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Law of the People's Republic of China on the Prevention of Juvenile Delinqu

2023-02-14   207

Chapter I: General Provisions

Article 1: This Law is drafted so as to ensure the physical and psychological health of minors, to cultivate minors' positive conduct, and to effectively prevent juvenile violations and crimes.     

Article 2: The prevention of juvenile crime is based on the combination of education and protection of minors, persisting in putting prevention first and intervening in advance, and promptly carrying out hierarchical prevention, intervention, and correction of minors' negative conduct and serious negative conduct.     

Article 3: Efforts to prevent juvenile crime shall respect the personal dignity of minors, and protect minors' lawful rights and interests such as their right to reputation, privacy, and personal information.     

Article 4: The prevention of juvenile crime is to be comprehensively managed under the organization of all levels of people's government.     

State organs, people's organizations, social organizations, enterprises and public institutions, residents' committees, villagers' committees, schools, families, and so forth, each have their own responsibilities and cooperate with each other, to jointly do a good job of efforts to prevent juvenile crime, promptly eliminate all negative factors that breed juvenile delinquency, and create a positive social environment for the healthy physical and mental development of juveniles.     

Article 5: The duties and responsibilities of all levels of people's government in the prevention of juvenile crime are:    

(1) Formulate work plans for the prevention of juvenile crime;     

(2) Organize relevant departments such as for public security, education, civil affairs, culture and tourism, market oversight and management, internet information, health, press and publication, film, radio and television, and judicial administration to carry out efforts to prevent juvenile crime;     

(3) Provide policy support and financial safeguards for efforts to prevent juvenile crime;     

(4) Inspect the implementation of this Law and the implementation of the work plan;     

(5) Organize and carry out publicity and education on the prevention of juvenile crime;     

(6) Other duties for the prevention of juvenile crime.     

Article 6: The state is to strengthen the establishment of specialized schools, conducting specialized education for minors with serious negative conduct. Specialized education is an integral part of the national education system, and is an important protective and disciplinary measure for the education and correction of minors with serious negative conduct.     

Provincial-level people's governments shall include the development of specialized education and the establishment of specialized schools in their economic and social development plans. Local people's governments at the county level or above are to establish specialized education steering committees, and reasonably set up specialized schools as needed.     

The Specialized Education Steering Committee is composed of units such as education, civil affairs, finance, human resources and social security, public security, judicial administration, people's procuratorates, people's courts, the Communist Youth League, the Women's Federation, the Working Committee for the Care of the Next Generation, and specialized schools, as well as lawyers, social workers, and other such personnel, to research and determine the teaching, management, and other related work of specialized schools.     

The State Council shall formulate specific measures for the establishment of specialized schools and specialized education.    

Article 7: Public security organs, people's procuratorates, people's courts, and judicial administrative departments shall have specialized institutions or specialized personnel who have undergone professional training and are familiar with the physical and psychological characteristics of minors responsible for efforts to prevent juvenile crime.     

Article 8: The Communist Youth League, women's federations, trade unions, disabled persons' federations, working committees for the care of the next generation, youth federations, student federations, young pioneers, and relevant social organizations shall assist all levels of people's government and their relevant departments, people's procuratorates, and people's courts in completing efforts to prevent juvenile crime, cultivating social forces and providing support services for the prevention of juvenile crime.     

Article 9: The state encourages, supports, and guides social work service establishments and other social organizations to participate in efforts related to the prevention of juvenile crime, and strengthens oversight.     

Article 10: Minors must not be instigated, coerced, or enticed by any organization or individual to carry out negative conduct or serious negative conduct, as well as providing conditions for minors to carry out the conduct described above.     

Article 11: Minors shall abide by laws, regulations, and societal norms of public morality, establish a sense of self-esteem, self-discipline, and self-improvement, increase their ability to distinguish between right and wrong and self-protection, and conscientiously resist the inducement and infringement of all kinds of negative conduct and illegal and criminal conduct.     

