Measures
of Shenzhen Special Economic Zone on Implementing the Law of the
People' s Republic of
China on the Protection of Minors
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(Adopted
at the 10th meeting of the Standing Committee of the Second
Shenzhen Municipal People'
s Congress on September 4, 1996.
As revised at the 28th meeting of the Standing Committee of the
Third Shenzhen Municipal People'
s Congress on October 28, 2003
and the 31st meeting of the Standing Committee of the Third
Shenzhen
Municipal People' s Congress on April 14, 2004.)
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Article
1
In order to implement the Law of the People' s Republic of
China on the Protection of Minors, safeguard
the legal rights
and interests of minors and protect their physical and mental
health, these measures
are formulated in accordance with the
actual circumstances of Shenzhen Special Economic Zone
(hereinafter
referred to as the special zone). |
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Article
2
The Shenzhen municipal, district and town people' s governments
shall attach importance to and
accomplish the work of protecting
minors.
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The
competent department of education shall take charge of
protecting minors in school according
to relevant law,
regulations and these measures. |
The
competent department of labor shall take charge of protecting
employed minors according to relevant
law, regulations and these
measures.
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The
competent departments of public security, culture, industry and
commerce, and civil affairs
shall take charge of protecting
minors within their respective powers and duties. |
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Article
3
Parents, other guardians or schools shall strictly perform their
obligations stipulated by law
or regulations, perform their
duties of protecting minors earnestly, and protect minors for
healthy
growth. |
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Article
4
The Shenzhen Communist Youth League Committee and its
organizations at all levels (hereinafter
referred to as the
Communist Youth League organ) shall safeguard minors' legal
rights and interests,
coordinate with relevant department in
protecting minors, put forward opinions and suggestions on
important matters concerning the protection of minors, and have
the right to require or coordinate with relevant
department to
investigate and deal with the activity infringing upon minor' s
legal rights and
interests. |
The
Communist Youth League organ may provide legal aid to minors,
such as legal consultation, representation
of parties to court
or non-litigious representation. |
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Article
5
Trade unions, women' s federations, other relevant social
organizations, mass organizations of
self-government at basic
level, enterprises, public institutions and adult citizens have
the responsibility
of protecting minors. |
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Article
6
No organization or individual may infringe upon minors' legal
rights and interests, or commit
the activity damaging minors'
physical or mental health. All organizations and individuals
shall
stop the activity infringing upon minors' legal rights
and interests, or complain to relevant department or unit. |
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Article
7
Minors shall strengthen the consciousness and ability of
self-protection, comply with law, disciplines
and social
morality, and impeach, accuse or complain the activity
infringing upon their legal rights
and interests according to
law. |
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Article
8
Relevant departments and units shall earnestly deal with the
complaints about the infringement
upon minors' legal rights
and interests. |
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Article
9
Parents and other guardians shall perform the obligation of
bringing up minors, guarantee their
right of receiving
compulsory education stipulated by law, and shall educate,
cultivate and guide
them to form sound idea and good behavior. |
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Article
10
Parents and other guardians shall protect minors from personal
infringement, may not maltreat or
abandon them, and may not
discriminate the female or disabled minors. |
Parents
and other guardians shall respect minors' privacy right and
personal dignity, may not conceal,
read or discard their
letters, and may not read their diaries without their consent. |
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Article
11
The parent or other guardian, who cannot perform his
guardianship duty normally because of special
reason, shall
entrust a person with guardianship competence to act as a
guardian. |
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Article
12
Parents and other guardians shall comply with the following
provisions: |
(1)
they may not allow a minor to live alone in the separate
residence other than the family; |
(2)
they may not allow a minor under the age of 16 to wander outside
late at night; |
(3)
they may not leave an infant or child alone in a room or outside
the house without any safety
or guardianship measure; |
(4)
they may not provide any motor vehicle for a minor to drive; ; |
(5)
they shall report to the local public security organ in time
when a minor runs away from home
for more than 24 hours and
nobody knows his whereabouts. |
Parents
and other guardians shall adopt effective measures to prevent or
stop minors from committing
the activity harmful to their
physical or mental health. |
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Article
13
The Communist Youth League organ, mass
organizations of self-government at basic level, minors'
parents
and other guardians shall organize and guide the minors,
who have finished the compulsory education and reached
the age
of 16, to participate in certain social activity. |
The
competent department of labor or other relevant unit shall
organize the minors stipulated in
the preceding paragraph to
receive vocational and technical training. |
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Article
14
The municipal, district and town people' s governments and
subdistrict offices shall set up the
equipments and places
suitable for minors to exercise on a scheduled basis. |
The
pubic places for recreation and sport, such as the library,
museum, exhibition center, science
