Article 1 This Law is enacted in accordance with the Constitution for the
purpose of protecting the physical and mental health of minors, safeguarding
their lawful rights and interests, promoting their all- round
development-morally, intellectually and physically, and training them into
successors to the socialist cause with lofty ideals, sound morality, better
education and a good sense of discipline.
Article 2 Minors as used in this Law refer to citizens under the age of
Article 3 The State, society, schools and families shall educate minors in
ideals, morality, culture, discipline and legal system as well as in patriotism,
collectivism, internationalism and communism, foster among them the social
ethics of loving the motherland, the people, labour, science and socialism, and
fight against the corrosive influences of bourgeois, feudal and other decadent
Article 4 The protection of minors shall follow the following principles:
(1) Safeguarding the lawful rights and interests of minors;
(2) Respecting the personal dignity of minors;
(3) Fitting in with the characteristics of minors' physical and mental
(4) Combining education with protection.
Article 5 The State shall protect the rights of the person and property as
well as other lawful rights and interests of minors from violation.
To protect minors is the common responsibility of State organs, armed forces,
political parties, social organizations, enterprises and institutions,
self-governing organizations of mass character at grass- roots levels in urban
and rural areas, guardians of minors and other adult citizens.
Any organization or individual shall have the right to dissuade or stop any
act encroaching upon the lawful rights and interests of minors, or report to or
complain before a department concerned thereagainst.
The State, society, schools and families shall educate and help minors to
safeguard their lawful rights and interests by legal means.
Article 6 State organs at the central and local levels shall, within the scope
of their functions and responsibilities, ensure the protection of minors.
The State Council and the people's governments of the provinces, autonomous
regions and municipalities directly under the Central Government shall adopt
organizational measures according to needs to coordinate the departments
concerned in their efforts to ensure the protection of minors.
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 various levels in
ensuring the protection of minors and safeguarding their lawful rights and
Article 7 The people's governments at various levels and departments concerned
shall give awards to organizations and individuals that have made outstanding
achievements in the protection of minors.
Article 8 The parents or other guardians of minors shall fulfil their
responsibility of guardianship and their obligations according to law to bring
up the minors. They shall not maltreat or forsake the minors, nor shall they
discriminate against female or handicapped minors. Infanticide and
infant-abandoning shall be forbidden.
Article 9 The parents or other guardians of minors shall respect the minors'
right to receive education, must ensure to the minors of school age the
compulsory education as provided by relevant regulations, and shall not make
minors receiving compulsory education at school discontinue their schooling.
Article 10 The parents or other guardians of minors shall cultivate the minors
in sound ideology and conduct by appropriate methods, guide them to undertake
activities that are conducive to their physical and mental development, prevent
and stop them from smoking, excessive drinking, leading a vagrant life,
gambling, drug-taking or prostitution.
Article 11 The parents or other guardians of minors may not permit or force
the minors to marry, nor may they undertake an engagement for the minors.
Article 12 The parents or other guardians of minors who refuse to perform
their duties as guardians or encroach upon the lawful rights and interests of
the minors under their guardianship shall bear the responsibility therefor
according to law.
Where the parents or other guardians of minors commit any act specified in the
preceding paragraph and refuse to mend their ways after education, the people's
court may, upon application by the person(s) or unit(s) concerned, disqualify
them as guardians and designate guardians anew in accordance with the provisions
in Article 16 of the General Principles of the Civil Law.
Article 13 Schools shall comprehensively implement the State policy for
education and conduct moral, intellectual, physical, aesthetic and labour
education among the minor students, and give them guidance in social life as
well as education in puberty knowledge.
Schools shall show concern for and take good care of the minor students; with
respect to those who have shortcomings in conduct or difficulties in study,
schools shall give patient education and help, and may not discriminate against
Article 14 Schools shall respect the minor students' right to receive
education and may not arbitrarily expel any minor students from schools.
Article 15 Teaching and administrative staff in schools and kindergartens
shall respect the personal dignity of the minors, and may not enforce corporal
punishment or corporal punishment in disguised forms, or any other act that
humiliates the personal dignity of the minors.
Article 16 Schools may not let the minor students engage in any activity in
school buildings or in any other educational and teaching facilities that are
dangerous to their personal safety and health.
No organization or individual may disrupt the order of teaching in schools,
occupy or damage school ground, housing and installations.
Article 17 Collective activities organized by schools and kindergartens for
minor students and children, such as taking part in rallies, recreational
activities and social practices, shall be conductive to the sound growth of
minors; accidents endangering personal safety shall be prevented.
Article 18 In respect of minors who are sent to work-and-study schools to
receive compulsory education pursuant to relevant regulations of the State, the
work-and-study schools shall conduct among such minors ideological, cultural,
labour skill and vocational education.
Teaching and administrative staff in work-and-study schools shall show concern
for, take good care of and respect the students and may not discriminate against
or detest such students.
