On the occasion of the 114th "March 8" International Women's Day, in order to further improve the legal literacy and ability of the women, continuously enhance the consciousness and initiative of women to respect the law, learn the law, abide by the law and use the law, effectively enhance the legal awareness and confidence of the broad masses of women, and protect the legitimate rights and interests of women and children, the Xiqiao Town Women's Federation opened a micro-class on law popularization during the "March 8" Rights Protection Week.
"Protection of Minors of the People's Republic of China**".
"Protection of Minors**".
Popular Science
What is the "Minor Protection**".
The People's Republic of China for the Protection of Minors is a law formulated in accordance with the Constitution to protect the physical and mental health of minors, protect the legitimate rights and interests of minors, promote the all-round development of minors' morality, intelligence, physical fitness, aesthetics, and labor, cultivate idealistic, moral, educated, and disciplined socialist builders and people, and cultivate new people of the era who take on the great task of national rejuvenation.
On October 17, 2020, the 22nd Session of the Standing Committee of the 13th National People's Congress revised the "People's Republic of China for the Protection of Minors**" for the second time, which came into force on June 1, 2021. The revised protection of minors is divided into general provisions, family protection, school protection, social protection, network protection, protection, judicial protection, legal responsibility and supplementary provisions, with a total of 132 articles in nine chapters.
General Provisions
In order to protect the physical and mental health of minors, protect the legitimate rights and interests of minors, promote the all-round development of minors' morality, intelligence, physical fitness, aesthetics, and labor, cultivate idealistic, moral, educated, and disciplined socialist builders and people, and cultivate new people of the era who take on the great task of national rejuvenation, a law formulated in accordance with the Constitution. Minors enjoy all rights equally in accordance with law, and are not discriminated against on the basis of ethnicity, race, sex, household registration, occupation, religious belief, education level, family status, physical and mental health status, and so forth, of themselves and their parents or other guardians.
Family protection
Parents should create a good, harmonious and civilized family environment
Article 15Minors' parents or other guardians shall learn about family education, accept family education guidance, and create a positive, harmonious, and civilized family environment. Other adult family members living together shall assist the minors' parents or other guardians in raising, educating and protecting the minors.
Parents are not allowed to practice "stick education".
Article 17Parents or other guardians of minors must not carry out the following acts:
1) Abating, abandoning, or illegally giving minors for adoption, or committing domestic violence against minors;
2) Permitting, instigating, or exploiting minors to carry out illegal or criminal conduct;
3) Allowing or instigating minors to participate in cults or superstitious activities, or to accept violations such as terrorism, ideology, or extremism;
4) Allowing or instigating minors to smoke (including e-cigarettes, the same below), drink alcohol, gamble, wander and beg, or bully others;
5) Allowing or forcing minors who should receive compulsory education to miss or drop out of school;
6) Allowing minors to become addicted to the internet, or to be exposed to books, newspapers, periodicals, films, radio and television programs, audiovisual products, electronic publications, online information, and so forth, that endanger or might impact their physical and psychological health;
7) Allowing minors to enter for-profit entertainment venues, bars, internet access service business sites, and other venues that are not suitable for minors' activities;
8) Permitting or compelling minors to engage in labor other than those provided for by the state;
9) Permitting or compelling minors to marry, or entering into marriage contracts for minors;
10) Unlawfully disposing of or embezzling minors' assets, or exploiting minors to seek improper benefits;
11) Other conduct that violates minors' physical and psychological health, property rights and interests, or failure to lawfully perform obligations to protect minors.
Parents are required to fulfill their guardianship obligations
Article 21Minors' parents or other guardians must not leave minors under the age of 8 or who need special care for physical or psychological reasons unsupervised, or place them in temporary care by persons who lack civil capacity, have limited civil capacity, suffer from serious infectious diseases, or are otherwise unsuitable.
Minors' parents or other guardians must not allow minors under the age of 16 to live alone from their guardianship.
Parents must entrust guardianship when they go out
Article 22Where minors' parents or other guardians are unable to fully perform guardianship duties within a set period of time due to reasons such as going out to work, they shall retain a person with full capacity for civil conduct who has the capacity to care for them to take care of them on their behalf; Where there is no legitimate reason, others must not be entrusted to take care of them on their behalf.
When determining the person to be retained, the parents or other guardians of minors shall comprehensively consider circumstances such as their moral character, family status, physical and psychological health, and emotional connection to the minor's life, and hear the opinions of the minor who has the ability to express their wishes.
