The full text of the new Law on the Protection of minors was released
On October 17, 2020, the revised law on the Protection of Minors was passed by the 22nd session of the Standing Committee of the 13th National People's Congress, and the law will come into effect on June 1, 2021. The Law on the Protection of Minors is a comprehensive law in the field of the protection of minors. The newly revised Law of the People's Republic of China on the Protection of Minors has added and improved a number of provisions, focusing on addressing issues of public concern concerning the abuse of minors, including inadequate guardianization, student bullying, sexual abuse of minors and Internet addiction of minors.
The revised law added two new chapters on "Internet protection" and "government protection", increasing the number of articles from 72 to 132. Effective from 1 June 2021.
Law of the People's Republic of China on the Protection of Minors
(Second revised at the 22nd Session of the Standing Committee of the 13th National People's Congress on October 17, 2020)
catalogue
Chapter I General provisions
Chapter II Family protection
Chapter Three: School protection
Chapter IV Social protection
Chapter V Network protection
Chapter VI Government protection
Chapter VII Judicial protection
Chapter VIII Legal liability
Chapter IX Supplementary Provisions
Chapter I General provisions
Article 1 This Law is enacted in accordance with the Constitution with a view to protecting the physical and mental health of minors, safeguarding their lawful rights and interests, promoting their all-round development of morality, intelligence, physical fitness, the United States and labor, training socialist builders and successors with ideals, morality, culture and discipline, and training new people of The Times to assume the great responsibility of national rejuvenation.
Article 2 The term "minors" as used in this Law refers to citizens under the age of 18.
Article 3 The State shall guarantee minors' rights to subsistence, development, protection and participation.
Minors shall enjoy all rights equally in accordance with the law and shall not be discriminated against on account of their nationality, race, sex, household registration, occupation, religious belief, education level, family status, physical and mental health status of their parents or other guardians.
Article 4 In protecting minors, the principle of best interests of minors shall be adhered to. In handling matters involving minors, the following requirements shall be met:
(1) To give minors special and priority protection;
(2) Respecting the personal dignity of minors;
(3) Protecting minors' privacy and personal information;
(4) adapting to the laws and characteristics of the healthy physical and mental development of minors;
(5) To hear the opinions of minors;
(6) Combining protection with education.
Article 5 The state, society, schools and families shall conduct education among minors in ideals, morality, science, culture, rule of law, national security, health and Labour, strengthen education in patriotism, collectivism and socialism with Chinese characteristics, and cultivate public virtues of loving the motherland, the people, Labour, science and socialism. Resist the erosion of capitalism, feudalism and other decadent ideas, and guide minors to establish and practice socialist core values.
Article 6 The protection of minors shall be the joint responsibility of state organs, armed forces, political parties, people's organizations, enterprises and institutions, social organizations, urban and rural grass-roots self-governing organizations of a mass nature, guardians of minors and other adults.
The state, society, schools and families shall educate and help minors to safeguard their legitimate rights and interests and enhance their awareness and ability to protect themselves.
Article 7 Parents or other guardians of minors shall bear the duty of guardianship of minors according to law.
The State shall take measures to guide, support, assist and supervise the parents or other guardians of minors in performing their guardianship duties.
Article 8 The people's governments at or above the county level shall incorporate the protection of minors into their national economic and social development plans, and the relevant funds shall be incorporated into the budgets of the governments at the corresponding levels.
Article 9 The people's governments at or above the county level shall establish a coordination mechanism for the protection of minors to make overall plans, coordinate, urge and guide the relevant departments to do a good job in the protection of minors within the scope of their respective duties. The specific work of the coordination mechanism shall be undertaken by the civil affairs department of the people's government at or above the county level, and the people's government at the provincial level may also determine the responsibility of other relevant departments according to the local actual situation.
Article 10 The Communist Youth League, women's federations, trade unions, disabled persons' federations, Working Committee for the Care of the Next Generation, youth federations, students' federations, Young Pioneers and other people's organizations and relevant social organizations shall assist the people's governments at various levels and their relevant departments, the people's procuratorates and the people's courts in ensuring the protection of minors. Safeguard the legitimate rights and interests of minors.
Article 11 Any organization or individual that finds any situation detrimental to the physical and mental health of minors or infringes upon the legitimate rights and interests of minors shall have the right to dissuade, stop or report or file a complaint with the public security, civil affairs, education and other relevant departments.
State organs, residents' committees, villagers' committees, units with close contact with minors and their staff shall immediately report to public security, civil affairs, education and other relevant departments if they find in their work that the physical and mental health of minors has been infringed, suspected to have been infringed, or are facing other dangerous situations.
Upon receiving reports, charges or reports involving minors, the relevant departments shall accept and handle them in a timely manner according to law, and inform the relevant units and personnel of the handling results in an appropriate manner.
Article 12 The State encourages and supports scientific research in the field of the protection of minors, establishes relevant disciplines and specialties, and strengthens personnel training.
Article 13 The State establishes a sound statistical investigation system for minors, conducts statistics, investigation and analysis of their health, education and other conditions, and releases information on the protection of minors.
Article 14 The State shall commend and reward organizations and individuals that have made outstanding achievements in the protection of minors.
Chapter II Family protection
Article 15 Parents or other guardians of minors shall learn about family education, receive guidance in family education, and create a good, harmonious and civilized family environment.
Other adult family members living together shall assist the minor's parents or other guardians in raising, educating and protecting the minor.