The prevention of juvenile crime shall combine the physical and psychological characteristics of juveniles at different ages, and strengthen research on adolescent education, psychological care, psychological corrections, and crime prevention countermeasures.     

Article 12: The State encourages and supports the establishment of disciplines, the establishment of majors, the cultivation of talents, and scientific research related to the prevention of juvenile crime, and the development of international exchanges and cooperation.  

Article 13: The state is to give commendations and awards to organizations and individuals that have made notable achievements in efforts to prevent juvenile crime.     

Chapter II: Education on crime prevention

Article 14: The state, society, schools, and families shall strengthen education on the Core Socialist Values for minors, carry out education on crime prevention, strengthen minors' concept of the rule of law, and enable minors to establish an awareness of abiding by discipline and law and preventing violations and crimes, and increase their capacity for self-control.     

Article 15: Minors' parents or other guardians have direct responsibility for minors' crime prevention education, and shall perform guardianship duties in accordance with law, establish a positive family style, and cultivate minors' positive conduct; Where minors' psychological or behavioral abnormalities are discovered, they shall promptly learn about the situation and conduct education, guidance, and admonition, and must not refuse or neglect to perform guardianship duties.     

Article 17: Administrative departments for education and schools shall include crime prevention education in school teaching plans, and guide faculty and staff to use a variety of methods to conduct targeted crime prevention education for juvenile students in consideration of the characteristics of juveniles.     

Article 18: Schools shall hire full-time or part-time teachers engaged in rule of law education, and may hire vice-principals for rule of law and off-campus rule of law counselors from judicial and law enforcement organs, legal education and legal service establishments, and other such units.     

Article 19: Schools shall allocate full-time or part-time mental health education teachers to carry out mental health education. Based on the actual situation, schools may cooperate with professional mental health institutions to establish mechanisms for mental health screening and early intervention to prevent and resolve students' psychological and behavioral abnormalities.     

Schools shall strengthen communication with minor students' parents or other guardians, and jointly complete mental health education for minor students; Where it is discovered that a minor student might have a mental disorder, their parents or other guardians shall be immediately informed to send them to a relevant professional institution for diagnosis and treatment.     

Article 20: The administrative departments for education, in conjunction with relevant departments, shall establish systems for the prevention and control of student bullying. Schools shall strengthen routine security management, improve work processes for the discovery and handling of student bullying, and strictly investigate and promptly eliminate all kinds of hidden dangers that might lead to student bullying.     

Article 21: The administrative departments for education are to encourage and support schools in hiring social workers to stay in schools on a long-term or regular basis, to assist in carrying out education on morality, the rule of law, life, and mental health, and to participate in the prevention and handling of student bullying and other such conduct.     

Article 22: Administrative departments for education and schools shall introduce scientific and rational educational methods through holding lectures, discussions, trainings, and other activities, and guide faculty and staff, and the parents or other guardians of minor students to effectively prevent juvenile crime.     

Schools shall inform the parents or other guardians of minor students of the crime prevention education plan. The parents or other guardians of minor students shall cooperate with schools in carrying out targeted crime prevention education for minor students.     

Article 23: The administrative departments for education shall include the effectiveness of crime prevention education in the content of schools' annual evaluations.     

Article 24: All levels of people's government and their relevant departments, people's procuratorates, people's courts, Communist Youth Leagues, Young Pioneers, Women's Federations, Disabled Persons' Federations, Working Committees for the Care of the Next Generation, and so forth, shall organize and hold various forms of publicity and education activities on the prevention of juvenile crime in light of actual conditions. Where there is capacity, bases for juvenile legal education may be established to carry out legal education for minors.     

Article 25: Residents' committees and villagers' committees shall actively carry out targeted publicity activities on the prevention of juvenile crime, assist the public security organs in maintaining public security around schools, promptly grasp the guardianship, schooling, and employment of minors in their jurisdiction, and organize and guide community social organizations to participate in efforts to prevent juvenile crime.     

