Decree No.6 of the President of the People's Republic of China
The Law on the Protection of Minors in People's Republic of China (PRC) was revised and adopted by the 25th meeting of the 1th NPC Standing Committee in People's Republic of China (PRC) on February 29th, 26. The revised Law of People's Republic of China (PRC) on the Protection of Minors is now promulgated and will come into force on June 29, 27.
People's Republic of China (PRC) Chairman Hu Jintao
65438+February 29, 26
The Law on the Protection of Minors in People's Republic of China (PRC)
was adopted at the 21st meeting of the Seventh NPC Standing Committee on September 4, 1991. It was revised at the 25th meeting of the Standing Committee of the Tenth NPC on February 29th, 26, and promulgated by Decree No.6 of the President of the People's Republic of China on February 29th, 26, and shall come into force on June 29th, 27.
[ Edit this paragraph] Chapter I General Provisions
Article 1 This Law is formulated in accordance with the Constitution in order to protect the physical and mental health of minors, safeguard their legitimate rights and interests, promote their all-round development in moral, intellectual and physical aspects, and train socialist builders and successors with ideals, morality, education and discipline.
article 2 minors mentioned in this law refer to citizens under the age of 18.
Article 3 Minors shall enjoy the rights of survival, development, protection and participation. According to the characteristics of physical and mental development of minors, the state gives them special and priority protection to ensure that their legitimate rights and interests are not violated.
Minors have the right to education, and the state, society, schools and families respect and guarantee their right to education.
Minors enjoy equal rights according to law, regardless of gender, nationality, race, family property status, religious beliefs, etc.
article 4 the state, society, schools and families should educate minors in ideals, morality, culture, discipline and legal system, patriotism, collectivism and socialism, advocate the public morality of loving the motherland, people, labor, science and socialism, and oppose the erosion of capitalism, feudalism and other decadent ideas.
Article 5 The protection of minors shall follow the following principles:
(1) Respect the personal dignity of minors;
(2) to adapt to the laws and characteristics of minors' physical and mental development, morality, intelligence and physique;
(3) Combination of education and protection.
article 6 the protection of minors is the common responsibility of state organs, armed forces, political parties, social organizations, enterprises and institutions, urban and rural grassroots mass autonomous organizations, guardians of minors and other adult citizens.
any organization or individual has the right to discourage or stop acts that infringe upon the legitimate rights and interests of minors, or to report or accuse the relevant departments.
The state, society, schools and families should educate and help minors to safeguard their legitimate rights and interests, enhance their awareness and ability of self-protection and enhance their sense of social responsibility.
article 7 state organs at the central and local levels shall do a good job in the protection of minors within their respective functions and duties.
the State Council and local people's governments at all levels lead relevant departments to do a good job in the protection of minors; The protection of minors will be included in the national economic and social development plan and the annual plan, and the relevant funds will be included in the government budget at the corresponding level.
the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall take organizational measures to coordinate the relevant departments in the protection of minors. The specific institutions shall be formulated by the people's governments of the State Council and provinces, autonomous regions and municipalities directly under the Central Government.
article 8 communist youth leagues, women's federations, trade unions, youth federations, student federations, young pioneers and other relevant social organizations shall assist people's governments at all levels in the protection of minors and safeguard their legitimate rights and interests.
Article 9 People's governments at all levels and relevant departments shall commend and reward organizations and individuals that have made remarkable achievements in the protection of minors.
[ Edit this paragraph] Chapter II Family Protection
Article 1 Parents or other guardians shall create a good and harmonious family environment and perform their guardianship duties and support obligations for minors according to law.
domestic violence against minors, maltreatment and abandonment of minors and beating of children are prohibited. It is forbidden to drown babies and other acts that harm babies, and it is not allowed to discriminate against female minors or disabled minors.
Article 11 Parents or other guardians should pay attention to the physiological, psychological and behavioral habits of minors, educate and influence minors with healthy thoughts, good conduct and appropriate methods, guide minors to engage in activities beneficial to their physical and mental health, and prevent and stop minors from smoking, drinking, wandering, indulging in the Internet, gambling, drug abuse and prostitution.
Article 12 Parents or other guardians should learn family education knowledge, correctly perform guardianship duties, and bring up and educate minors.
relevant state organs and social organizations should provide family education guidance for parents or other guardians of minors.
Article 13 Parents or other guardians should respect minors' right to education, and must make school-age minors enter school according to law to receive and complete compulsory education, and must not make minors who receive compulsory education drop out of school.