Article 16 Parents or other guardians of minors shall perform the following guardianship duties:
(1) To provide minors with life, health, safety and other safeguards;
(2) paying attention to the physical and psychological conditions and emotional needs of minors;
(3) To educate and guide minors to abide by the law, be diligent and thrifty, and develop good ideological and moral character and habits of conduct;
(4) providing safety education to minors and improving their awareness and ability to protect themselves;
(5) Respecting minors' right to education and ensuring that school-age minors receive and complete compulsory education in accordance with the law;
(6) Ensure that minors have time for rest, recreation and physical exercise, and guide minors to engage in activities beneficial to their physical and mental health;
(7) To properly manage and protect the property of minors;
(8) acting on behalf of minors in performing civil juristic acts according to law;
(9) To prevent and suppress undesirable acts and illegal and criminal acts of minors, and to provide reasonable discipline;
(10) Other guardianship duties that should be performed.
Article 17 Parents or other guardians of minors may not commit the following acts:
(1) maltreating, abandoning, illegally sending minors for adoption, or committing domestic violence against minors;
(2) indulging, inciting or using minors to commit illegal and criminal acts;
(3) indulging or inciting minors to participate in cults and superstitious activities or to accept terrorism, separatism, extremism and other violations;
(4) allowing or abetting minors to smoke (including electronic cigarettes, the same below), drink alcohol, gamble, wander and beg or bully others;
(5) allowing or forcing minors who should receive compulsory education to drop out of school or drop out of school;
(6) allowing minors to be addicted to the Internet and to have access to books, newspapers, periodicals, films, radio and television programs, audiovisual products, electronic publications and Internet information that are harmful or may affect their physical and mental health;
(7) allowing minors to enter commercial entertainment venues, bars, Internet service business premises and other places unsuitable for minors' activities;
(8) To permit or compel minors to engage in Labour other than that prescribed by the State;
(9) allowing or forcing minors to marry or entering into marriage contracts for minors;
(10) Illegally disposing of, misappropriating the property of a minor or using a minor for illegitimate interests;
(11) Other acts that infringe upon the physical and mental health, property rights and interests of minors or fail to perform the duty of protection of minors according to law.
Article 18 Parents or other guardians of minors shall provide a safe family living environment for minors and promptly eliminate safety hazards that may cause injuries such as electric shock, scalding or falling; Take measures such as equipping children with safety seats and educating minors to abide by traffic rules to prevent minors from being injured in traffic accidents; Improve the awareness of outdoor safety protection, to prevent minors from drowning, animal injury and other accidents.
Article 19 Parents or other guardians of minors shall, in the light of their age and intellectual development, listen to the opinions of minors and give full consideration to their true wishes before making decisions related to their rights and interests.
Article 20 Parents or other guardians of minors who discover that the physical and mental health of minors has been infringed upon, are suspected of having been infringed upon, or that their other lawful rights and interests have been infringed shall promptly learn of the situation and take protective measures; If the situation is serious, it shall immediately report to the public security, civil affairs, education and other departments.
Article 21 Parents or other guardians of minors may not leave minors under the age of eight or in need of special care for physical or psychological reasons unattended, or place them under the temporary care of persons with no capacity for civil conduct, limited capacity for civil conduct, suffering from serious infectious diseases or other unsuitable persons.
Parents or other guardians of minors may not allow minors under the age of 16 to live alone without guardianship.
Article 22 If the parents or other guardians of minors are unable to fully perform their duties of guardianship within a certain period of time due to reasons such as migrant work, they shall entrust a person with full capacity for civil conduct having the capacity to take care of them on their behalf; Without justifiable reasons, no one shall be entrusted to take care of them.
The parents or other guardians of minors, when determining the person entrusted, shall take into account their moral character, family status, physical and mental health, emotional connection with the life of the minor, and listen to the opinions of the minor who has the ability to express his or her will.
Under any of the following circumstances, it shall not be regarded as the principal:
(1) having committed illegal and criminal acts such as sexual assault, abuse, abandonment, trafficking, and violent injury;
(2) having bad habits such as taking drugs, drinking alcohol or gambling;
(3) Having refused to perform the duties of guardianship or care for a long time;
(4) Other circumstances in which it is not appropriate to act as a principal.
Article 23 Parents or other guardians of minors shall promptly inform their schools, kindergartens and the residents' committees and villagers' committees in their actual places of residence of the entrusted care in writing, and strengthen communication with the schools and kindergartens where minors are located; Contact and communicate with the minors and the client at least once a week, understand the life, study, psychological and other conditions of the minors, and give the minors affection and care.
Parents or other guardians of minors shall take timely intervention measures after receiving a notice from the client, the residents' committee, the villagers' committee, the school, or the kindergarten concerning the minors' abnormal psychology or behavior.
Article 24 When the parents of minors divorce, they shall properly handle matters such as the upbringing, education, visits and property of minor children, and listen to the opinions of minors who have the ability to express their will. It shall not be allowed to fight for custody by grabbing or hiding minor children.
After the parents of minors divorce, the party who does not directly raise the minor children shall visit the minor children in accordance with the time and method determined by the agreement, the judgment of the people's court or mediation, without affecting the minor's study and life, and the party who directly raises the minor shall cooperate, except where the right of visit is suspended by the people's court according to law.
Chapter Three: School protection
Article 25 Schools shall fully implement the State educational policy, adhere to moral cultivation, implement quality education, improve the quality of education, pay attention to the cultivation of minor students' cognitive ability, cooperation ability, innovation ability and practical ability, and promote the all-round development of minor students.