and technology hall, cultural
center, juvenile' s palace, art gallery, movie theatre, stadium
(gymnasium),
park, zoo and botanical garden, shall be open to
the primary and middle school students at favorable prices. |
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Article
15
The competent department of education and schools shall develop
legal and moral educations on a
scheduled basis, work out and
strictly implement the rules and systems to prevent and stop
minor
students from participating in or committing the activity
harmful to their physical or mental health. The schools
and
public security agency shall strengthen the protection of
minors, stop and crack down the activity
infringing upon the
minor students' legal rights and interests. |
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Article
16
The teaching and administrative staffs in schools or
kindergartens may not commit any activity infringing upon the
physical, mental health or personal dignity of minor students or
children, such as physical punishment,
physical punishment in
disguised form, sneer, abuse or threaten. |
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Article
17
The school and its teaching and administrative staffs shall
implement the regulations on class
hour and school assignment
made by the national competent department of education, may not
arbitrarily
increase minor students' burden of school work,
and shall guarantee the time for them to rest, exercise or take
part in extracurricular activity. |
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Article
18
Schools or kindergartens shall provide minor students or
children with necessary sanitation and
health protection,
equipments and places for rest, cultural recreation, sport or
extracurricular
activity. |
The
schools' equipments and places stipulated in the preceding
paragraph shall be open to minor
students regularly in
vacations. |
The
equipments and places stipulated in the first paragraph shall
not be occupied or changed for
other use. |
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Article
19
The school shall adopt necessary safety measures to guarantee
minor students' safety when organizing
them to participate in
the social activity out of the school. The traffic competent
department
of public security shall set up the sign showing that
there are pupils crossing and vehicles shall slow down, and
paint zebra crossing at the traffic crossing near the school or
kindergarten. The competent department
of education shall
provide assistance. |
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Article
20
No school or other unit may organize minor students to
participate in commercial celebration. |
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Article
21
Schools shall establish the contact
system with minor students' families, give family education
direction to minor students' parents or other guardians. The
school shall inform the minor student' s parent or
other
guardian when finding him playing truant or committing other
unhealthy activity, and cooperate
with the parent or other
guardian to educate him. |
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Article
22
Parents, other guardians and schools shall give psychological
and physiological concern, direction
and education to the minor
students in adolescence, and guide them to participate in proper
social
activity. |
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Article
23
No minor may smoke. |
No
operator may sell cigarette to minors. |
No
one may provide cigarette for minors. Parents, other guardians
and the school teaching and administrative
staffs shall stop
minors form smoking. |
It
is prohibited to smoke in the classroom, dormitory, reading
room, restaurant or other place where
minors centralize. The
operators or managers of the preceding places shall stop the
activity violating
the provisions of this paragraph. |
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Article
24
No minor may drink ardent spirits or drink excessively. |
Parents
and other guardians shall stop minors from drinking ardent
spirits or drinking excessively. |
No
operator may sell alcohol to minors. |
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Article
25
No operator of the electronic game hall may allow minors to play
in it on non-legal festival or
holiday. |
No
operator of the commercial singing and dancing hall, bar or
karaoke hall may allow minors to
enter without the company of
their parents or other guardians. |
The
operator of the place stipulated in this article shall set up
the sign of prohibiting or restricting
minors to enter at
conspicuous place, and has the right to ask the person, who
wants to enter,
to show his identity certificate if it is
difficult to judge whether he is a minor or not. |
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Article
26
It is prohibited to establish electronic game hall or billiards
room within 200 meters away from
the red line of the middle or
primary school' s land for use. The electronic game hall or
billiards
room, which is established before relevant law or
regulations prohibiting, shall be moved or closed within a
prescribed time limit. |
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Article
27
No one may allow minors to read or watch the book, periodical,
picture, cinematographic or television
product or computer
software, which has the content of eroticism, obscenity,
violence or murder,
and is harmful to minors, or provide the
product to them. |
Parents,
other guardians and the school teaching and administrative
staffs shall adopt effective
measures to prevent or stop minors
from reading, watching or spreading the product, which has the
content stipulated in the preceding paragraph. |
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Article
28
The school teaching and administrative staff is forbidden to
have sex with minor student. |
Guardians
are prohibited to have sex with minors. |
It
is prohibited to commit sexual infringement to a minor by
indecent assault, molestation, insult
or other means. |
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Article
29
It is prohibited to induce, instigate or coerce a minor to take
or inject drugs. |
Parents,
other guardians and the school teaching and administrative
staffs shall prevent and stop
minors from taking or injecting
drugs. |
The
parent or other guardian shall send the minor, who is addicted
to taking or injecting drugs,
to relevant agency for abandoning
drug habits.