Parents should take the initiative to strengthen home-school communication
Article 23Minors' parents or other guardians shall promptly inform the minors' schools, kindergartens, and residents' committees and villagers' committees for their actual place of residence in writing of the circumstances of the entrusted care, and strengthen communication with the minors' schools and kindergartens; Contact and communicate with minors and entrusted persons at least once a week to understand the minors' life, study, psychology, and other such circumstances, and give them family affection and care.
After minors' parents or other guardians receive notice from the entrusted person, residents' committees, villagers' committees, schools, kindergartens, and so forth about minors' psychological or behavioral abnormalities, they shall promptly employ intervention measures.
School protection
Corporal punishment or covert corporal punishment of minor students shall not be permitted
Article 27Teachers and staff of schools and kindergartens shall respect the personal dignity of minors, and must not carry out corporal punishment, covert corporal punishment, or other acts that insult the personal dignity of minors.
The right to education of minor students is guaranteed in accordance with the law
Article 28Schools shall safeguard the right of minor students to receive an education, and must not violate state provisions by expelling or covertly expelling minor students.
Schools shall register minor students who have dropped out of school and persuade them to return to school if they have not completed compulsory education; Where persuasion is ineffective, a written report shall be promptly made to the administrative departments for education.
Care for underage students
Article 29Schools shall care for and care for minor students, and must not discriminate against students on the basis of family, physical, psychological, or academic ability. Care shall be provided for students with family difficulties or physical and mental disabilities; Students with abnormal behavior or learning difficulties should be patiently helped.
Schools shall cooperate with the relevant departments to establish information archives for left-behind minor students and minor students in difficulty, and carry out care and support efforts.
Formulate emergency response plans
Article 37Schools and kindergartens shall, as needed, formulate plans for responding to emergencies and accidental injuries such as natural disasters, accidents, and public health incidents, and equip them with appropriate facilities and conduct necessary drills on a regular basis.
Where minors have personal injury accidents on campus or in kindergartens, or during off-campus or off-campus activities organized by the school or kindergarten, the school or kindergarten shall immediately provide first aid, properly handle it, promptly notify the minors' parents or other guardians, and report to the relevant departments.
Resolutely put an end to bullying in schools
Article 39Schools shall establish work systems for the prevention and control of student bullying, and carry out education and training on the prevention and control of student bullying for faculty, staff, students, and so forth.
Schools shall immediately stop students' bullying conduct, and notify the parents or other guardians of the minor students who were bullied to participate in the identification and handling of the bullying conduct; Provide psychological counseling, education and guidance to relevant minor students in a timely manner; Give necessary family education guidance to the parents or other guardians of relevant minor students.
Schools shall strengthen discipline of minor students who carry out bullying in accordance with law based on the nature and extent of the bullying conduct. Schools must not conceal serious bullying conduct, and shall promptly report it to the public security organs and administrative departments for education, and cooperate with the relevant departments to handle it in accordance with law.
Resolutely put an end to sexual harassment
Article 40Schools and kindergartens shall establish work systems for preventing harm and sexual harassment of minors. Schools and kindergartens must not conceal illegal and criminal conduct such as harming or sexually harassing minors, and shall promptly report it to the public security organs and administrative departments for education, and cooperate with the relevant departments to handle it in accordance with law.
Schools and kindergartens shall carry out sex education appropriate to minors' age, increasing minors' awareness and ability to protect themselves from harm and sexual harassment. Schools and kindergartens shall promptly employ relevant protective measures for minors who have suffered harm or sexual harassment.
Social protection
Care for minors
Article 42The entire society shall establish a positive practice of caring for and caring for minors.
The state encourages, supports, and guides people's organizations, enterprises, public institutions, social organizations, and other organizations and individuals to carry out social activities and services conducive to the healthy growth of minors.
Supervise parents in performing guardianship duties in accordance with law
Article 43Residents' committees and villagers' committees shall set up special personnel and posts to be responsible for efforts on the protection of minors, assist relevant departments in publicizing laws and regulations on the protection of minors, guide, assist, and supervise minors' parents or other guardians in performing guardianship duties in accordance with law, establish information archives for left-behind minors and minors in difficulty, and give care and support.
Residents' committees and villagers' committees shall assist the relevant departments in overseeing the entrusted care of minors, and shall promptly report to the relevant departments when discovering situations such as the entrusted person lacking the ability to care or neglecting to perform care duties, and inform the minors' parents or other guardians, to help and urge the entrusted person to perform their care duties.