Schools shall establish a work system for the protection of minor students, improve the norms of behavior of students, and cultivate the good behavior habits of minor students to abide by rules and laws.
Article 26 Kindergartens shall do a good job in childcare and education, follow the law of physical and mental development of children, implement enlightenment education, and promote the harmonious development of children in physical, intellectual, moral and other aspects.
Article 27 Teaching and staff of schools and kindergartens shall respect the personal dignity of minors and may not inflict corporal punishment, corporal punishment in disguised form or any other act that insults the personal dignity of minors.
Article 28 Schools shall protect the minor students' right to education and may not expel minor students in violation of State regulations or in disguised form.
Schools shall register minors who have dropped out of school but have not completed compulsory education and encourage them to return to school. If persuasion fails, a written report shall be made to the administrative department of education in a timely manner.
Article 29 Schools shall care for and take good care of minor students and shall not discriminate against them on account of their family, physical, psychological, learning ability, etc. Care should be provided to students with family difficulties and physical and mental disabilities; Students with abnormal behavior and learning difficulties should be patiently helped.
Schools shall cooperate with relevant government departments to establish information files of left-behind minor students and minor students in distress, and carry out care and assistance work.
Article 30 Schools shall, in light of the characteristics of the physical and mental development of minor students, provide guidance on social life, counseling on mental health, education on adolescence and education on life.
Article 32 Schools and kindergartens shall carry out publicity and education activities such as diligence and frugality, opposing waste, cherishing food and civilized eating, so as to help minors establish the awareness that waste is shameful and economy is proud, and develop civilized, healthy, green and environmentally friendly living habits.
Article 33 Schools shall cooperate with the parents or other guardians of minor students, reasonably arrange the study time of minor students, and ensure their time for rest, recreation and physical exercise.
Schools may not occupy national statutory holidays, rest days and winter and summer holidays to organize collective remedial classes for minor students at the stage of compulsory education to increase their learning burden.
Kindergartens and off-campus training institutions may not provide elementary school curriculum education to preschool minors.
Article 34 Schools and kindergartens shall provide necessary health and health conditions and assist the health department in doing a good job of health and health care for minors in schools and kindergartens.
Article 35 Schools and kindergartens shall establish a safety management system, provide safety education to minors, improve security facilities, equip security personnel, and ensure the personal and property safety of minors at school and in kindergartens.
Schools and kindergartens may not conduct educational and teaching activities in school buildings or other facilities or places that endanger the personal safety and physical and mental health of minors.
When schools and kindergartens arrange for minors to participate in cultural entertainment, social practice and other collective activities, they shall protect the physical and mental health of minors and prevent personal injury accidents.
Article 36 Schools and kindergartens using school buses shall establish a sound school bus safety management system, equipped with safety management personnel, regularly carry out safety checks on school buses, carry out safety education on school bus drivers, and explain to minors the knowledge of school bus safety riding, and cultivate minors' school bus safety accident emergency handling skills.
Article 37 Schools and kindergartens shall, as necessary, formulate pre-plans to deal with natural disasters, accidents, disasters, public health events and other emergencies and accidental injuries, and shall be equipped with corresponding facilities and carry out necessary exercises on a regular basis.
In case of personal injury to minors in the school or in the park or in the activities organized by the school or the park, the school or kindergarten shall provide immediate rescue, properly deal with the accident, timely notify the parents or other guardians of the minor and report to the relevant departments.
Article 38 Schools and kindergartens may not arrange minors to participate in commercial activities, and may not sell minors, their parents or other guardians or require them to purchase designated commodities and services.
Article 39 Schools shall establish a system for the prevention and control of bullying among students, and carry out education and training on the prevention and control of bullying among teachers, staff and students.
The school shall immediately stop the bullying behavior of students, and notify the parents or other guardians of the underage students who committed the bullying or were bullied to participate in the identification and handling of the bullying behavior; Provide timely psychological counseling, education and guidance to relevant minor students; Give necessary family education guidance to the parents or other guardians of the minor students concerned.
The school shall, in accordance with the nature and extent of the bullying, strengthen the discipline of the underage students. For serious bullying, the school shall not conceal, should promptly report to the public security organs, education administrative departments, and cooperate with relevant departments to deal with according to law.
Article 40 Schools and kindergartens shall establish a work system for the prevention of sexual assault and sexual harassment of minors. Schools and kindergartens shall not conceal illegal and criminal acts such as sexual assault and sexual harassment of minors, and shall promptly report them to public security organs and education administrative departments, and cooperate with relevant departments to handle them according to law.
Schools and kindergartens shall provide age-appropriate sex education to minors so as to enhance their awareness of and ability to protect themselves against sexual assault and sexual harassment. Schools and kindergartens shall promptly take relevant measures to protect minors who are victims of sexual assault or sexual harassment.
Article 41 Infant care service institutions, early education service institutions, off-campus training institutions, off-campus care institutions, etc., shall make reference to the relevant provisions of this Chapter and do a good job in the protection of minors in accordance with the growth characteristics and laws of minors at different ages.
Chapter IV Social protection
Article 42 The whole society shall establish a good fashion of caring for and caring for minors.
The State encourages, supports and guides people's organizations, enterprises and institutions, social organizations and other organizations and individuals to carry out social activities and services conducive to the healthy growth of minors.