Article 26: Youth palaces, children's activity centers, and other venues for extracurricular activities shall make crime prevention education an important part of their work, and carry out various forms of publicity and education activities.     

Article 27: When vocational training establishments and employers conduct vocational training for minors who have already reached the age of 16 and are preparing for employment, they shall include crime prevention education in the content of the training.

Chapter II: Intervention in Negative Conduct

Article 28: "Negative conduct" as used in this Law refers to the following conduct carried out by minors that is not conducive to their healthy growth:    

(1) Smoking or drinking;     

(2) Repeated absenteeism or truancy;     

(3) Not returning home at night or running away from home for no reason;     

(4) Addiction to the Internet;     

(5) Associating with people with negative habits in society, organizing or participating in gangs that carry out negative conduct;     

(6) Entering venues that laws and regulations provide are inappropriate for minors to enter;     

(7) Participating in gambling, disguised gambling, or participating in feudal superstition, cults, or other such activities;     

(8) Reading, watching, or listening to reading materials, audio-visual products, or online information that promote obscenity, pornography, violence, terror, extremism, or other such content;     

(9) Other negative conduct that is not conducive to the healthy physical and psychological growth of minors.     

Article 29: Where minors' parents or other guardians discover that minors have negative conduct, they shall promptly stop it and strengthen discipline.     

Article 30: Where public security organs, residents' committees, or villagers' committees discover that minors in their jurisdiction have negative conduct, they shall promptly stop it, and urge their parents or other guardians to perform guardianship duties in accordance with law.     

Article 31: Schools shall strengthen management education for minor students with negative conduct, and must not discriminate against them; Where corrections are refused or the circumstances are serious, the school may give sanctions or employ the following management and education measures based on the circumstances:    

(1) Discipline them;     

(2) Require compliance with specific codes of conduct;     

(3) Requiring participation in education on specific topics;     

(4) Require participation in on-campus service activities;     

(5) Requesting psychological counseling and behavioral intervention from social workers or other professionals;     

(6) Other appropriate management and education measures.     

Article 32: Schools and families shall strengthen communication and establish mechanisms for home-school cooperation. Where schools decide to employ management and education measures for minor students, they shall promptly inform their parents or other guardians; Parents or other guardians of minor students shall support and cooperate with the school in carrying out management education.     

Article 33: Where minor students steal small amounts of property, or have bullying conduct such as beating, insulting, intimidating, or forcibly demanding property, and the circumstances are minor, the school may employ corresponding management and education measures in accordance with article 31 of this Law.     

Article 34: Where minor students are absent from school or school, schools shall promptly contact their parents or other guardians to learn about the situation; Where there is no legitimate reason, the school and the minor student's parents or other guardians shall urge them to return to school for study.     

Article 35: Where minors do not return home at night or run away from home without reason, their parents or other guardians and boarding schools shall promptly search for them, and when necessary, report to the public security organs.     

Where minors who do not return home at night or run away from home are taken in, their parents or other guardians and their school shall be promptly contacted; and where it is impossible to get in touch, it shall be promptly reported to the public security organs.     

Article 36: After discovering or receiving a report from public security organs, public venue management bodies, and so forth, of minors who do not return home at night, run away from home, or live on the streets, they shall promptly employ effective protective measures, and notify their parents or other guardians and the boarding school to which they belong, and when necessary, shall escort them back to their residence or school; Where there is no way to contact their parents, other guardians, or schools, the minor shall be escorted to an aid and protection institution to receive assistance.     