Article 14 Parents or other guardians shall inform minors themselves and listen to their opinions when making decisions concerning their rights and interests according to their age and intellectual development.
Article 15 Parents or other guardians shall not allow or force minors to get married, and shall not enter into an engagement for minors.
Article 16 If parents are unable to perform guardianship duties for minors due to going out to work or other reasons, they shall entrust other adults with guardianship to perform it on their behalf.
[ Edit this paragraph] Chapter III School Protection
Article 17 Schools should comprehensively implement the national education policy, implement quality education, improve the quality of education, pay attention to cultivating minor students' independent thinking ability, innovative ability and practical ability, and promote their all-round development.
article 18 schools should respect the right of underage students to receive education, care for and care for students, patiently educate and help students with shortcomings in conduct and difficulties in learning, and must not discriminate against them, and must not expel underage students in violation of laws and state regulations.
Article 19 Schools shall provide social life guidance, mental health guidance and adolescent education for underage students according to their physical and mental development characteristics.
Article 2 Schools shall cooperate with parents or other guardians of minor students to ensure their sleep, entertainment and physical exercise time, and shall not increase their study burden or extend their study time at school.
Article 21 Teachers and staff in schools, kindergartens and nurseries shall respect the personal dignity of minors, and shall not impose corporal punishment on minors, corporal punishment in disguised form or other acts that insult their personal dignity.
Article 22 Schools, kindergartens and nurseries shall establish safety systems, strengthen safety education for minors and take measures to ensure their personal safety.
Schools, kindergartens and nurseries are not allowed to carry out education and teaching activities in school buildings and other facilities and places that endanger the personal safety and health of minors.
Schools and kindergartens should arrange for minors to participate in collective activities such as assembly, cultural entertainment and social practice, which should be conducive to the healthy growth of minors and prevent personal safety accidents.
Article 23 Education administrative departments, schools, kindergartens and nurseries shall, according to the needs, formulate emergency plans to deal with various disasters, infectious diseases, food poisoning, accidental injuries and other emergencies, equip them with corresponding facilities, and conduct necessary drills to enhance minors' awareness and ability of self-protection.
article 24 schools should promptly rescue and properly handle underage students who have personal injury accidents at school or in extracurricular activities organized by schools, and report to the relevant competent departments in time.
Article 25 Schools, parents or other guardians shall cooperate with each other to discipline minor students who receive education at school and have serious bad behaviors. Those who cannot be disciplined or are poorly disciplined may be sent to special schools for further education in accordance with relevant regulations.
the local people's governments that set up specialized schools according to law should guarantee the conditions for running specialized schools, the education administrative departments should strengthen the management and guidance of specialized schools, and the relevant departments should give assistance and cooperation.
Specialized schools should provide ideological education, cultural education, discipline and legal education, labor and technical education and vocational education to underage students.
Teachers and staff in specialized schools should care for, love and respect students, and must not discriminate, refuse or give up.
Article 26 Kindergartens should do a good job in conservation and education to promote the harmonious development of children in physical, intellectual and moral aspects.
[ Edit this paragraph] Chapter IV Social Protection
Article 27 The whole society should establish a good habit of respecting, protecting and educating minors, and care for and cherish minors.
the state encourages social organizations, enterprises, institutions and other organizations and individuals to carry out various forms of social activities beneficial to the healthy growth of minors.
Article 28 People's governments at all levels shall guarantee minors' right to education, and take measures to ensure that minors with financial difficulties, disabled minors and floating population receive compulsory education.
Article 29 People's governments at all levels shall establish and improve places and facilities suitable for minors' cultural life, encourage social forces to set up activity places suitable for minors, and strengthen management.
Article 3 Patriotism education bases, libraries, youth palaces and children's activity centers shall be open to minors free of charge; Museums, memorial halls, science and technology museums, exhibition halls, art galleries, cultural centers, theaters, stadiums, zoos, parks and other places shall be open to minors free of charge or at preferential rates in accordance with relevant regulations.
article 31 the people's governments at or above the county level and their education administrative departments shall take measures to encourage and support primary and secondary schools to open cultural and sports facilities to minors free of charge or at preferential rates during holidays.
public internet service facilities in the community should be open to minors free of charge or at preferential rates, and provide safe and healthy internet services for minors.
article 32 the state encourages the press, publishing, information industry, broadcasting, movies, television, literature and art, writers, artists, scientists and other citizens to create or provide works beneficial to the healthy growth of minors. The state supports the publication, production and dissemination of books, newspapers, audio-visual products, electronic publications and network information with healthy contents specially for minors.
the state encourages scientific research institutions and scientific and technological organizations to carry out scientific knowledge popularization activities for minors.
article 33 the state takes measures to prevent minors from indulging in the internet.
the state encourages research and development of network products that are beneficial to the healthy growth of minors, and promotes new technologies to prevent minors from indulging in the network.
