Law of the People's Republic of China on the Prevention of Juvenile Delinquency
(Adopted at the Tenth Session of the Ninth the NPC Standing Committee on June 28, 1999) According to the Law on Amending the Law of the People's Republic of China on October 26, 2112 at the 29th Session of the Eleventh the NPC Standing Committee Decision of the People's Republic of China on the Prevention of Juvenile Delinquency
Contents
Chapter I General Principles
Chapter II Education on Crime Prevention
Chapter III Intervention on Bad Behavior
Chapter IV Correction of Serious Bad Behavior
Chapter V Prevention of Re-offending
. Supplementary provisions
Chapter I General Provisions
Article 1 This Law is formulated in order to protect the physical and mental health of minors, cultivate their good conduct and effectively prevent minors from breaking the law and committing crimes.
article 2 the prevention of juvenile delinquency is based on the combination of education and protection of minors, insisting on prevention first and early intervention, and timely grading prevention, intervention and correction of juvenile bad behaviors and serious bad behaviors.
article 3 the prevention of juvenile delinquency shall respect the personal dignity of minors and protect their legitimate rights and interests such as reputation, privacy and personal information.
Article 4 The prevention of juvenile delinquency shall be comprehensively managed under the organization of people's governments at all levels.
State organs, people's organizations, social organizations, enterprises and institutions, residents' committees, villagers' committees, schools, families, etc. have their own responsibilities and cooperate with each other, * * * to do a good job in preventing juvenile delinquency, eliminate all kinds of negative factors that breed juvenile delinquency in time, and create a good social environment for the healthy development of minors' body and mind.
Article 5 The duties of people's governments at all levels in the prevention of juvenile delinquency are as follows:
(1) To formulate work plans for the prevention of juvenile delinquency;
(2) Organize relevant departments such as public security, education, civil affairs, culture and tourism, market supervision and management, online information, health and wellness, press and publication, film, radio and television, and judicial administration to carry out the work of preventing juvenile delinquency;
(3) to provide policy support and financial guarantee for the prevention of juvenile delinquency;
(4) to inspect the implementation of this law and the implementation of the work plan;
(5) organizing publicity and education on the prevention of juvenile delinquency;
(6) Other duties for preventing juvenile delinquency.
article 6 the state strengthens the construction of special schools and provides special education for minors who have serious bad behaviors. Special education is an integral part of the national education system and an important protective measure for educating and correcting minors with serious bad behavior.
people's governments at the provincial level should incorporate the development of specialized education and the construction of specialized schools into their economic and social development plans. Local people's governments at or above the county level shall set up special education steering committees and set up special schools reasonably according to needs.
the special education steering Committee is composed of education, civil affairs, finance, human resources and social security, public security, judicial administration, people's procuratorates, people's courts, the * * * Communist Youth League, women's federations, committees for caring for the next generation, special schools and other units, as well as lawyers and social workers, to study and determine the teaching and management of special schools.
specific measures for the construction of specialized schools and specialized education shall be formulated by the State Council.
article 7 public security organs, people's procuratorates, people's courts and judicial administrative departments shall be responsible for the prevention of juvenile delinquency by specialized institutions or specialized personnel who have received professional training and are familiar with the physical and mental characteristics of minors.
Article 8 * * * The Communist Youth League, women's federations, trade unions, disabled persons' federations, committees for caring for the next generation, youth federations, student federations, young pioneers and relevant social organizations shall assist people's governments at all levels and their relevant departments, people's procuratorates and people's courts in the prevention of juvenile delinquency, cultivate social forces and provide support services for the prevention of juvenile delinquency.
article 9 the state encourages, supports and guides social organizations such as social work service agencies to participate in the work related to the prevention of juvenile delinquency, and strengthens supervision.
article 11 no organization or individual may instigate, coerce or induce minors to commit bad behaviors or serious bad behaviors, and provide conditions for minors to commit the above behaviors.
Article 11 Minors should abide by laws, regulations and social ethics, establish self-esteem, 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 12 to prevent juvenile delinquency, we should combine the physiological and psychological characteristics of minors at different ages, and strengthen the study of adolescent education, psychological care, psychological correction and crime prevention countermeasures.
article 13 the state encourages and supports discipline construction, specialty setting, personnel training and scientific research related to the prevention of juvenile delinquency, and conducts international exchanges and cooperation.
article 14 the state shall commend and reward organizations and individuals that have made remarkable achievements in the prevention of juvenile delinquency.
chapter ii education on crime prevention
article 15 the state, society, schools and families should strengthen the education on socialist core values for minors, carry out crime prevention education, enhance the concept of the rule of law for minors, enable minors to establish the awareness of obeying laws and preventing illegal crimes, and improve their self-control ability.