Article 37: Where minors' parents or other guardians or schools discover that minors have organized or participated in gangs that carry out negative conduct, they shall promptly stop them; Where it is discovered that the gang is suspected of violating the law or committing a crime, it shall be immediately reported to the public security organs.   Chapter IV: Correction of Serious Negative Conduct   

Article 38: "Serious negative conduct" as used in this Law refers to conduct carried out by minors that is provided for in the Criminal Law and is not subject to criminal punishment because they are under the legally-prescribed age of criminal responsibility, as well as the following conduct that seriously endangers society:    

(1) Picking quarrels and provoking trouble, such as gangs fighting, chasing or intercepting others, forcibly taking or arbitrarily destroying or occupying public or private property;     

(2) Illegally carrying firearms, ammunition, crossbows, daggers, and other controlled instruments provided for by the state;     

(2) beating, verbally abuse, intimidating, or intentionally harming others;     

(3) Stealing, looting, snatching, or intentionally damaging public or private property;     

(4) Disseminating obscene reading materials, audio-visual products, or information;     

(5) Prostitution, soliciting prostitution, or performing obscene performances;     

(6) ingesting or injecting drugs, or providing drugs to others;     

(7) Participating in gambling with a relatively large amount of money;     

(8) Other conduct that seriously endangers society.     

Article 39: Where minors' parents or other guardians, schools, residents' committees, or villagers' committees discover that minors have been instigated, coerced, or enticed to commit serious negative conduct, they shall immediately report it to the public security organs. Where public security organs receive reports or discover the circumstances described above, they shall promptly investigate and handle them in accordance with law; Effective protective measures shall be immediately employed for minors whose physical safety is threatened.     

Article 40: Where public security organs receive reports or discover that minors have serious negative conduct, they shall promptly stop it, investigate and handle it in accordance with law, and may order their parents or other guardians to eliminate or mitigate the consequences of the violation, and employ measures to strictly discipline them.     

Article 41: For minors with serious negative conduct, the public security organs may employ the following corrective education measures based on the specific circumstances:    

(1) Give a reprimand;     

(2) Order a formal apology and compensation for losses;     

(3) Order a statement of repentance;     

(4) Order periodic reporting on activities;     

(5) Order compliance with specific norms of conduct, and must not carry out specific conduct, contact specific persons, or enter specific venues;   (6) Ordering psychological counseling or behavioral corrections;     

(7) Ordering participation in social service activities;     

(8) Order them to accept social care, and have social organizations and relevant institutions conduct education, oversight, and discipline of minors in appropriate venues;     

(9) Other appropriate correctional and educational measures.     

Article 42: When public security organs conduct correctional education for minors, they may invite social organizations such as schools, residents' committees, villagers' committees, and social work service establishments to participate as needed.     

Minors' parents or other guardians shall actively cooperate with the implementation of correctional education measures, and must not obstruct or let them go.     

Article 43: Where minors with serious negative conduct, where the minors' parents or other guardians, or their schools, are unable to discipline them or where discipline is ineffective, they may submit an application to the administrative departments for education, and after the specialized education guidance committee assesses and consents, the administrative departments for education are to decide to send them to specialized schools to receive specialized education.     

Article 44: In any of the following circumstances, upon assessment and consent of the Specialized Education Guidance Committee, the administrative departments for education, together with the public security organs, may decide to send them to specialized schools to receive specialized education:    

(1) Carrying out conduct that seriously endangers society, where the circumstances are heinous or cause serious consequences;     

(2) Repeatedly carrying out conduct that seriously endangers society;     

(3) Refusal to accept or cooperate with correctional education measures provided for in article 41 of this Law;     

(4) Other circumstances provided for by laws and administrative regulations.    

Article 45: Where minors carry out conduct provided for in the Criminal Law and are not given criminal punishment because they are under the legally-prescribed age of criminal responsibility, upon assessment and consent of the Specialized Education Guidance Committee, the administrative departments for education, together with the public security organs, may decide to give them specialized corrections education.     

Provincial-level people's governments shall, in consideration of actual local conditions, designate at least one specialized school to set up special venues in accordance with methods such as sub-campuses and classes, to carry out specialized correctional education for the minors provided for in the preceding paragraph.     

