Laws of the People's Republic of China

(Approved by the 10th Meeting of the Ninth
National People's CongressStanding
Committee on 28 June 1999)

SUBJECT:JUVENILES; CRIMINAL LAW

ISSUING-DEPT: NATIONAL PEOPLE'S CONGRESS

ISSUE-DATE: 06/28/1999

IMPLEMENT-DATE: 11/01/19799

LENGTH: 4027 words

TEXT:

Chapter I General Principles

Article 1. This law is formulated to guarantee the physical and mental wellbeing of juveniles, cultivate good conduct among juveniles, and effectively prevent juvenile delinquency.

Article 2. Education and protection from a young age shall be the basis for preventing juvenile delinquency, and unhealthy juvenile behavior shall be promptly prevented and corrected.

Article 3. The prevention of juvenile delinquency shall be tackled in a comprehensive manner under the organization and leadership of people's governments at all levels. Relevant government departments, judicial organs, people's organizations, relevant social groups, schools, families, urban neighborhood committees, rural villagers' committees, and others shall participate in, and respectively be responsible for, doing a good job in preventing juvenile delinquency, and shall create a good social environment for the healthy physical and mental development of juveniles.

Article 4. The duty of people's governments at all levels in preventing juvenile delinquency is (1) to draft work plans for preventing juvenile delinquency; (2) to organize and coordinate with public security; education; culture; press and publications; radio, film, and television; industry and commerce; civil affairs; justice administration; and other relevant government departments and social organizations in preventing juvenile delinquency ; (3) to inspect progress in enforcing this law and in implementing work plans; and (4) to sum up and spread the experience of preventing juvenile delinquency, and establish and commend advanced models.

Article 5. The different physiological and psychological characteristics of juveniles at different ages shall be taken into consideration when preventing juvenile delinquency, and intensive efforts shall be made to provide puberty education and psychological correction, and to study countermeasures for preventing delinquency.

Chapter 11 Education To Prevent Juvenile Delinquency

Article 6. We shall intensify juvenile education on ideals, morals, the legal system, patriotism, collectivism, and socialism. Juveniles who are of the age for compulsory education shall be educated on crime prevention while receiving compulsory education. The purpose of educating juveniles about crime prevention is to strengthen the concept of legal system among juveniles, so that the latter shall understand how law violation and criminal behavior can harm individuals, families, and society; understand the legal responsibility of law violation and criminal behavior; and thus foster an awareness of observing discipline and law and preventing law violation and crimes.

Article 7. Administrative departments of education and schools shall include crime‑prevention education as part of education on the legal system that shall be included in teaching plans for school education, and in line with the types of juvenile delinquency that are more common and frequent, they shall educate juveniles of different ages on crime prevention.

Article 8. Departments of judicial and educational administration, the Communist Youth Leagues [CYL], and young pioneers shall organize and hold exhibitions, report meetings, lectures, and all kinds of activities to prevent juvenile delinquency and publicize the legal system by taking the reality into consideration. Schools shall take the reality into consideration when holding activities in which education to prevent juvenile delinquency is the main part. Educational administration departments shall treat the results of educational work to prevent juvenile delinquency as an important part of school evaluations.

Article 9. Schools shall employ teachers who specialize or work part‑time in education on the legal system. Schools may employ legal instructors from outside the schools according to requirements.

Article 10. The parents and other guardians of juveniles are directly responsible for the juveniles' legal education. When schools educate students on crime prevention, they shall inform the parents and other guardians of juveniles about their educational plans, and the parents and guardians shall then take into consideration the schools' plans and conduct education according to specific situations.

Article 11. Children's palaces, teenagers' activities centers, and other after‑school activities sites shall regard education to prevent juvenile delinquency as an important part of their work, and carry out a variety of propaganda and educational activities.

Article 12. Vocational education and training organizations and personnel recruitment units shall include legal knowledge and crime‑prevention education in vocational training for juveniles who have reached the age of 16 but are under 18 years old, and who are getting ready to obtain employment.