Article 16 Parents or other guardians of minors are directly responsible for juvenile crime prevention education, and should perform their guardianship duties according to law, establish a good family style and cultivate good conduct of minors; If a minor is found to be mentally or behaviorally abnormal, he shall know the situation in time, educate, guide and advise him, and shall not refuse or delay in performing his guardianship duties.
article 17 education administrative departments and schools should incorporate crime prevention education into school teaching plans, and guide teaching staff to take various ways to provide targeted crime prevention education to minor students in combination with the characteristics of minors.
article 18 schools shall employ full-time or part-time teachers engaged in rule of law education, and may employ vice presidents of rule of law and off-campus rule of law counselors from judicial and law enforcement organs, legal education and legal service institutions.
Article 19 Schools should be equipped with full-time or part-time mental health education teachers to carry out mental health education. Schools can cooperate with professional mental health institutions according to the actual situation, and establish a mental health screening and early intervention mechanism to prevent and solve students' psychological and behavioral abnormalities.
Schools should strengthen communication with parents or other guardians of minor students, and do a good job in mental health education for minor students. If it is found that minor students may suffer from mental disorders, they shall immediately inform their parents or other guardians to send them to relevant professional institutions for treatment.
Article 21 The administrative department of education shall, jointly with relevant departments, establish a system for preventing and controlling student bullying. Schools should strengthen daily safety management, improve the workflow of student bullying discovery and disposal, strictly investigate and eliminate all kinds of hidden dangers that may lead to student bullying in time.
article 21 the administrative department of education encourages and supports schools to hire social workers to stay in schools for a long time or on a regular basis, to assist in moral education, rule of law education, life education and mental health education, and to participate in the prevention and handling of bullying by students.
Article 22 Education administrative departments and schools shall introduce scientific and reasonable education methods by holding lectures, seminars, training and other activities, and guide teaching staff, parents or other guardians of minor students to effectively prevent juvenile delinquency.
the school should inform the parents or other guardians of minor students of the crime prevention education plan. Parents or other guardians of minor students should cooperate with schools to provide targeted crime prevention education for minor students.
article 23 the administrative department of education shall incorporate the work effect of crime prevention education into the annual assessment of schools.
article 24 people's governments at all levels and their relevant departments, people's procuratorates, people's courts, * * * youth league, young pioneers, women's federations, disabled persons' federations, committees for caring for the next generation, etc. shall organize and hold various forms of publicity and education activities to prevent juvenile delinquency. Where conditions permit, it is possible to establish a youth legal education base and carry out legal education for minors.
article 25 residents' committees and villagers' committees shall actively carry out targeted publicity activities to prevent juvenile delinquency, assist public security organs in maintaining public order around schools, keep abreast of the guardianship, schooling and employment of minors within their respective jurisdictions, and organize and guide community social organizations to participate in the prevention of juvenile delinquency.
Article 26 The youth palace, children's activity center and other off-campus activity places should take crime prevention education as an important work content and carry out various forms of publicity and education activities.
article 27 vocational training institutions and employers should incorporate crime prevention education into the training content when providing vocational training for minors who have reached the age of 16 and are ready for employment.
Chapter III Intervention on Bad Behaviors
Article 28 Bad behaviors mentioned in this Law refer to the following behaviors committed by minors that are not conducive to their healthy growth:
(1) Smoking and drinking;
(2) playing truant for many times;
(3) staying out at night and running away from home for no reason;
(4) addicted to the internet;
(5) associate with people with bad habits in society, organize or join gangs that commit bad behaviors;
(6) entering places where minors are not allowed to enter according to laws and regulations;
(7) participating in gambling, gambling in disguised form, or participating in activities such as feudal superstitions and cults;
(8) reading, watching or listening to books, audio-visual products or network information that promote obscenity, pornography, violence, terror and extremism;
(9) other bad behaviors that are not conducive to the healthy growth of minors.
