out targeted education of juvenile students on the prevention of crimes in light of the characteristics of juveniles.
Article 18 Schools shall employ full-time or part-time teachers engaged in legal education, and may also appoint vice principals for matters relating to the rule of law and off-campus counsellors on the rule of law from judicial and law enforcement organs, legal education and legal service agencies and other entities.
Article 19 Schools shall be staffed with full-time or part-time teachers of mental health education to carry out mental health education. In light of their specific situations, schools may cooperate with professional mental health institutions to establish mental health screening and early intervention mechanisms to prevent and solve students' problems of mental and behavioural disorders.
Schools shall strengthen communication with parents or other guardians of juvenile students, and carry out effective mental health education of juvenile students together; and immediately inform, when finding that juvenile students may have mental disorders, their parents or other guardians of sending them to relevant professional institutions for diagnosis and treatment.
Article 20 Administrative departments of education shall, in conjunction with relevant departments, establish a system for the prevention and control of student bullying. Schools shall strengthen daily safety management, perfect their workflow for finding and handling student bullying, strictly screen and promptly eliminate all kinds of hidden dangers that may lead to behaviours of student bullying.
Article 21 Administrative departments of education encourage and support schools to employ social workers to be stationed at schools on a long-term or regular basis, assist in carrying out moral education, education on the rule of law, education on life and mental health education, and participate in the prevention and handling of student bullying and other behaviours.
Article 22 Administrative departments of education and schools shall introduce scientific and reasonable educational methods through giving lectures, holding seminars, offering training and other activities, and guide teaching staff, parents or other guardians of juvenile students to effectively prevent juvenile delinquency.
Schools shall inform parents or other guardians of juvenile students of their plans for education on the prevention of crimes. Parents or other guardians of juvenile students shall cooperate with schools to carry out targeted education of juvenile students on the prevention of crimes.
Article 23 Administrative departments of education shall incorporate the effect of work on the education on the prevention of crimes into the annual assessment of schools.
Article 24 People's governments at all levels and their relevant departments, people's procuratorates, people's courts, Chinese Communist Youth League organizations, young pioneer organizations, women's federations, disabled persons' federations committees for the wellbeing of the youth and other organizations shall, in light of specific conditions, organize and hold publicity and educational activities in various forms for the prevention of juvenile delinquency. Localities where conditions permit may set up bases of legal education for juveniles and carry out legal education for them.
Article 25 Residents' committees and villagers' committees shall actively carry out targeted publicity activities for the prevention of juvenile delinquency, assist public security organs in maintaining public security in the vicinity of schools, promptly grasp information on the guardianship, schooling and employment of juveniles within their respective jurisdictions, and organize and guide community-based social organizations to participate in work to prevent juvenile delinquency.
Article 26 Youth palaces, children's activity centres and other venues for extracurricular activities shall take education on the prevention of crimes as an important content of work and carry out publicity and educational activities in various forms.
Article 27 Vocational training institutions and employers shall incorporate education on the prevention of crimes into their vocational training for juveniles who have reached the age of 16 and are ready for work.
Chapter III Intervention in Misbehaviours
Article 28 For the purpose of this Law, the term "misbehaviours" refers to the following behaviours committed by juveniles that are not conducive to their healthy growth:
1. smoking and drinking alcohol;
2. being absent from class or playing truant multiple times;
3. staying out all night or running away from home for no reason;
4. having an addiction to the Internet;
5. associating with people with bad habits in society, organizing or participating in gangs that commit misbehaviours;
6. entering venues prescribed by laws or regulations as unsuitable for juveniles;
7. participating in gambling, gambling in disguised form, or feudal superstition, cult or other activities;
8.
......
Order of the President of the People's Republic of China No.64
December 26, 2020
The Law of the People's Republic of China on the Prevention of Juvenile Delinquency, which was revised and adopted at the 24th Meeting of the Standing Committee of the 13th National People's Congress of the People's Republic of China on December 26, 2020, is hereby promulgated and shall come into effect as of June 1, 2021.
Xi Jinping, President of the People's Republic of China
Law of the People's Republic of China on the Prevention of Juvenile Delinquency (Revised in 2020)
(Adopted at the tenth Meeting of the Standing Committee of the ninth National People's Congress on June 28, 1999; amended in accordance with the Decision on Revising the Law of the People's Republic of China on the Prevention of Juvenile Delinquency adopted at the 29th Meeting of the Standing Committee of the 11th National People's Congress on October 26, 2012; and revised at the 24th Meeting of the Standing Committee of the 13th National People's Congress on December 26, 2020)
Table of Contents
Chapter I General Provisions
Chapter II Education on the Prevention of Crimes
Chapter III Intervention in Misbehaviours
Chapter IV Rectification of Serious Misbehaviours
Chapter V Prevention of Reoffending
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted for the purpose of safeguarding the physical and mental health of juveniles, cultivating good conduct in juveniles and effectively preventing juvenile delinquency.