Article 43 The residents committee and the villagers committee shall set up special personnel to take charge of the protection of minors, assist the relevant government departments in publicizing the laws and regulations on the protection of minors, guide, help and supervise the parents or other guardians of minors to perform their duties of guardianship according to law, establish information files on left-behind minors and minors in distress, and provide care and assistance.
The residents' committee and the villagers' committee shall assist the relevant government departments in supervising the entrusted care of minors, and shall report to the relevant government departments in a timely manner upon finding that the entrusted lacks the ability to take care of or is lazy in performing the duties of taking care of minors, and shall inform the parents or other guardians of the minors, so as to help and urge the entrusted to perform the duties of taking care of minors.
Article 44 Patriotic education bases, libraries, youth palaces, children's activity centers and children's homes shall be open to minors free of charge; Museums, memorial halls, science and technology centers, exhibition centers, art galleries, cultural centers, community public welfare Internet service sites, theaters, sports venues, zoos, botanical gardens, parks and other places shall be open to minors free of charge or at preferential rates in accordance with relevant regulations.
The State encourages patriotic education bases, museums, science and technology museums, art galleries and other public venues to open special sessions for minors and provide targeted services for minors.
The State encourages state organs, enterprises and institutions, and the armed forces to develop their own educational resources, establish open days for minors, and provide support for themed education, social practice, and vocational experience for minors.
The State encourages scientific research institutions and scientific and technological social organizations to carry out scientific popularization activities among minors.
Article 45: Urban public transport, road, railway, water and air passenger transport shall, in accordance with relevant provisions, offer free or preferential fares to minors.
Article 46 The State encourages large public places, public transport vehicles, tourist attractions and other scenic spots to set up maternity and infant rooms, infant nursing tables, toilets, washbasins and other sanitary facilities convenient for young children to provide convenience for minors.
Article 47 No organization or individual may, in violation of relevant provisions, restrict the care or preferential treatment that minors should enjoy.
Article 48 The State encourages the creation, publication, production and dissemination of books, newspapers, periodicals, films, radio and television programmes, stage works, audiovisual products, electronic publications and Internet information that are conducive to the healthy growth of minors.
Article 49 The news media shall strengthen publicity on the protection of minors and supervise by public opinion acts infringing upon the legitimate rights and interests of minors. News media shall be objective, prudent and moderate in reporting incidents involving minors, and shall not infringe upon the minors' reputation, privacy and other legitimate rights and interests.
Article 50 It is prohibited to produce, reproduce, publish, publish or disseminate books, newspapers and periodicals, films, radio and television programs, stage art works, audiovisual products, electronic publications and Internet information that promote obscenity, pornography, violence, cults, superstition, gambling, suicide solicitation, terrorism, separatism, extremism and other content that endangers the physical and mental health of minors.
Article 51 Where any organization or individual publishes, distributes or disseminates books, newspapers, periodicals, films, radio and television programs, stage art works, audiovisual products, electronic publications or Internet information that contains content that may affect the physical and mental health of minors, it shall give notice in a conspicuous manner.
Article 52 It is prohibited to produce, reproduce, publish, disseminate or possess pornographic materials and Internet information about minors.
Article 53 No organization or individual may publish, broadcast, post or distribute any advertisement that contains contents harmful to the physical and mental health of minors; No commercial advertisements shall be broadcast, posted or distributed in schools or kindergartens; Commercial advertisements shall not be published or disguised using school uniforms, teaching materials, etc.
Article 54 It is prohibited to abduct, kidnap, maltreat or illegally adopt minors, and it is prohibited to sexually assault or molest minors.
It is prohibited to coerce, lure or instigate minors to join triad organizations or engage in illegal and criminal activities.
It is prohibited to coerce, induce or use minors to beg.
Article 55 The production and sale of food, medicines, toys, utensils, games and entertainment equipment and amusement facilities for minors shall conform to the national or industrial standards and shall not endanger the personal safety and physical and mental health of minors. The producers of the above-mentioned products shall indicate the precautions in a prominent position, and those without such precautions shall not be sold.
Article 56 Public places where minors gather for activities shall comply with the national or industrial safety standards, and appropriate safety protection measures shall be taken. Facilities that may have safety risks shall be maintained regularly, and safety warning signs shall be set up in prominent places and the appropriate age range and precautions shall be indicated; If necessary, special personnel should be arranged to take care of it.
Large shopping malls, supermarkets, hospitals, libraries, museums, science and technology museums, amusement parks, stations, docks, airports, tourist attractions and other places operating units shall set up a search for lost minors security alarm system. After receiving help, the site operation unit shall immediately activate the security alarm system, organize personnel to search and report to the public security organ.
When an emergency occurs in a public place, priority shall be given to rescuing minors.
Article 57 When lodging operators such as hotels, guesthouses and hotels receive minors to check in, or receive minors and adults to check in together, they shall ask for the contact information of their parents or other guardians, the identity of the occupants and other relevant information; If a juvenile is suspected of violating the law or committing a crime, it shall immediately report to the public security organ and promptly contact the minor's parents or other guardians.
Article 58 No business entertainment places, bars, Internet service business places and other places unsuitable for minors' activities shall be set up around schools and kindergartens. Business operators of commercial dance and dance entertainment venues, bars, Internet service business venues and other places unsuitable for minors shall not allow minors to enter; Electronic game equipment set up in amusement venues shall not be provided to minors except on national holidays. A business operator shall set up a sign in a prominent position that minors are prohibited from entering or restricted from entering; For those who are difficult to determine whether they are minors, they shall be required to produce their identity documents.