Article 29 If parents or other guardians of minors find that minors have bad behaviors, they should promptly stop and strengthen discipline.
article 31 when public security organs, residents' committees and villagers' committees find that minors in their respective jurisdictions have bad behaviors, they should stop them in time and urge their parents or other guardians to perform their guardianship duties according to law.
article 31 schools should strengthen management education for underage students who have bad behaviors and must not discriminate; For those who refuse to correct or if the circumstances are serious, the school may punish them according to the situation or take the following management and education measures: < P > (1) give them instruction;
(2) Require compliance with specific codes of conduct;
(3) require to participate in specific special education;
(4) Require to participate in on-campus service activities;
(5) requiring psychological counseling and behavioral intervention from social workers or other professionals;
(6) Other appropriate management education measures.
article 32 schools and families should strengthen communication and establish a home-school cooperation mechanism. If the school decides to take management and education measures for underage students, it shall promptly inform their parents or other guardians; Parents or other guardians of minor students shall support and cooperate with the school in management education.
article 33 if a minor student steals a small amount of property, or commits bullying behaviors such as beating, abusing, intimidating or forcibly demanding property, if the circumstances are minor, the school may take corresponding management and education measures in accordance with the provisions of article 31 of this law.
Article 34 If a minor student is absent from school or truant, the school shall contact his parents or other guardians in time to learn about the situation; Without justifiable reasons, parents or other guardians of schools and minor students should urge them to return to school.
article 35 if a minor stays out at night or runs away from home for no reason, his parents or other guardians and the boarding school where he belongs should find out in time and report to the public security organ when necessary.
those who take in minors who stay out at night and run away from home should contact their parents or other guardians and their schools in time; Unable to get in touch, it shall promptly report to the public security organ.
Article 36 After discovering or receiving a report, the public security organ and the administrative organ of public places shall take effective protective measures in time, notify their parents or other guardians and the boarding school where they are located, and escort them back to their homes and schools when necessary; If it is impossible to get in touch with their parents or other guardians or schools, they shall escort minors to the rescue and protection institutions to receive assistance.
article 37 parents or other guardians of minors and schools shall stop minors from organizing or participating in gangs that commit bad behaviors in time; If the gang is found to be suspected of violating the law and crime, it shall immediately report to the public security organ.
Chapter IV Correction of Serious Bad Behaviors
Article 38 The term "serious bad behaviors" as mentioned in this Law refers to the behaviors committed by minors that are not subject to criminal punishment because they are under the legal age of criminal responsibility, as well as the following behaviors that seriously endanger society:
(1) fighting in groups, chasing and intercepting others, extorting or arbitrarily destroying or occupying public and private property, etc.;
(2) illegally carrying guns, ammunition, crossbows, daggers and other state-regulated control devices;
(3) Beating, abusing, threatening, or intentionally hurting others;
(4) stealing, looting, robbing or intentionally damaging public or private property;
(5) spreading obscene reading materials, audio-visual products or information;
(6) Prostitution, whoring, or obscene performances;
(7) taking or injecting drugs, or providing drugs to others;
(8) The amount of money involved in gambling is relatively large;
(9) Other acts that seriously endanger society.
article 39 if parents or other guardians of minors, schools, residents' committees and villagers' committees find that someone instigates, coerces or induces minors to commit serious bad behaviors, they shall immediately report to the public security organs. If the public security organ receives a report or finds the above situation, it shall promptly investigate and deal with it according to law; Minors whose personal safety is threatened shall take effective protective measures immediately.
Article 41 If a public security organ receives a report or finds that a minor has serious bad behavior, it shall stop it in time, investigate and deal with it according to law, and may order his parents or other guardians to eliminate or mitigate the illegal consequences and take measures to strictly discipline him.
Article 41 The public security organ may take the following corrective and educational measures for minors who have serious bad behaviors according to specific conditions:
(1) Give them a disciplinary warning;
(2) order an apology and compensate for the losses;
(3) Order to make a statement of repentance;
(4) Ordering regular reports on activities;
(5) To be ordered to abide by specific codes of conduct, and not to carry out specific behaviors, contact specific personnel or enter specific places;
(6) Ordering psychological counseling and behavior correction;
(7) Ordering to participate in social service activities;
(8) to be ordered to accept social care, and social organizations and relevant institutions shall educate, supervise and control minors in appropriate places;
(9) Other suitability