Article 2 The prevention of juvenile delinquency shall be based on a combination of education and protection of juveniles and adhere to prevention first and intervention in advance, and efforts shall be made to conduct prompt level-by-level prevention, intervention and rectification of misbehaviours and serious misbehaviours of juveniles.
Article 3 Work to prevent juvenile delinquency shall be carried out in ways that respect the personal dignity of juveniles and protect their rights to reputation and privacy, personal information and other legitimate rights and interests.
Article 4 Juvenile delinquency shall be prevented in a comprehensive way under the organization of people's governments at all levels.
State organs, people's organizations, social organizations, enterprises, public institutions, residents' committees, villagers' committees, schools, families and other entities shall take their respective responsibilities, cooperate with each other, effectively carry out work to prevent juvenile delinquency together, promptly eliminate all kinds of negative factors that breed behaviours of juvenile delinquency, and create a favourable social environment for the physical and mental health of juveniles.
Article 5 People's governments at all levels shall perform the following duties and responsivities in preventing juvenile delinquency:
1. formulating work plans for the prevention of juvenile delinquency;
2. organizing departments of public security, education, civil affairs, culture and tourism, market regulation, cyberspace administration, health, press and publication, film, radio and television and judicial administration and other relevant departments to carry out work to prevent juvenile delinquency;
3. providing the policy support and financial safeguard for work to prevent juvenile delinquency;
4. inspecting the implementation of this Law and the execution of work plans;
5. organizing and carrying out publicity and education on the prevention of juvenile delinquency; and
6. performing other duties and responsibilities in preventing juvenile delinquency.
Article 6 The State shall strengthen the construction of special schools and provide special education for juveniles who have serious misbehaviours. Special education is an integral part of the national education system and an important protective and disciplinary measure for the education and correction of juveniles who have serious misbehaviours.
Provincial people's governments shall incorporate the development of special education and the construction of special schools into their economic and social development plans. Local people's governments at or above the county level shall set up steering committees on special education to reasonably set up special schools according to their needs.
A steering committee on special education is composed of representatives of departments of education, civil affairs, finance, human resources and social security, public security, judicial administration, the people's procuratorate, the people's court, the Chinese Communist Youth League, the women's federation, the committee for the wellbeing of the youth, special schools and other entities, as well as lawyers, social workers and other personnel. It shall study and determine the teaching, management and other related work of special schools.
Specific measures for the construction of special schools and special education shall be prescribed by the State Council.
Article 7 Public security organs, people's procuratorates, people's courts and administrative departments of justice shall establish dedicated agencies or dedicated personnel who have received professional training and are familiar with the physical and mental characteristics of juveniles to take charge of the prevention of juvenile delinquency.
Article 8 Chinese Communist Youth League organizations, women's federations, trade unions, disabled persons' federations, committees for the wellbeing of the youth, youth federations, students' federations, young pioneer organizations and other relevant social organizations shall assist people's governments at all levels and their relevant departments, people's procuratorates and people's courts in effectively preventing juvenile delinquency, cultivating social forces and providing support services for the prevention of juvenile delinquency.
Article 9 The State shall encourage, support and guide social service agencies and other social organizations to participate in work related to the prevention of juvenile delinquency, and strengthen supervision.
Article 10 No organization or individual may instigate, coerce or induce juveniles to commit misbehaviours or serious misbehaviours, or provide conditions for juveniles to commit the misbehaviours mentioned above.
Article 11 Juveniles shall abide by laws, regulations and social and public ethics, establish a sense of self-respect, self-discipline and self-improvement, enhance their abilities to distinguish right from wrong and protect themselves, and consciously resist the temptation of and infringement by all kinds of misbehaviours and of illegal and criminal behaviours.
Article 12 For the prevention of juvenile delinquency, research shall be strengthened on adolescent education, psychological care, psychological rectification and measures for the prevention of crimes in light of the physiological and psychological characteristics of juveniles of different ages.
Article 13 The State shall encourage and support the construction of disciplines, the establishment of specialties, personnel training and scientific research related to the prevention of juvenile delinquency, and conduct international exchanges and cooperation.
Article 14 The State shall commend and reward organizations and individuals that have accomplished remarkable achievements in the prevention of juvenile delinquency.