Article 59 No tobacco, alcohol or lottery sales outlets may be set up around schools and kindergartens. It is prohibited to sell cigarettes, alcohol, lottery tickets or cash lottery prizes to minors. Operators of tobacco, alcohol and lottery tickets shall put up signs in prominent places indicating that they will not sell tobacco, alcohol or lottery tickets to minors; For those who are difficult to determine whether they are minors, they shall be required to produce their identity documents.
No one may smoke or drink alcohol in schools, kindergartens or other public places where minors gather for activities.
Article 60 It is prohibited to provide or sell to minors controlled knives or other devices that may cause serious injury. Where it is difficult for the business operator to determine whether the purchaser is a minor, it shall require the purchaser to produce his identity document.
Article 61 No organization or individual may recruit minors under the age of 16, except as otherwise provided by the State.
Commercial entertainment venues, bars, Internet service business premises and other places unsuitable for minors' activities shall not recruit minors who have reached the age of 16.
Units or individuals that recruit minors who have reached the age of 16 shall comply with State regulations on types of work, working hours, labor intensity and protective measures, and may not assign them to work that is too heavy, toxic or harmful or that endangers the physical and mental health of minors or is dangerous.
With the consent of minors' parents or other guardians, where minors participate in activities such as performance or program production, the organizing party shall, in accordance with the relevant provisions of the State, protect the legitimate rights and interests of minors.
Article 62 When a unit that has close contact with minors recruits staff, it shall inquire with the public security organ and the people's Procuratorate whether the applicant has a criminal record of sexual assault, maltreatment, trafficking, violent injury, etc. Those who are found to have the aforementioned behavior records shall not be employed.
Units that have close contact with minors shall regularly check whether the staff members have the above-mentioned criminal records every year. If a staff member is found to have the above behaviors through inquiry or other means, he shall be dismissed promptly.
Article 63 No organization or individual may conceal, destroy or illegally delete minors' letters, diaries, e-mails or other network communications.
Except in the following circumstances, no organization or individual may open or consult the contents of minors' letters, diaries, emails or other network communications:
(1) Parents or other guardians of minors without capacity for civil conduct open or consult them on behalf of them;
(2) conducting inspections in accordance with the law for the sake of national security or the investigation of criminal offences;
(3) In case of emergency, to protect the personal safety of minors themselves.
Chapter V Network protection
Article 64 The state, society, schools and families shall strengthen the publicity and education of minors' Internet literacy, cultivate and improve their Internet literacy, enhance their awareness and ability of scientific, civilized, safe and rational use of the Internet, and protect their legitimate rights and interests in cyberspace.
Article 65 The State encourages and supports the creation and dissemination of Internet content that is conducive to the healthy growth of minors, and encourages and supports the research and development, production and use of Internet technologies, products and services that are especially aimed at minors and suitable for the physical and mental health of minors.
Article 66 The Internet and information technology department and other relevant departments shall strengthen the supervision and inspection of the Internet protection of minors, punish according to law the use of the Internet to engage in activities that endanger the physical and mental health of minors, and provide a safe and healthy Internet environment for minors.
Article 67 The Internet and information department shall, in conjunction with the departments of public security, culture and tourism, press and publication, film, radio and television, determine the types, scope and judgment criteria of Internet information that may affect the physical and mental health of minors according to the needs of protecting minors at different ages.
Article 68 The departments of press and publication, education, health, culture, tourism and Internet and information technology shall regularly carry out publicity and education to prevent minors from becoming addicted to the Internet, supervise the providers of Internet products and services to fulfill their obligations to prevent minors from becoming addicted to the Internet, and guide families, schools and social organizations to cooperate with each other. Take scientific and reasonable ways to prevent and intervene minors addicted to the Internet.
No organization or individual may interfere with minors' addiction to the Internet by infringing upon their physical and mental health.
Article 69 The Internet service facilities provided by schools, communities, libraries, cultural centers, youth palaces and other places for minors shall install network protection software for minors or take other security protection technical measures.
Manufacturers and sellers of intelligent terminal products shall install minor network protection software on the products, or inform users of the installation channels and methods of minor network protection software in a significant manner.
Article 70 Schools shall rationally use the Internet to carry out teaching activities. Without the permission of the school, underage students are not allowed to bring smart terminal products such as mobile phones into the classroom, and those brought into the school should be unified management.
Article 71 Parents or other guardians of minors shall improve their Internet literacy, regulate their own Internet use, and strengthen guidance and supervision over minors' Internet use.
Parents or other guardians of minors shall, by installing minors' network protection software on smart terminal products and selecting service modes and management functions suitable for minors, avoid minors' exposure to network information that is harmful or may affect their physical and mental health, reasonably arrange minors' Internet use time, and effectively prevent minors from becoming addicted to the Internet.
Article 72 Information processors that process minors' personal information through the Internet shall follow the principles of legality, legitimacy and necessity. Where the personal information of minors under the age of 14 is processed, the consent of the minors' parents or other guardians shall be obtained, except as otherwise provided by laws and administrative regulations.
Where minors, parents or other guardians request the information processor to correct or delete the minors' personal information, the information processor shall promptly take measures to correct or delete the information, except as otherwise provided by laws and administrative regulations.
Article 73 Where an Internet service provider finds that a minor publishes private information through the Internet, it shall prompt prompt notification and take necessary protective measures.
Article 74 Internet product and service providers shall not provide minors with products and services that induce their addiction.