Article 13. Urban neighborhood committees and rural villagers' committees shall actively carry out activities to publicize the legal system that are aimed at preventing juvenile delinquency.

Chapter III Preventing Unhealthy Juvenile Behavior

Article 14. The parents, other guardians, and schools of juveniles shall educate juveniles to refrain from the following types of unhealthy behavior: (1) cutting school and not returning home at night; (2) carrying tools made from pipes; (3) fighting, beating up, or hurling insults at others; (4) extorting belongings from others; (5) stealing and intentionally vandalizing property; (6) taking part in gambling or covert gambling; (7) watching or listening to pornographic or obscene audiovisual [AV] products or reading materials; (8) entering business‑oriented song and dance halls and other sites which the law and statutes stipulate are unsuitable for juveniles; and (9) other unhealthy behaviors that seriously violate social morals.

Article 15. The parents, other guardians, and schools of juveniles shall educate the latter to refrain from smoking and getting drunk. Business sites are not allowed to sell cigarettes and liquors to juveniles.

Article 16. The schools shall immediately contact the parents and other guardians of middle and primary school students who cut school. The parents, other guardians, or boarding schools of juveniles who go out without authorization and fail to return at night shall immediately search for and find the juveniles, or seek help from public security organs. People who let juveniles stay with them overnight without returning home shall seek the permission of the juveniles' parents or other guardians; immediately inform their parents, other guardians, or schools within 24 hours; or immediately report to public security organs.

Article 17. The parents, other guardians, and schools of juveniles who discover that the juveniles have formed or joined gangs that practice unhealthy behavior shall immediately stop the juveniles. They shall report to public security organs if they discover that the gangs display lawviolation and criminal behaviors.

Article 18. The parents, other guardians, and schools of juveniles shall report to public security organs upon discovering that some people are instigating, forcing, and luring the juveniles into violating law and committing crimes. After receiving reports, public security organs shall promptly investigate and handle the cases according to law, and shall promptly take effective measures to protect the juveniles' personal safety if it is threatened.

Article 19. The parents and other guardians of juveniles shall not allow juveniles under the age of 16 to break away from their guardianship and live alone.

Article 20. The parents and other guardians of juveniles shall not leave juveniles alone without attention, drive the [after away from home, or abandon their guardianship duty. The parents and other guardians of juveniles who run away from home shall promptly search for and find the latter, or seek help from public security organs.

Article 21. In the case the parents of juveniles are divorced, both parents have the duty to educate their children, and none of them shall neglect his or her duty to educate the children because of the divorce

Article 22. Stepparents and foster parents of juvenile stepchildren and foster children who are under their care and education shall perform the duty of parents, as stipulated in this law, in preventing their juvenile children from delinquency.

Article 23. Schools shall intensify education and management of juveniles who display unhealthy behaviors, but shall not discriminate against the latter.

Article 24. Educational administration departments and schools shall host all sorts of activities, including lectures, forums, and training sessions, aimed at the physiological and psychological characteristics of juveniles at different stages, and introduce good and effective educational methods that will guide the teachers, parents, and other guardians of juveniles to effectively preventing and correcting unhealthy juvenile behavior.

Article 25. Educational administration departments and schools shall dismiss or discharge teaching and administrative staff and workers who instigate, force, or lure juveniles into practicing unhealthy behavior or conduct; who have bad influence on the juveniles; and who are unfit for school jobs, and shall investigate and affix criminal responsibility on them if the latter's acts constitute a crime.

Article 26. One is not allowed to operate business‑oriented song and dance halls, electronic game parlors, and other sites unsuitable for juveniles near middle and primary schools. People's governments of provinces, autonomous regions, and municipalities directly under the central authorities shall determine the specific areas in which the ban on operating the aforementioned sites applies. Sites that are already operating near middle and primary schools before this law goes into effect shall relocate or stop their business within a certain period.

Article 27. Public security organs shall intensify public order administration around middle and primary schools, and promptly stop and handle law‑violating and criminal behavior that occur in the vicinity of middle and primary schools. Urban neighborhood committees and rural villagers' committees shall assist public security organs in successfully maintaining public order around middle and primary schools.

