Law of the People's Republic of China on the Protection of Minors (Revised in 2006)
Law of the People's Republic of China on the Protection of Minors (Revised in 2006)
Law of the People's Republic of China on the Protection of Minors (Revised in 2006)
Order of the President [2006] No. 60
December 29, 2006
The Law of the People's Republic of China on the Protection of Minors, which was amended and adopted at the 25th meeting of the Standing Committee of the Tenth National People's Congress on December 29, 2006, is hereby promulgated and shall come into force on June 1, 2007.
Hu Jintao President of the People's Republic of China
Appendix: Law of the People's Republic of China on the Protection of Minors
(Adopted at the 21st meeting of the Standing Committee of the Seventh National People's Congress on September 4, 1991, and amended at the 25th meeting of the Standing Committee of the Tenth National People's Congress on December 29, 2006)
Contents
Chapter I General Provisions
Chapter II Protection by the Family
Chapter III Protection by the School
Chapter IV Protection by the Society
Chapter V Judicial Protection
Chapter VI Legal Liabilities
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated according to the Constitution for the purpose of protecting the physical and mental health of minors, safeguarding their legitimate rights and interests, promoting their all-round development morally, intellectually and physically, and training them into constructors of and successors to the socialist cause with lofty ideals, sound morality, good education and a good sense of discipline.
Article 2 The term "minors" in this Law shall refer to citizens under the age of eighteen.
Article 3 Minors enjoy the right to survival, development, protection and participation, etc. The state shall, according to minors' physical and mental development features, provide particular and preferential protection, and safeguard minors' legitimate rights and interests from being injured. Minors enjoy the right to receive education.
The state, the society, schools and families shall respect and guarantee minors' right to receive education.
Minors equally enjoy rights according to the law regardless of their gender, ethnic status, race, family property status and religious belief, etc.
Article 4 The state, society, schools and families shall educate minors in respect of ideals, morality, culture, discipline and legal system as well as patriotism, collectivism and socialism, foster among them the social ethics of loving the motherland, people, work, science and socialism, and fight against the corrosive influences of bourgeois, feudal and other decadent ideologies.
Article 5 The protection of minors shall comply with the following principles:
1. Respecting the personality and dignity of minors;
2. Fitting in with the law and features of minors' physical and mental development; and
3. Combining education with protection.
Article 6 To protect minors is the common responsibility of state organs, armed forces, political parties, social organizations, enterprises, public institutions, self-governing mass organizations at grass-root levels in urban and rural areas, guardians of minors, and other adult citizens.
Any organization or individual has the right to dissuade or stop any act injuring the legitimate rights and interests of minors, or report or file charges against the act to the relevant department.
The state, society, schools and families shall educate and help minors to safeguard their legitimate rights and interests, enhance their consciousness and capacities of protecting themselves, and enhance their sense of social responsibility.
Article 7 State organs at the central level and local levels shall, within the scope of their respective functions and responsibilities, do good jobs in the protection of minors.
The State Council and the local people's governments at all levels shall lead relevant departments in doing a good job in the protection of minors; include the work of protection of minors into the national economic and social development planning and the annual plans, and incorporate the relevant expenses into the budget of the governments at their respective levels.
The State Council and the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government shall adopt organizational measures, and coordinate the relevant departments in doing a good job in the protection of minors.The specific institutions shall be prescribed by the State Council and the people's government of each province, autonomous region, or municipality directly under the Central Government.
Article 8 The Communist Youth League organs, women's federations, trade unions, youth federations, students' federations, young pioneers' organizations and other social organizations shall assist the people's governments at all levels in doing a good job in the protection of minors and safeguarding the legitimate rights and interests of minors.
Article 9 The people's governments at all levels and the departments concerned shall commend and award the organizations and individuals that have made prominent achievements in the protection of minors.
Chapter II Protection by the Family
Article 10 Parents or other guardians shall create a good and harmonious family environment, as well as fulfill their guardianship duties and fosterage obligations to minors according to law.
It is prohibited to commit family violence against minors, or to maltreat or forsake minors. Infanticide and other acts of cruelly killing infants shall be prohibited. No one may discriminate against female or handicapped minors.
Article 11 Parents or other guardians shall pay attention to minors' physiological and psychological conditions as well as their conducts and habits, cultivate and influence the minors in respect of healthy ideology, good morality and proper methods, guide minors to carry out activities that are conducive to their physical and mental health, prevent and stop minors from smoking, excessively drinking, living a vagrant life, being indulgent with network, gambling, taking drugs, or prostitution, etc.
Article 12 Parents or other guardians shall be equipped with family education knowledge, correctly perform guardianship duties, foster and educate minors.
The relevant state organs and social organizations shall provide minors' parents or other guardians with guidance on family education.
Article 13 Parents or other guardians shall respect the minors' right to receive education, must ensure the minors of school age to go to school so as to accept and complete compulsory education, and shall not discontinue the schooling of the minors who shall receive compulsory education at school.
Article 14 Parents or other guardians shall, when making a decision relevant to the minors's rights and interests on the basis of the minors'age and intellectual development status, tell the minors themselves, and listen to their opinions.
Article 15 The parents or other guardians may not permit or force minors to marry, nor may they undertake an engagement for the minors.
Article 16 Where parents are unable to perform their guardianship duties to minors because of leaving his hometown to work or due to other reasons, they shall entrust adults with the capacity of guardianship to guard the minors on their behalf.
Chapter III Protection by the School
Article 17 Schools shall implement the state's guideline for education in an all-round way, practice caliber-oriented education, improve the quality of education, pay attention to cultivating minor students' independent thinking faculties, innovation capacities and practice capacities, and promote minor students to develop in an all-round way.
Article 18 Schools shall respect minor students' right to receive education, show concern for and take good care of the students; with respect to the students who have shortcomings in conduct or difficulties in study, the school shall provide patient education and help, and may not discriminate against them or expel any minor student in violation of the law or regulations of the state.
Article 19 Schools shall, according to the physical and mental development features of minor students, provide minors with social life guidance, psychological health tutorship and adolescence education.
Article 20 Schools shall cooperate with the parents or other guardians of minor students in ensuring minor students' time for sleep, recreation and physical trainings, and shall not aggravate their burdens of study.
Article 21 The teaching and administrative staff of schools, kindergartens and nurseries shall respect the personality and dignity of minors, and may not commit corporal punishment directly or in disguised forms against minors, or commit any other act that humiliates the personality and dignity of minors.
Article 22 Schools, kindergartens and nurseries shall establish a safety system, strengthen the safety education for minors, and take measures to guarantee the personal safety of minors.
Schools, kindergartens or nurseries may not carry out education or teaching activities in school buildings or in other facilities and sites that endanger the personal safety or health of minors.
......