Article 34 It is forbidden for any organization or individual to produce or sell, rent or otherwise disseminate books, newspapers, periodicals, audio-visual products, electronic publications and online information that are harmful to minors, such as obscenity, violence, murder, terror and gambling.
Article 35 The production and sale of food, medicines, toys, utensils and recreational facilities for minors shall conform to national standards or industrial standards, and shall not endanger the safety and health of minors; Need to indicate the matters needing attention, should be marked in a prominent position.
Article 36 Primary and secondary schools shall not set up commercial places for singing and dancing entertainment, places for Internet service and other places unsuitable for minors' activities.
Places that are not suitable for minors' activities, such as commercial song and dance entertainment places and Internet service places, shall not allow minors to enter, and operators shall set up signs prohibiting minors from entering in a prominent position; If it is difficult to determine whether he has reached adulthood, he shall be required to show his identity certificate.
Article 37 It is forbidden to sell alcohol and tobacco to minors, and business operators shall set up signs in a prominent position not to sell alcohol and tobacco to minors; If it is difficult to determine whether he has reached adulthood, he shall be required to show his identity certificate.
No one is allowed to smoke or drink alcohol in classrooms, dormitories and activity rooms of primary and secondary schools, kindergartens and nurseries.
article 38 unless otherwise stipulated by the state, no organization or individual may employ minors under the age of 16.
any organization or individual that recruits minors over the age of 16 but under the age of 18 according to the relevant regulations of the state shall implement the relevant regulations of the state on types of work, working hours, labor intensity and protective measures, and shall not arrange them to engage in overweight, toxic and harmful labor or dangerous operations that endanger the physical and mental health of minors.
article 39 no organization or individual may disclose the personal privacy of minors.
No organization or individual may conceal or destroy minors' letters, diaries and emails; No organization or individual may open or consult the letters, diaries and e-mails of minors without legal capacity, except that the public security organs or people's procuratorates conduct inspections according to law in order to trace crimes.
4th schools, kindergartens, nurseries and public places should give priority to helping minors when emergencies occur.
article 41 abduction, kidnapping and maltreatment of minors are prohibited, and sexual abuse of minors is prohibited.
It is forbidden to coerce, trick or use minors to beg or organize minors to engage in activities harmful to their physical and mental health.
article 42 public security organs should take effective measures to maintain public security and traffic order around the campus according to law, and prevent and stop illegal and criminal acts that infringe upon the legitimate rights and interests of minors.
No organization or individual may disturb the teaching order, occupy or destroy the venues, houses and facilities of schools, kindergartens and nurseries.
article 43 the people's governments at or above the county level and their civil affairs departments shall, according to needs, set up rescue places to help vagrants and beggars and other minors who have no livelihood, and assume the responsibility of temporary guardianship; The public security department or other relevant departments shall escort vagrants and beggars or minors who have run away from home to rescue places, give them assistance and take proper care of them, and promptly notify their parents or other guardians to take them back.
Orphans, orphans whose parents or other guardians cannot be identified, and other minors who have no livelihood are taken in and raised by child welfare institutions established by civil affairs departments.
Juvenile relief agencies, child welfare agencies and their staff shall perform their duties according to law, and shall not abuse or discriminate against minors; Do not seek benefits in the work of adopting children.
article 44 health departments and schools should provide health care and nutrition guidance to minors, provide necessary health care conditions and do a good job in disease prevention.
The health department should do a good job in children's vaccination, and the vaccination of the national immunization program is free; Actively prevent and treat common and frequently-occurring diseases in children, strengthen supervision and management of infectious disease prevention and control, and strengthen professional guidance, supervision and inspection of health care in kindergartens and nurseries.
article 45 local people's governments at all levels should actively develop infant care, run nurseries and kindergartens well, and support social organizations and individuals to set up nursing rooms, nurseries and kindergartens according to law.
people's governments at all levels and relevant departments should take various forms to train and train kindergarten and nursery teachers to improve their professional ethics and professional ability.
article 46 the state protects minors according to law.