Article 28. Local public security stations, urban neighborhood committees, and rural villagers' committees shall keep abreast with situations concerning the schooling and employment of juveniles in transient population in areas directly under local authorities. They shall urge the parents or other guardians in the transient population of juveniles who practice unhealthy behaviors to educate and restrain the juveniles effectively.

Article 29. No one shall instigate, force, or lure juveniles into practicing the types of unhealthy behavior stipulated in this law, or provide conditions for juveniles to practice unhealthy behavior.

Article 30. Publications that target juveniles shall not carry contents that induce juveniles into committing crimes against the law, and contents that harm the physical and mental wellbeing of juveniles, such as those that play up violence, pornography, gambling, and terrorist activities.

Article 31. Units or individuals shall not sell or rent reading materials, AV products, or electronic publications that induce juveniles into committing crimes against the law, and that carry contents that harm the physical and mental wellbeing of juveniles, such as those that play up violence, pornography, gambling, and terrorist activities. Units or individuals shall not use communications, computer networks, or other methods to provide contents or information that harm the physical and mental wellbeing of juveniles, as stipulated in the previous Article.

Article 32. Radio, film, television, and theatrical performances shall not carry contents that harm the physical and mental wellbeing of juveniles, such as those that play up violence, pornography, gambling, and terrorist activities. Administrative departments of radio, film, and television, and culture must intensify management of radio, film, television, theatrical performance, and other performing and broadcasting sites.

Article 33. Signboards prohibiting the admission of juveniles shall be prominently displayed in business‑oriented song and dance halls and other places that are unsuitable for juveniles. Business‑oriented electronic game parlors shall not admit juveniles except during legally designated state holidays, and shall prominently display signboards that prohibit the admission of juveniles. Workers at the aforementioned sites can ask for identification cards in cases where it is difficult to judge whether a person has come of age.

Chapter IV Correcting Seriously Unhealthy Juvenile Behavior

Article 34. "Seriously unhealthy behavior" described in this law refers to the following types of law‑violating behavior that seriously harm society but do not qualify for criminal punishments: (1) gang up with others to cause trouble and disturb public order; (2) carry tools made from pipes, and keep doing the same thing even after repeated education; (3) repeatedly intercept, beat up, and extort belongings from others; (4) disseminate pornographic and obscene reading materials or AV products; (5) carry out promiscuous, sexual, or prostitution activities; (6) repeatedly steal things; (7) take part in gambling, and keep doing the same thing even after repeated education; (8) inhale or inject narcotics; and (9) other types of behavior that seriously harm society.

Article 35. Juveniles who display seriously unhealthy behavior as stipulated in this law shall be promptly stopped. The parents, other guardians, or schools of juveniles who display seriously unhealthy behavior as stipulated in this law shall coordinate with each other, take measures to sternly discipline the juveniles, or send the latter for correction and education in work‑study schools. The parents, other guardians, or original schools of juveniles shall apply to educational administration departments for approval before sending the juveniles to work‑study schools for correction and education.

Article 36. Work‑study schools shall sternly manage and educate juveniles who attend the schools. Besides setting up curricula that are similar to regular schools according to the requirements of the law of compulsory education, work‑study schools shall strengthen the contents of legal system education, and carry out corrective work in line with the root causes of seriously unhealthy juvenile behavior and the psychological features of juveniles who display seriously unhealthy behavior. Families and schools shall pay attention to and take good care of juveniles who attend work‑study schools, respect the latter's moral dignity, and shall not physically punish, abuse, or discriminate against them. Juveniles who graduate from work‑study schools shall enjoy equal rights as students who graduate from regular schools when entering higher schools and seeking employment, and shall not be discriminated against by units and individuals.

Article 37. Juveniles who display the types seriously unhealthy behavior that are stipulated in this law and that which constitute an act that violates public order administration, shall by law be given public security punishments by public security organs. Those who are exempted from punishments because they are under 14 years old or because their cases are particularly trifle may be reprimanded.