Online game, network broadcast, network audio and video, network social network and other network service providers shall set up corresponding time management, authority management, consumption management and other functions for minors to use their services
For online educational network products and services aimed at minors, links to online games shall not be inserted, and advertisements and other information unrelated to teaching shall not be pushed.
Article 75 Online games may not be operated until they are examined and approved according to law.
The state establishes a unified electronic identity authentication system for online games for minors. Online game service providers shall require minors to register and log in to online games with real identity information.
Online game service providers shall, in accordance with the relevant regulations and standards of the State, classify game products, make age-appropriate suggestions, and take technical measures, and shall not allow minors to have access to inappropriate games or game functions.
Online game service providers shall not provide online game services to minors from 22:00 to 8:00 the next day.
Article 76 Network broadcast service providers shall not provide network broadcast publisher account registration services for minors under the age of 16; When providing online broadcast publisher account registration services for minors over the age of 16, their identity information shall be verified and consent of their parents or other guardians shall be obtained.
Article 77 No organization or individual may insult, slander, threaten or maliciously damage the image of minors through the Internet in the form of words, pictures, audio and video.
Minors who are victims of cyberbullying and their parents or other guardians have the right to notify Internet service providers to take measures such as deleting, blocking, and disconnecting links. After receiving the notice, Internet service providers shall promptly take necessary measures to stop cyberbullying and prevent the spread of information.
Article 78 Network product and service providers shall establish convenient, reasonable and effective channels for complaints and reports, disclose information such as complaints and reporting methods, and promptly accept and handle complaints and reports involving minors.
Article 79 Any organization or individual that finds that online products or services contain information that endangers the physical and mental health of minors has the right to complain and report to the Internet product or service providers or Internet information and public security departments.
Article 80 Where an Internet service provider finds that a user publishes or disseminates information that may affect the physical and mental health of minors and does not give a significant warning, it shall give a warning or notify the user to give a warning; No relevant information shall be transmitted without prompt.
If an Internet service provider finds that a user publishes or disseminates information that endangers the physical and mental health of minors, it shall immediately stop transmitting the relevant information, take measures such as deleting, shielding, and disconnecting the link, keep relevant records, and report to the Internet information and public security departments.
Where an Internet service provider finds that a user uses its Internet service to commit illegal and criminal acts against minors, it shall immediately stop providing Internet services to the user, keep relevant records, and report to the public security organ.
Chapter VI Government protection
Article 81 The functional departments of the people's governments at or above the county level that undertake the specific work of the coordination mechanism for the protection of minors shall specify the relevant internal organs or specialized personnel to be responsible for the protection of minors.
Township people's governments and sub-district offices shall set up juvenile protection workstations or designate specialized personnel to handle juvenile related affairs in a timely manner; To support and guide the residents' committees and villagers' committees to set up special posts and do a good job in protecting minors.
Article 82 People's governments at all levels shall incorporate family education guidance services into urban and rural public service systems, carry out family education knowledge publicity, and encourage and support relevant people's organizations, enterprises, institutions and social organizations to carry out family education guidance services.
Article 83 People's governments at all levels shall guarantee minors' right to education and take measures to ensure that left-behind minors, minors in difficult circumstances and minors with disabilities receive compulsory education.
The administrative department of education shall order the parents or other guardians of minor students who have dropped out of school and have not yet completed compulsory education to send them to schools to receive compulsory education.
Article 84 People's governments at all levels shall develop nursery and preschool education undertakings, run well infant and child care service institutions and kindergartens, and support social forces in setting up mother-and-baby rooms, infant care service institutions and kindergartens according to law.
The local people's governments at or above the county level and their relevant departments shall cultivate and train the nursing and education personnel of infant and young child care service institutions and kindergartens to improve their professional ethics and professional ability.
Article 85 People's governments at various levels shall develop vocational education, ensure that minors receive vocational education or vocational skills training, and encourage and support people's organizations, enterprises, institutions and social organizations in providing vocational skills training services for minors.
Article 86 People's governments at various levels shall ensure that disabled minors who have the ability to receive general education and are able to adapt to school life receive education in ordinary schools or kindergartens near them. It is guaranteed that disabled minors who are unable to receive general education receive preschool education, compulsory education and vocational education in special education schools and kindergartens.
The people's governments at various levels shall guarantee the conditions for running and running special education schools and kindergartens, and encourage and support the establishment of special education schools and kindergartens by social forces.
Article 87 Local people's governments and their relevant departments shall ensure campus safety, supervise and guide schools, kindergartens and other units to carry out campus safety responsibilities, and establish a mechanism for reporting, handling and coordinating emergencies.
Article 88 Public security organs and other relevant departments shall maintain public security and traffic order around the campus according to law, set up monitoring equipment and traffic safety facilities, and prevent and stop illegal and criminal acts against minors.
Article 89 Local people's governments shall establish and improve activity places and facilities suitable for minors, support the construction and operation of public welfare activity places and facilities for minors, encourage social forces to set up activity places and facilities suitable for minors, and strengthen management.
Local people's governments shall take measures to encourage and support schools to open cultural and sports facilities to minors free of charge or at preferential rates during national legal holidays, rest days and winter and summer holidays.
Local people's governments shall take measures to prevent any organization or individual from encroaching on or damaging the sites, buildings and facilities of places where minors are engaged in activities, such as schools, kindergartens and institutions providing care for infants and young children.
Article 90 People's governments at various levels and their relevant departments shall give guidance on health care and nutrition to minors and provide health care services.