Chapter II Education on the Prevention of Crimes
Article 15 The State, society, schools and families shall strengthen education on the socialist core values for juveniles, carry out education on the prevention of crimes, and enhance the concept of the rule of law among juveniles, so that they can establish the awareness of observing discipline and laws and preventing crimes, and improve the self-control ability.
Article 16 Parents or other guardians of juveniles have direct responsibility for the education of juveniles on the prevention of crimes, and shall perform their responsibilities of guardianship in accordance with the law, establish good family styles, and cultivate good conduct in juveniles; and they shall promptly get to know the situations when they find mental or behavioural disorders in juveniles, and carry out education and give guidance and admonition, and shall not refuse to perform or be slack in performing their responsibilities of guardianship.
Article 17 Administrative departments of education and schools shall incorporate education on the prevention of crimes into schools' teaching plans, and guide teaching staff to adopt various ways to carry out targeted education of juvenile students on the prevention of crimes in light of the characteristics of juveniles.
Article 18 Schools shall employ full-time or part-time teachers engaged in legal education, and may also appoint vice principals for matters relating to the rule of law and off-campus counsellors on the rule of law from judicial and law enforcement organs, legal education and legal service agencies and other entities.
Article 19 Schools shall be staffed with full-time or part-time teachers of mental health education to carry out mental health education. In light of their specific situations, schools may cooperate with professional mental health institutions to establish mental health screening and early intervention mechanisms to prevent and solve students' problems of mental and behavioural disorders.
Schools shall strengthen communication with parents or other guardians of juvenile students, and carry out effective mental health education of juvenile students together; and immediately inform, when finding that juvenile students may have mental disorders, their parents or other guardians of sending them to relevant professional institutions for diagnosis and treatment.
Article 20 Administrative departments of education shall, in conjunction with relevant departments, establish a system for the prevention and control of student bullying. Schools shall strengthen daily safety management, perfect their workflow for finding and handling student bullying, strictly screen and promptly eliminate all kinds of hidden dangers that may lead to behaviours of student bullying.
Article 21 Administrative departments of education encourage and support schools to employ social workers to be stationed at schools on a long-term or regular basis, assist in carrying out moral education, education on the rule of law, education on life and mental health education, and participate in the prevention and handling of student bullying and other behaviours.
Article 22 Administrative departments of education and schools shall introduce scientific and reasonable educational methods through giving lectures, holding seminars, offering training and other activities, and guide teaching staff, parents or other guardians of juvenile students to effectively prevent juvenile delinquency.
Schools shall inform parents or other guardians of juvenile students of their plans for education on the prevention of crimes. Parents or other guardians of juvenile students shall cooperate with schools to carry out targeted education of juvenile students on the prevention of crimes.
Article 23 Administrative departments of education shall incorporate the effect of work on the education on the prevention of crimes into the annual assessment of schools.
Article 24 People's governments at all levels and their relevant departments, people's procuratorates, people's courts, Chinese Communist Youth League organizations, young pioneer organizations, women's federations, disabled persons' federations committees for the wellbeing of the youth and other organizations shall, in light of specific conditions, organize and hold publicity and educational activities in various forms for the prevention of juvenile delinquency. Localities where conditions permit may set up bases of legal education for juveniles and carry out legal education for them.
Article 25 Residents' committees and villagers' committees shall actively carry out targeted publicity activities for the prevention of juvenile delinquency, assist public security organs in maintaining public security in the vicinity of schools, promptly grasp information on the guardianship, schooling and employment of juveniles within their respective jurisdictions, and organize and guide community-based social organizations to participate in work to prevent juvenile delinquency.
Article 26 Youth palaces, children's activity centres and other venues for extracurricular activities shall take education on the prevention of crimes as an important content of work and carry out publicity and educational activities in various forms.
Article 27 Vocational training institutions and employers shall incorporate education on the prevention of crimes into their vocational training for juveniles who have reached the age of 16 and are ready for work.
Chapter III Intervention in Misbehaviours
Article 28 For the purpose of this Law, the term "misbehaviours" refers to the following behaviours committed by juveniles that are not conducive to their healthy growth:
1. smoking and drinking alcohol;
2. being absent from class or playing truant multiple times;
3. staying out all night or running away from home for no reason;
4. having an addiction to the Internet;
5. associating with people with bad habits in society, organizing or participating in gangs that commit misbehaviours;
6. entering venues prescribed by laws or regulations as unsuitable for juveniles;
7. participating in gambling, gambling in disguised form, or feudal superstition, cult or other activities;
8.
......