Article 38. The parents and other guardians of juveniles who are exempted from criminal punishments because the juveniles are under 16 years old shall be ordered to sternly discipline the juveniles; when needed, the government may take the juveniles in for education.

Article 39. Executive organs shall guarantee that juveniles will continue receiving cultural and legal knowledge, or vocational and technical training, during the period when the juveniles are taken in for education; the executive organs shall guarantee that juveniles who have not completed their compulsory education shall continue to receive compulsory education. Juveniles who are released after being taken in for education or after labor education shall enjoy the same rights as other juveniles in such aspects as resuming their interrupted studies, going to higher schools, or seeking employment, and shall not be discriminated against by units and individuals.

Chapter V Juveniles' Self‑Vigilance Against Crime

Article 40. Juveniles shall observe the law, statutes, and limits of social and public morals; foster a sense of self‑respect, self‑discipline, and self‑reliance; improve their ability to tell right from wrong and of self‑protection; and conscientiously resist the temptation and encroachment of unhealthy behavior and law‑violating criminal behavior.

Article 41. Juveniles who are abandoned or abused by their parents or other guardians have the right to seek protection from public security organs, civil affairs departments, the CYL, women's federations, organizations for the protection of juveniles, schools, urban neighborhood committees, and rural villagers' committee. The above departments or organizations whose protection has been sought shall accept the requests, and shall first take measures to provide assistance if the situation requires such assistance.

Article 42. Upon discovering that someone is practicing behavior or criminal behavior that is prohibited by Chapter III of this law on them or other juveniles, juveniles can report to public security organs or relevant responsible government departments through their schools, parents, or other guardians, or, they can report to the aforementioned organs themselves. Organs that receive the reports shall promptly investigate and handle the cases according to law.

Article 43. Judicial organs, schools, and society shall strengthen protection for juveniles who are struggling against or have reported on criminal behavior, and ensure that the juveniles will not be hit in retaliation. Chapter VI Preventing Juveniles From Returning To Crime

Article 44. We shall affix criminal responsibility on juveniles who have committed crimes, and practice the principle of education, persuasion, and correction, and persevere in the principle of education first and punishment second. When handling criminal cases involving juveniles, judicial organs shall guarantee that the juveniles exercise their litigation rights and receive legal aid, and educate them about the legal system according to their physiological and psychological characteristics. Juveniles who are subject to mandatory criminal measures shall not be struck off school rolls before decisions of the people's courts take effect.

Article 45. The trials of criminal cases involving juveniles by the people's courts shall proceed in juvenile courts that are legally formed by judges, or by judges and jurors, who are familiar with the physical and mental characteristics of juveniles. Cases involving crimes by juveniles who have reached 14 years old but are under 16 years old without exception shall not be tried publicly. Cases involving crimes by juveniles who have reached 16 years old but are under 18 years old generally shall not be tried publicly. News reports, films and television programs, publications for open circulation shall not reveal the names, addresses, and photographs of juveniles who are involved in criminal cases, or information that may reveal their identities.

Article 46. Juveniles who are detained, arrested, or given criminal punishments shall be locked up, managed, and educated separately from adults. During the period when juvenile criminals serve their criminal sentences, the responsible organs shall intensify education on the legal system for the juvenile criminals, and shall provide them with vocational and technical education. The responsible organs shall guarantee that juveniles who have not completed their compulsory education will continue to accept such education.

Article 47. The parents, other guardians, or schools of juveniles; urban neighborhood committees; and rural villagers' committees shall take effective measures to tutor juveniles who are exempted from criminal punishments because they are under the age of 16, who are exempted from criminal punishments, who have been given non‑prison sentences, who have been given a reprieve from criminal punishments, and who have been released on parole, and thus help judicial organs to successfully educate and rescue these juveniles. Urban neighborhood committees, and rural villagers' committees shall employ personnel who have left or retired from their offices and who have fine ideologies and moral character, moral integrity, and enthusiasm in juvenile education, or other personnel, to help successfully educate and rescue juveniles, according to stipulations in the previous Article.