It is prohibited to abduct, kidnap, abuse, or illegally adopt minors
Article 54It is prohibited to abduct, sell, kidnap, abuse, or illegally adopt minors, and it is prohibited to carry out harm or sexual harassment of minors.
It is prohibited to coerce, entice, or instigate minors to participate in *** organizations or engage in illegal or criminal activities.
It is forbidden to coerce, deceive, or exploit minors to beg.
Public places should set up systems or measures for the protection of minors
Article 56Public venues where minors are concentrated shall comply with national or industry security standards, and employ corresponding safety protection measures. Facilities that may have safety risks shall be maintained regularly, and safety warning signs shall be set up in conspicuous positions and the appropriate age range and precautions shall be indicated; When necessary, special personnel shall be arranged to supervise them.
Large-scale shopping malls, supermarkets, hospitals, libraries, museums, science and technology museums, amusement parks, stations, docks, airports, tourist attractions, and other such venues shall set up security alert systems for searching for lost minors. After receiving a request for help, the site operating unit shall immediately activate the security alarm system, organize personnel to conduct a search, and report to the public security organs.
When emergencies occur in public places, priority shall be given to the rescue of minors.
The hotel shall verify the identity of the minor
Article 57When hostels, guesthouses, hotels, and other lodging operators accept minors to stay at the hotel, or when they accept minors and adults to stay together, they shall inquire about the identity and relationship of the parents or other guardians of the occupants; Where suspected violations or crimes are discovered, they shall immediately report it to the public security organs, and promptly contact the minors' parents or other guardians.
Article 58Venues unsuitable for minors, such as for-profit entertainment venues, bars, and internet access service business sites, must not be set up in the vicinity of schools and kindergartens. Operators of for-profit singing and dancing entertainment venues, bars, internet access service business sites, and other activity venues that are not suitable for minors must not allow minors to enter; Electronic game equipment set up by amusement and entertainment venues must not be provided to minors except on national statutory holidays. Business operators shall set up signs prohibiting or restricting minors from entering in conspicuous locations; Where it is difficult to determine whether they are minors, they shall be required to present their identity documents.
It is forbidden to sell controlled knives, alcohol, tobacco, lottery tickets, etc. to minors
Article 59Schools, kindergartens shall not be set up around tobacco, alcohol, lottery sales outlets. It is forbidden to sell cigarettes, alcohol, lottery tickets to minors, or to redeem lottery prizes. Tobacco, alcohol, and lottery operators shall set up signs in conspicuous locations that do not sell tobacco, alcohol, or lottery tickets to minors; Where it is difficult to determine whether they are minors, they shall be required to present their identity documents.
No one is allowed to smoke or drink alcohol in schools, kindergartens, and other public places where minors gather for activities.
Article 60It is prohibited to provide or sell controlled knives or other equipment that may cause serious injury to minors. Where it is difficult for business operators to determine whether the purchaser is a minor, they shall be required to present their identity documents.
Network Protection
Encourage online services that are conducive to the healthy growth of minors
Article 65The state encourages and supports the creation and dissemination of online content that is conducive to the healthy growth of minors, and encourages and supports the research and development, production, and use of online technologies, products, and services that specifically target minors and are suitable for the physical and psychological health characteristics of minors.
Article 66Internet information departments and other relevant departments shall strengthen oversight and inspections of efforts to protect minors online, lawfully punish the use of the internet to engage in activities that endanger minors' physical and psychological health, and provide minors with a safe and healthy online environment.
Prevent minors from becoming addicted to the Internet
Article 68Departments such as for press and publication, education, health, culture and tourism, and internet information shall periodically carry out publicity and education on preventing minors from becoming addicted to the internet, oversee the performance of obligations by providers of online products and services to prevent minors from becoming addicted to the internet, and guide families, schools, and social organizations to cooperate with each other and employ scientific and reasonable methods to prevent and intervene in minors' addiction to the internet.
Minors' addiction to the internet must not be interfered with by any organization or individual in a manner that harms minors' physical and psychological health.
Employ online technology measures to protect minors
Article 69Internet access service facilities provided to minors by schools, communities, libraries, cultural centers, youth palaces, and other venues shall install software for the protection of minors' networks or employ other technical measures for security protection.
Manufacturers and sellers of smart terminal products shall install online protection software for minors on the products, or inform users in a conspicuous manner of the channels and methods for installing online protection software for minors.