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Article
30
Minors are prohibited to organize or participate in illegal
faction or group. |
It
is prohibited to instigate or induce a minor to organize or
participate in illegal faction or
group. |
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Article
31
Minors are prohibited to beg in the street or commit disguised
begging, such as selling followers,
making a living as a performer,
cleaning cars or asking for tips. |
It
is prohibited to use, instigate, coerce, inveigle or bring a
minor to commit the activity stipulated
in the preceding
paragraph in the street. |
Minors
are prohibited to participate in the activity with gambling
character. It is prohibited to
instigate a minor to participate
in the activity with gambling character. |
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Article
32
The municipal people' s government shall attach importance to
and run the reformative education
institutions and juvenile
correctional institutions well, and strengthen the correction
and education
to the minor, who has committed a misfeasance or
crime. |
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Article
33
The public security organization shall impose admonishment to
the minor, who commits a misfeasance
or crime but is exempted
from punishment because of not reaching the legal responsibility
age,
order his parent or other guardian to educate him strictly,
and decide jointly with the competent department of
education to
send him to the reformative education institution for correction
and education, if
the circumstance is relatively serious. |
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Article
34
In case that the adjudication organ judges a case where a minor
is suspected as a criminal, it
shall comply with relevant
national regulations. |
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Article
35
The public security organ or administrative department of
justice shall imprison and manage the
minor, who is hold in
custody or serving a sentence, separately from adults. |
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Article
36
When a minor completes his term of labor education and
rehabilitation, finishes his study of reformative
education, is
exempted from criminal penalty, is announced to be on probation,
or is released after
completing a sentence, the judicial organ,
his family, his school and relevant social party shall cooperate
with each other and accomplish the work of settlement, help and
education. No unit, organization or
individual may discriminate
the minor. |
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Article
37
The places and equipments for minors to study, live or entertain
collectively shall satisfy the
safety standards stipulated by
the state and have safety protection systems and measures. |
The
children' s toys and things, which are in production or for
sale, shall satisfy the safety standards
stipulated by the
state, and may not harm minors' physical or mental health. |
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Article
38
The department of sanitation shall strengthen the fundamental
immunity of infants and children,
and the preventive and cure
work of infectious disease, commonly encountered disease and
frequently-occurring
disease. |
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Article
39
The competent department of education shall accomplish special
education, ensure the disabled minors
to receive the special
education, vocational and technical education, and medical
service of recovery. |
The
competent department of civil affairs shall run the social
welfare center well, and safeguard
the healthy growth of adopted
children. |
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Article
40
The competent department of labor shall strengthen the labor
protection and administration of the
minor workers who have
reached the age of 16 but not the age of 18. |
The
employing unit shall arrange labor post and conduct regular
health examination for employed
minor workers according to the
regulations. |
The
employing unit shall set up a special roll to manage minor
workers. |
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Article
41
The employing unit, which wants to arrange a minor worker to
work overtime, shall ask for the consents
of the minor worker
himself and his trade union organ, and comply with the
provisions of relevant
law and regulations. |
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Article
42
It is prohibited to employ a minor worker where he is prohibited
or restricted to enter. |
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Article
43
Anyone, who violates the provisions of Article 10 of these
measures, shall be criticized, educated,
or imposed
administrative penalty by his unit, and shall be investigated
for criminal responsibility
if a crime is constituted. |
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Article
44
Anyone, who violates the provisions of Article 12 of these
measures, shall be criticized, educated
and ordered to make
correction by the public security organ or his unit, and shall
be investigated
for legal responsibility according to law if
serious consequence is resulted. |
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Article
45
In case that the provisions of Article 16 or Article 17
of these measures are violated, the person chiefly in charge
or
directly liable shall be criticized, educated or imposed
administrative penalty by the competent
department of education
or his unit. |
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Article
46
In case that the provisions of the third paragraph of Article 18
of these measures are violated,
the competent department of