Article 19 Kindergartens shall do a good job in nursing care and education so
as to promote the harmonious development of the children in physique,
intellectual ability and moral values.
Article 20 The State shall encourage social organizations, enterprises,
institutions and other organizations and citizens to hold various forms of
social activities that are conducive to the sound growth of minors.
Article 21 People's governments at various levels shall create conditions to
establish and improve places and facilities suited to the needs of minors for
Article 22 Museums, memorial halls, scientific and technological centres,
cultural centres, cinemas and theatres, stadiums and gymnasiums, zoos, parks and
other similar places shall be open to secondary school students and primary
school pupils on preferential basis.
Article 23 In respect of places, such as commercial dancing halls that are not
appropriate for minors to take part in the activities therein, the competent
departments and business managers shall take measures to ensure that no
admission shall be given to minors.
Article 24 The State shall encourage units of the press, publication,
broadcasting, film and television, art and literature, as well as writers,
scientists, artists and other citizens to create or provide works beneficial to
the sound growth of minors. The State shall render support to the publication of
books, newspapers, magazines and audio- visual products specially catering to
Article 25 It shall be strictly prohibited for any organization or individual
to sell, rent, or disseminate by any other means to minors, books, newspapers,
magazines or audio-visual products of pornography, violence, wanton killing and
terror that are pernicious to minors.
Article 26 Food, toys, utensils and amusement facilities for children may not
be harmful to children's safety and health.
Article 27 No person may smoke in the classrooms, dormitories and recreational
rooms of secondary and primary schools, kindergartens, as well as any other
indoor places where minors gather for activities.
Article 28 No organization or individual may hire any minor under the age of
sixteen, except as otherwise provided by the State.
Any organization or individual that recruits according to relevant regulations
of the State minors over the age of sixteen but under eighteen shall, in respect
of the types of jobs, duration of time and intensity of labour as well as
protective measures, follow the relevant regulations of the State and may not
assign them to any overstrenuous, poisonous or harmful labour or any dangerous
Article 29 In respect of minors who wander about and go begging or those who
flee from their homes, the civil affairs departments or other departments
concerned shall take the responsibility to send them back to their parents or
other guardians; with regard to those whose parents or guardians cannot be
ascertained for the time being, the welfare organizations for children
established by the civil affairs departments shall accept and take care of them.
Article 30 No organization or individual may disclose the personal secrets of
Article 31 No organization or individual may conceal, destroy or discard mail
of any minor. Except when the inspection of mail in accordance with legal
procedures by the public security organs or the people's procuratorates is
necessary for the investigation of a criminal offence, or when the opening of
mail of a minor without capacity is done on his or her behalf by the parents or
other guardians, no organization or individual may open mail of any minor.
Article 32 Departments of public health and schools shall provide minors with
necessary sanitary and health-care conditions and make efforts to prevent
Article 33 Local people's governments at various levels shall make efforts to
develop child-care undertakings and strive to run nurseries and kindergartens
well, encourage and support State organs, social organizations, enterprises and
institutions as well as other sectors of society to establish nursing rooms,
nurseries and kindergartens, advocate and support the establishment of household
Article 34 Departments of public health shall, in relation to children,
establish a preventive inoculation certificate system, make efforts to prevent
common and frequently-occurring diseases among children, strengthen supervision
and control over the prevention and treatment of infectious diseases and give
more effective professional guidance to sanitation and health-care work in
nurseries and kindergartens.
Article 35 People's governments at various levels and departments concerned
shall, through various forms, foster and train child-care and teaching staff in
nurseries and kindergartens, and strengthen political, ideological and
professional education thereto.
Article 36 The State shall protect according to law the intellectual
achievements and the right of honour of minors from encroachment.
For minors who have shown unusual talent or made outstanding achievements, the
State, society, families and schools shall create conditions favourable to their
Article 37 In respect of minors who have completed the prescribed length of
schooling in terms of compulsory education and will not receive education at a
higher level, the relevant governmental departments, social organizations,
enterprises and institutions shall, in line with the actual conditions, train
them in vocational skills and create conditions for their engagement in labour
Article 38 In respect of delinquent minors, the policy of education,
persuasion and redemption shall be implemented and the principle of taking
education as the main method and punishment as the subsidiary shall be upheld.
Article 39 In respect of minors reaching the age of fourteen who have
committed crimes but are not subject to criminal punishment because they have
not yet reached the age of sixteen, their parents or other guardians shall be
ordered to subject them to discipline; when necessary, such minors may also be
taken in for rehabilitation by the government.
Article 40 Public security organs, people's procuratorates and people's courts
shall, in dealing with cases involving crimes committed by minors, take their
physical and mental characteristics into consideration, and may, in line with
needs, set up special organs or designate special persons to handle such cases.
Public security organs, people's procuratorates, people's courts and
reformatories for juvenile delinquents shall respect the personal dignity of the
delinquent minors and safeguard their lawful rights and interests.