Minors are not allowed to bring mobile phones and other smart terminal products into the school
Article 70Schools shall reasonably use the Internet to carry out teaching activities. Without the permission of the school, minor students must not bring mobile phones and other smart terminal products into the classroom, and those brought into the school shall be uniformly managed.
Where schools discover that minor students are addicted to the internet, they shall promptly inform their parents or other guardians, and jointly educate and guide the minor students, and help them return to normal study and life.
Network services should set up a restriction mechanism for minors
Article 74Providers of online products and services must not provide minors with products and services that induce them to become addicted.
Online service providers such as online games, online livestreaming, online audio**, and online social networking shall set up functions such as time management, authority management, and consumption management for minors' use of their services.
** educational network products and services that target minors must not insert links to online games, and must not push advertisements and other information unrelated to teaching.
Article 75Online games can only be operated after approval in accordance with law.
The state is to establish a uniform electronic identity authentication system for minors in online games. Online gaming service providers shall require minors to register and log in to online games with their real identity information.
Online gaming service providers shall follow relevant state provisions and standards to categorize game products, make age-appropriate reminders, and employ technical measures, and must not allow minors to have access to inappropriate games or game functions.
Online gaming service providers must not provide online gaming services to minors between 22 p.m. and 8 p.m. the following day.
Protection
**Special classes or posts for the protection of minors shall be set up
Article 81The functional departments of people's ** at the county level or above undertaking specific work on coordination mechanisms for the protection of minors shall clarify the relevant internal bodies or specialized personnel, and be responsible for undertaking efforts on the protection of minors.
Township people's ** and neighborhood offices shall establish work stations for the protection of minors or designate specialized personnel to promptly handle matters related to minors; Support and guide residents' committees and villagers' committees in setting up special personnel and posts, and do a good job of efforts to protect minors.
** The right of minors to education should be guaranteed
Article 83All levels of people** shall ensure minors' right to receive education, and employ measures to ensure that left-behind minors, minors in difficulty, and minors with disabilities receive compulsory education.
The administrative departments for education shall order their parents or other guardians to send minor students who have dropped out of school to receive compulsory education for minor students who have not yet completed compulsory education.
** Special schools should be guaranteed operating conditions
Article 86All levels of people** shall ensure that minors with disabilities who have the ability to receive ordinary education and are able to adapt to campus life receive education in the nearest ordinary school or kindergarten; Ensure that minors with disabilities who do not have the ability to receive ordinary education receive pre-school, compulsory education, and vocational education in special education schools and kindergartens.
The people at all levels shall ensure the conditions for running and running special education schools and kindergartens, and encourage and support social forces in establishing special education schools and kindergartens.
Judicial protection
Public, procuratorate, and judicial organs shall protect the lawful rights and interests of minors
Article 100Public security organs, people's procuratorates, people's courts, and judicial administrative departments shall perform their duties in accordance with law to protect the lawful rights and interests of minors.
Cases involving minors should be handled by a special class
Article 101Public security organs, people's procuratorates, people's courts, and judicial administrative departments shall designate specialized bodies or designate specialized personnel to be responsible for handling cases involving minors. Personnel handling cases involving minors shall undergo special training and be familiar with the physical and psychological characteristics of minors. Specialized agencies or specialized personnel shall have female staff.
Public security organs, people's procuratorates, people's courts, and judicial administrative departments shall carry out evaluation and evaluation standards for the above-mentioned institutions and personnel that are appropriate to efforts on the protection of minors.
The court may deprive the parents of their guardianship rights in accordance with the law
Article 108Where minors' parents or other guardians do not lawfully perform guardianship duties or seriously infringe upon the lawful rights and interests of minors under guardianship, the people's courts may lawfully issue a personal safety protection order or revoke guardianship qualifications on the basis of an application by relevant persons or units.
Parents or other guardians whose guardianship qualifications have been revoked shall continue to bear the cost of child support in accordance with law.
The trial of cases involving minors shall protect the privacy of minors
Article 110Public security organs, people's procuratorates, and people's courts interrogating juvenile criminal suspects or defendants, and questioning juvenile victims or witnesses, shall lawfully notify their legally-designated persons, their adult relatives, representatives of their schools, and other appropriate adults to appear, and employ appropriate methods and conduct them in appropriate venues, to protect minors' rights to reputation, privacy, and other lawful rights and interests.
In the people's courts** hearing cases involving minors, minor victims and witnesses generally do not appear in court to testify; Where it is necessary to appear in court, protective measures such as technical means and psychological interventions to protect their privacy shall be employed.
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