education shall criticize and educate the person in charge of
the unit,
order him to make correction within a prescribed time
limit, or impose administrative penalty to him. |
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Article
47
In case that the provisions of the first paragraph of Article
19, or Article 20 of these measures
are violated, the competent
department of education shall criticize and educate the
school' s person
chiefly in charge, or impose administrative
penalty to him. |
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Article
48
Anyone, who violates the provisions of the second paragraph of
Article 23, or the third paragraph
of Article 24 of these
measures, shall be imposed a fine of 500 to 1,000 yuan by the
competent
department of industry and commerce. |
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Article
49
Anyone, who violates the provisions of the first or second
paragraph of Article 25 of these measures,
shall be imposed a
fine of 300 yuan per entered minor by the competent department
of culture, and
shall be revoked its Operation License of
Culture by the competent department of culture. |
Anyone,
who violates the provisions of the third paragraph of Article 25
of these measures, shall
be ordered to make correction within a
prescribed time limit, and may be imposed a fine of 1,000 yuan
simultaneously by the competent department of culture. |
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Article
50
Anyone, who violates the provisions of Article 26 of these
measures, shall be investigated and
dealt with by the competent
department of culture, jointly with the competent departments of
industry
and commerce, public security and education, and shall
be ordered to move within a prescribed time limit. Anyone,
who
refuses to move, shall be revoked his Operation License of
Culture by the competent department
of culture. |
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Article
51
Anyone, who violates the provisions of the first paragraph of
Article 27 of these measures, shall
be imposed a fine of 5,000
to 50,000 yuan by the competent department of culture or the
public
security organ. Anyone, who has serious circumstance,
shall be ordered to stop business for rectification, or revoked
his Operation License of Culture by the competent department of
culture, and shall be investigated
for criminal responsibility
if a crime is constituted. |
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Article
52
Anyone, who violates the provisions of Article 28 of these
measures and commits a crime, shall
be investigated for criminal
responsibility according to law. If no crime is constituted, the
penalty
shall be imposed according to the following provisions: |
Anyone,
who violates the provisions of the first paragraph, shall be
dismissed his public employment
by the competent department of
culture. |
Anyone,
who violates the provisions of the second paragraph, shall be
punished with reference to
the Regulations of the People' s
Republic of China on Punishments in Public Order and Security
Administration, and be revoked his qualification as a guardian
according to law or imposed administrative penalty
by his unit. |
Anyone,
who violates the provisions of the third paragraph, shall be
punished with reference to
the Regulations of the People' s
Republic of China on Punishments in Public Order and Security
Administration by the public security organ. |
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Article
53
Anyone, who violates the provisions of the first
paragraph of Article 29 or the second paragraph of Article 30 of
these measures, shall be punished with reference to the
Regulations of the People' s Republic of
China on Punishments
in Public Order and Security Administration by the public
security organ,
and shall be investigated for criminal
responsibility according to law if a crime is constituted. |
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Article
54
Anyone, who violates the provisions of the second or forth
paragraph of Article 31 of these measures,
shall be punished
with reference to the Regulations
of the People' s Republic of China on Punishments in Public
Order and Security Administration by
the public security organ, and shall be investigated for
criminal responsibility according to
law if a crime is
constituted. |
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Article
55
Anyone, who violates the provisions of Article 37 of these
measures and causes damage to a minor,
shall bear the
compensation responsibility. The person liable shall be imposed
administrative penalty
by relevant unit. The criminal
responsibility shall be investigated if a crime is constituted. |
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Article
56
Anyone, who violates the provisions of the second or third
paragraph of Article 40, or Article
41 of these measures, shall
be ordered to make correction and be imposed a fine of 5,000 to
10,000
yuan simultaneously by the competent department of labor. |
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Article
57 The
employing unit, which violates the provisions of Article 42 of
these measures, shall be ordered
to make correction and be
imposed a fine of 1,000 yuan per employed minor by the competent
department
of labor, and shall be ordered to stop business for
rectification by the competent department of industry and
commerce if the circumstance is serious. |
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Article
58
These measures shall be applicable to protect the minors of
Taiwan, Hongkong, Macro or foreign
countries, who are in the
special zone. |
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Article
59
These measures shall go into effect as of November 1, 1996. |