Article 48. Juveniles who are by law exempted from criminal punishments, who have been given non‑prison sentences, who have been given a reprieve from criminal punishment, who have been released on parole, and who have completed their criminal sentences, shall enjoy equal rights as other juveniles when resuming their interrupted studies, entering higher schools, or seeking employment, and shall not be discriminated against by any unit or individual.

Chapter VII Legal Responsibility

Article 49. The parents or other guardians of juveniles who fail to perform guardianship duty, and who fail to interfere in the unhealthy or seriously unhealthy juvenile behavior as stipulated by this law, shall be reprimanded by public security organs, and ordered to sternly discipline the juveniles.

Article 50. Public security organs shall order the parents or other guardians of juveniles who violate Article 19 of this law by allowing juveniles under the age of 16 to break away from their guardianship and live alone to promptly mend their ways.

Article 51. Personnel of public security organs who violate Article 18 of this law by failing to promptly investigate or take effective measures after receiving reports shall be given disciplinary sanctions if they have seriously neglected their responsibilities, and affix criminal responsibility if their failure have led to serious consequences and constitute a crime.

Article 52. The publications administration departments shall confiscate publications, and illegal profits made therefrom, that carry contents that induce juveniles into committing crimes against the law, and that harm the physical and mental wellbeing of juveniles, such as those that play up violence, pornography, gambling, and terrorist activities, that are published in violation of Article 30 of this law, and shall impose a fine that is no less than three times but no more than 10 times the illegal profits made therefrom. In serious cases, the departments shall confiscate the publications and illegal profits, order the business stopped and rectified, or revoke the permits. The persons in charge who are directly responsible, and other people who are directly responsible, will be fined. Those who produce, reproduce, or disseminate juvenile publications with pornographic and obscene contents, or sell, rent, disseminate, or promote publications with pornographic and obscene contents to juveniles shall be given public security punishments according to law. If their acts constitute a crime, they will be affix criminal responsibility according to law.

Article 53. Those who sell or rent to juveniles, in violation of Article 31 of this law, reading materials, AV products, and electronic publications that induce juveniles into crime against the law, and that harm the physical and mental wellbeing of juveniles, such as those that play up violence, pornography, gambling, and terrorist activities, or, those who provide contents and information, via communications, computer networks, and other methods, that harm the physical and mental wellbeing of juveniles, shall have their reading materials, AV products, electronic publications, and illegal incomes confiscated, and fined by relevant competent government departments. Units which commit behavior described in the previous Article will have their reading materials, AV products, electronic publications, and illegal incomes confiscated, and will be fined, and the persons in charge who are directly responsible and other people who are directly responsible shall be fined.

Article 54. Theatres, video halls, and other performing and broadcasting places that show or perform programs that harm the physical and mental wellbeing of juveniles, such as those that play up violence, pornography, gambling, and terrorist activities, will have their illegally broadcast AV products and illegal incomes confiscated by relevant competent government departments, and shall be fined, and the persons in charge who are directly responsible and other people who are directly responsible shall also be fined. In serious cases, they will be ordered to stop business for rectification, and administrative departments of industry and commerce will revoke their business licenses.

Article 55. Business‑oriented song and dance halls and other sites unsuitable for juveniles, and business‑oriented electronic game parlors, that violate Article 33 of this law by not prominently displaying signboards prohibiting the admission of juveniles, or by allowing juveniles admission, shall be ordered to mend their ways, warned, ordered to stop business for rectification, confiscated their illegal incomes, and fined by cultural administration departments, and the persons in charge who are directly responsible or other persons who are directly responsible will be fined. If serious cases, they will be ordered to stop business for rectification, and have their business licenses revoked by administrative departments of industry and commerce.

Article 56. Those who instigate, force, or lure juveniles into practicing the unhealthy or seriously unhealthy behavior stipulated in this law, who provide the conditions for juveniles to practice unhealthy or seriously unhealthy behavior, and whose acts violate public security administration, shall be given public security punishments according to law by public security organs. If the acts constitute a crime, criminal responsibility will be affixed according to law.

Chapter Vill Supplementary Articles

Article 57. This law will take effect on 1 November 1999.