Article 41 Public security organs, people's procuratorates and people's courts
shall guard minors under custody, pending trial, separately from adults under
Minors who are sentenced to fixed-term imprisonment by the people's courts
shall be housed and guarded separately from adults serving their sentences.
Article 42 All cases involving crimes committed by minors over fourteen years
old but under sixteen shall not be tried publicly. Cases involving crimes
committed by minors over sixteen years old but under eighteen shall, in general,
not be tried publicly.
With regard to cases involving crimes committed by minors, the names, home
addresses and photos of such minors as well as other information which can be
used to deduce who they are, may not be disclosed, before the judgment, in news
reports, films, TV programmes and in any other openly circulated publications.
Article 43 The families, schools and other units concerned shall coordinate,
in educating and redeeming the delinquent minors, with the reformatories for
juvenile delinquents and other similar units where the delinquent minors are
Article 44 Minors who are exempt from prosecution by the people's
procuratorates, from criminal punishment by the people's courts, or the
execution of whose sentence is announced suspended by the people's court, and
minors who have been released from reformatory custody or have served their
terms of imprisonment shall not be discriminated against in respect of resuming
schooling, entering a higher school or employment.
Article 45 The people's courts shall, in handling cases concerning
inheritance, protect the minors' right of inheritance according to law.
In handling cases of divorce, if disputes arise between the two parties
concerned over the support of the minor child or children and no agreement can
be reached, the people's courts shall make judgment in accordance with the
principle of safeguarding the rights and interests of the child or children and
in light of the specific conditions of the two parties concerned.
Article 46 Where the lawful rights and interests of a minor is infringed, the
infringed or his or her guardians shall have the right to request the department
concerned to deal with the matter or bring a suit in a people's court according
Article 47 Whoever has encroached upon the lawful rights and interests of a
minor and caused him or her losses in property or other losses or harms shall
compensate for the losses or bear other civil liabilities according to law.
Article 48 Where teaching and administrative staff in schools, nurseries or
kindergartens subject minor students or children to corporal punishment or
corporal punishment in disguised forms, and if the circumstances are serious,
disciplinary sanctions shall be given by their units or the authorities at
Article 49 Where enterprises, institutions or individual industrialists and
businessmen illegally hire minors who have not reached the age of sixteen, the
relevant labour departments shall order such units or individuals to make
corrections and shall impose fines on them; if the circumstances are serious,
the relevant administrative departments for industry and commerce shall revoke
their business licenses.
Article 50 Where commercial dancing halls or other similar places not
appropriate for minors to participate in the activities therein give admission
to minors, the competent departments shall order such units to make corrections,
and may impose fines on them.
Judicial personnel who, in violation of the rules or regulations on prison
management, subject imprisoned minors to corporal punishment or maltreatment,
shall be investigated for criminal responsibility in accordance with the
provisions in Article 189 of the Criminal Law.
Where a person has the obligation to support a minor but refuses to do so, and
if the circumstances are flagrant, criminal responsibility shall be investigated
in accordance with the provisions in Article 183 of the Criminal Law.
Whoever commits infanticide shall be investigated for criminal responsibility
in accordance with the provisions in Article 132 of the Criminal Law.
Whoever, while fully aware of the school buildings being in danger of
collapse, does not take any measures, thus resulting in the collapse of the said
buildings and causing injuries or death, shall be investigated for criminal
responsibility in accordance with the provisions in Article 187 of the Criminal
Article 53 Whoever instigates a minor to break law or commit criminal offences
shall be given heavier punishment according to law.
Whoever lures, instigates or forces a minor to take or inject drugs or engage
in prostitution shall be given heavier punishment according to law.
Article 54 A party concerned, if not satisfied with the decision on
administrative sanctions made according to this Law, may first apply for
reconsideration to an administrative organ at a higher level or to an
administrative organ prescribed by relevant laws or regulations. If still not
satisfied with the reconsideration decision, the party may bring a suit in a
people's court. The party may also directly bring a suit in a people's court.
Where the relevant laws or regulations prescribe that the party concerned shall
first apply to the administrative organ for reconsideration, and, if not
satisfied with the reconsideration decision, then bring a suit in a people's
court, such laws or regulations shall be complied with.
If a party, within the prescribed period, neither applies for reconsideration
of the decision on administrative sanctions, nor brings a suit in a people's
court, nor complies with the decision, the organ which has made the punitive
decision may either apply to a people's court for compulsory execution, or
enforce the decision according to law.
Article 55 Departments concerned under the State Council may formulate on the
basis of this Law relevant regulations, which shall be submitted to the State
Council for approval before implementation.
The standing committees of the people's congresses of the provinces,
autonomous regions and municipalities directly under the Central Government may,
on the basis of this Law, formulate measures for implementation.
Article 56 this law shall enter into force as of January ,1, 1992.