Health departments shall, according to law, regulate the vaccination of minors, prevent and treat common and frequently occurring diseases of minors, strengthen the prevention and control of infectious diseases and supervision and management, do a good job in injury prevention and intervention, and guide and supervise schools, kindergartens and infant care service institutions to carry out health care work.
The administrative departments of education shall strengthen the education of minors' mental health and establish mechanisms for early detection and timely intervention of minors' mental problems. Health departments should do a good job in psychological treatment of minors, psychological crisis intervention and early identification, diagnosis and treatment of mental disorders.
Article 91 People's governments at various levels and their relevant departments shall provide classified protection for minors in distress and take measures to meet their basic needs in such aspects as life, education, safety, medical treatment and rehabilitation, and housing.
Article 92 Under any of the following circumstances, the civil affairs department shall provide temporary guardianship of the minor according to law:
(1) minors wander and beg or their identities are unknown, and parents or other guardians cannot be found for the time being;
(b) the whereabouts of the guardian is unknown and no one else can act as guardian;
(3) The guardian is unable to perform his guardianship duties due to his own objective reasons or due to natural disasters, accidents, disasters, public health events and other emergencies, resulting in the lack of guardianship of minors;
(4) The guardian refuses or fails to perform his guardianship duties, resulting in the minor being left unattended;
(5) the guardian instigated or used the minor to commit illegal and criminal acts, and the minor needs to be taken away from resettlement;
(6) minors are seriously injured by their guardians or face threats to their personal safety and need to be urgently placed;
(7) Other circumstances provided for by law.
Article 93 For minors under temporary guardianship, the civil affairs department may entrust their relatives to bring them up, foster them in the family, etc., and may also hand them over to juvenile rescue and protection institutions or child welfare institutions for shelter and upbringing.
During the temporary guardianship period, if the civil affairs department evaluates that the guardian has the conditions to perform the guardianship duties again, the civil affairs department may return the minor to the guardian for rearing.
Article 94 Under any of the following circumstances, the civil affairs department shall provide long-term guardianship of the minor according to law:
(1) The minor's parents or other guardians cannot be found;
(2) the guardian dies or is declared dead and no one else can act as guardian;
(3) the guardian loses the ability to guardianship and no one else can act as guardian;
(4) The people's court decides to revoke the guardianship and appoint the civil affairs department as the guardian;
(5) Other circumstances provided for by law.
Article 95 After the adoption evaluation, the civil affairs department may, according to law, place the minors under its long-term custody in the hands of qualified applicants for adoption. After the adoption relationship is established, the guardianship relationship between the civil affairs department and the minor is terminated.
Article 96 Where the civil affairs department assumes the duty of temporary guardianship or long-term guardianship, the finance, education, health, public security and other departments shall cooperate according to their respective duties.
The people's governments at or above the county level and their civil affairs departments shall, when necessary, establish rescue and protection institutions for minors and child welfare institutions to take in and bring up minors under the guardianship of the civil affairs departments.
Article 97 The people's governments at or above the county level shall set up a unified national hotline for the protection of minors to promptly accept and refer complaints and reports that infringe upon the lawful rights and interests of minors; Encourage and support people's organizations, enterprises, institutions and social organizations to participate in the construction of service platforms, service hotlines and service sites for the protection of minors, and provide consultation and assistance in the protection of minors.
Article 98 The State establishes an information inquiry system for offenders such as sexual assault, maltreatment, abduction and violent injury, and provides free inquiry services to units that have close contact with minors.
Article 99 Local people's governments shall cultivate, guide and standardize relevant social organizations and social workers to participate in the protection of minors, carry out family education and guidance services, and provide professional services for psychological counseling, rehabilitation assistance, guardianship, adoption and evaluation of minors.
Chapter VIII Legal liability
Article 117 Where, in violation of the provisions of paragraph 2 of Article 11 of this Law, serious consequences are caused by failure to fulfill the reporting obligations, the competent department at a higher level or the unit to which he belongs shall impose sanctions on the persons directly in charge and other persons directly responsible according to law.
Article 118 Where parents or other guardians of minors fail to perform their duties of guardianship according to law or infringe upon the lawful rights and interests of minors, the residents committee or villagers committee in their place of residence shall admonish or stop them; If the circumstances are serious, the residents committee or villagers committee shall promptly report to the public security organ.
Where a public security organ receives a report or a public security organ, a people's procuratorate, or a people's court finds in the course of handling a case that a minor's parents or other guardians are in the above situation, it shall reprimand them and may order them to receive family education guidance.
Article 119 Schools, kindergartens, infant care services and other institutions and their teaching and staff members who violate the provisions of Articles 27, 28 and 39 of this Law shall be ordered to make corrections by the departments of public security, education, public health, market supervision and administration in accordance with their respective duties; If the offender refuses to make corrections or the circumstances are serious, the person directly in charge and other persons directly responsible shall be given sanctions according to law.
Article 120 Where, in violation of the provisions of Article 44, 45 and 47 of this Law, minors are not given free or preferential treatment, the departments for market supervision and control, culture, tourism and transport shall, in accordance with their respective duties, order them to make corrections within a time limit and give them a warning; Whoever refuses to make corrections shall be fined not less than 10,000 yuan but not more than 100,000 yuan.
Article 121 Anyone who violates the provisions of Articles 50 or 51 of this Law shall be ordered by the departments of press, publication, radio and television, film, Internet and information technology, in accordance with their respective duties, to make corrections within a time limit, given a warning, have his illegal gains confiscated and may concurrently be fined not more than 100,000 yuan. If the offender refuses to make corrections or the circumstances are serious, the offender shall be ordered to suspend the relevant business, suspend production or business operation, or revoke the business license or relevant license; if the illegal income is more than one million yuan, a fine of not less than one time but not more than ten times the illegal income shall be imposed; if there is no illegal income or the illegal income is less than one million yuan, a fine of not less than one hundred thousand yuan but not more than one million yuan shall be imposed.
Article 122 Where a premises operator violates the provisions of paragraph 2 of Article 56 of this Law or a lodging operator violates the provisions of Article 57 of this Law, the departments for market supervision and management, emergency management and public security shall, in accordance with the division of duties, order rectification within a time limit and give a warning; If the party refuses to make corrections or has caused serious consequences, it shall be ordered to suspend business for rectification or its business license or relevant license shall be revoked and a fine of not less than 10,000 yuan but not more than 100,000 yuan shall be imposed.
Article 123 Where the relevant business operator violates the provisions of Article 58, paragraph 1 of Article 59 and Article 60 of this Law, the departments for culture and tourism, market supervision and control, tobacco monopoly and public security shall, in accordance with their respective functions and duties, order it to make corrections within a time limit, give it a warning, confiscate the illegal gains and may concurrently impose a fine of not more than 50,000 yuan. If the party refuses to make corrections or the circumstances are serious, it shall be ordered to suspend business for rectification or its business license or relevant license shall be revoked, and a fine of not less than 50,000 yuan but not more than 500,000 yuan may also be imposed.
Article 124 Whoever, in violation of the provisions of paragraph 2 of Article 59 of this Law, smokes or drinks alcohol in schools, kindergartens or other public places where minors are concentrated shall be ordered by the departments of public health, education, market supervision and administration according to their respective functions and duties to make corrections, give them a warning and may concurrently be fined not more than 500 yuan; If the place manager fails to stop it in time, the public health, education, market supervision and administration departments shall give a warning and impose a fine of not more than 10,000 yuan in accordance with the division of duties.
Article 125 If anyone violates the provisions of Article 61 of this Law, the departments for culture and tourism, human resources and social security, and market supervision and administration shall, in accordance with their respective functions and duties, order him to make corrections within a time limit, give him a warning, confiscate his illegal gains, and may concurrently impose a fine of not more than 100,000 yuan. If the party refuses to make corrections or the circumstances are serious, it shall be ordered to suspend production or business or revoke its business license or relevant licenses, and be fined not less than 100,000 yuan but not more than one million yuan.
Article 126 Where a unit that has close contact with minors, in violation of the provisions of Article 62 of this Law, fails to fulfill its obligation of inquiry, or recruits or continues to employ persons with relevant illegal and criminal records, the departments of education, human resources and social security, market supervision and administration shall, in accordance with their respective duties, order it to make corrections within a time limit, give it a warning and impose a fine of not more than 50,000 yuan; If the party refuses to make corrections or has caused serious consequences, it shall be ordered to suspend business for rectification or revoke its business license or relevant licenses, and shall be fined not less than 50,000 yuan but not more than 500,000 yuan, and the persons in charge directly responsible and other persons directly responsible shall be given sanctions according to law.
Article 127 Where an information processor violates the provisions of Article 72 of this Law, or an Internet product or service provider violates the provisions of Article 73, 74, 75, 76, 77 and 80 of this Law, the relevant departments of public security, Internet and information technology, telecommunications, press and publication, radio and television, culture and tourism shall order corrections in accordance with their respective duties. If the illegal gains are not less than one million yuan, a fine of not less than one hundred thousand yuan but not more than ten times the illegal gains shall also be imposed; if there are no illegal gains or the illegal gains are less than one million yuan, a fine of not less than one hundred thousand yuan shall also be imposed on the persons in charge directly responsible and other responsible persons of not less than ten thousand yuan and not more than one hundred thousand yuan; If it refuses to make corrections or the circumstances are serious, it may be ordered to suspend the relevant business, suspend business for rectification, close the website, revoke the business license or revoke the relevant license.
Article 128 Any funcant of a state organ who neglects his duty, abuses his power, engages in malpractices for personal gain and harms the lawful rights and interests of a minor shall be punished according to law.
Article 129 Whoever, in violation of the provisions of this Law, infringes upon the lawful rights and interests of a minor, thereby causing personal, property or other damage, shall bear civil liability according to law.
Whoever violates the provisions of this Law and constitutes an act violating the administration of public security shall be punished for the administration of public security according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law.
Chapter IX Supplementary Provisions
Article 130 The meanings of the following terms used in this Law:
(1) Units that have close contact with minors refer to schools, kindergartens and other institutions of education; Off-campus training institutions; Juvenile assistance and protection institutions, child welfare institutions and other juvenile placement and assistance institutions; Infant care service institutions, early education service institutions; After-school care and temporary care institutions; Domestic service agencies; Medical institutions providing medical services to minors; Other enterprises, institutions and social organizations that are responsible for education, training, guardianship, assistance, nursing and medical treatment of minors.
(2) Schools refer to regular primary and secondary schools, schools of special education, secondary vocational schools and specialized schools.
(3) Student bullying refers to an act that occurs between students, in which one party intentionally or maliciously oppresses or insults the other party through physical, verbal or Internet means, resulting in personal injury, property loss or mental damage.
Article 131 Foreigners and stateless persons under the age of 18 in China shall be protected in accordance with the relevant provisions of this Law.
Article 132 This Law shall come into force as of June 1, 2021.