The special venues provided for in the preceding paragraph are to implement closed-loop management, with the public security organs and judicial administrative departments responsible for corrections efforts for minors, and the administrative departments for education undertaking efforts on the education of minors.     

Article 46: Specialized schools shall, at an appropriate time, request the Specialized Education Steering Committee to conduct an assessment of the situation of minor students receiving specialized education in each semester. Where it is assessed that they are suitable to be transferred back to an ordinary school, the Specialized Education Guidance Committee shall submit a written recommendation to the original decision-making organ, and the original decision-making organ is to decide whether to transfer the minor student back to an ordinary school.     

Where the original decision-making organ decides to transfer a minor student back to an ordinary school, the school where the minor student was originally enrolled must not refuse to accept them; Where it is not appropriate to transfer back to the original school due to special circumstances, the administrative department for education is to arrange for the transfer.     

Article 47: Specialized schools shall conduct education and corrections for minors receiving specialized education by level and category, carry out targeted education on morality, rule of law, and mental health, and conduct vocational education based on actual conditions; Minors who have not completed compulsory education shall be ensured to continue to receive compulsory education.     

Where minor students in specialized schools retain their student status at their original schools and meet the requirements for graduation, the original school shall issue a graduation certificate.     

Article 48: Specialized schools shall strengthen contact with the parents or other guardians of minors receiving specialized education, periodically giving them feedback on the situation of minors' corrections and education, and facilitating their parents, other guardians, relatives, and so forth visiting minors.     

Article 49: Where minors and their parents or other guardians are dissatisfied with the administrative decisions provided for in this chapter, they may raise an administrative reconsideration or administrative lawsuit in accordance with law.     

Chapter III: Prevention of Recidivism   

Article 50: Public security organs, people's procuratorates, and people's courts handling juvenile criminal cases shall conduct targeted legal education on the basis of the juvenile's physical and psychological characteristics and the circumstances of the crime.     

Where adult relatives other than their legally-designated representatives, teachers, counselors, and so forth participate in the education of minors involved in criminal cases, and are conducive to reforming or rescuing minors, the public security organs, people's procuratorates, and people's courts shall invite them to participate in the relevant activities.    

Article 51: Public security organs, people's procuratorates, and people's courts handling juvenile criminal cases may conduct a social investigation of the juvenile criminal suspect's or defendant's upbringing, reasons for the crime, guardianship, education, and other circumstances on their own or by retaining relevant social organizations or institutions; On the basis of actual needs and with the consent of the juvenile criminal suspect or defendant and their legally-designated representatives, a psychological evaluation of the juvenile criminal suspect or defendant may be conducted.     

Reports from social investigations and psychological evaluations may be used as a reference in handling cases and educating minors.     

Article 52: Where public security organs, people's procuratorates, and people's courts apply release on guarantee pending further investigation to minors who have no fixed residence and are unable to provide a guarantor, they shall designate an appropriate adult as the guarantor, and when necessary, may arrange for minors released on guarantee to receive social care.     

Article 53: Juveniles who are detained, arrested, or serving their sentences in juvenile correctional facilities shall be detained, managed, and educated separately from adults. Community corrections for minors shall be conducted separately from adults.     

For minors who have the circumstances described above and have not completed compulsory education, the public security organs, people's procuratorates, people's courts, and judicial administrative departments shall cooperate with the administrative departments for education to ensure that they continue to receive compulsory education.     

Article 54: Juvenile correctional facilities and community corrections establishments shall strengthen legal education for juvenile offenders and juvenile community corrections subjects, and provide them with vocational education based on actual conditions.     

Article 55: Community corrections establishments shall inform juvenile community corrections subjects of the relevant provisions on placement of aid and education, and cooperate with the departments for placement of aid and education to implement or resolve issues such as juvenile community corrections subjects' schooling and employment.     

Article 56: Juvenile correctional facilities shall notify their parents or other guardians in advance to pick them up on time for juveniles released after completing their sentences, and assist in implementing placement assistance and education measures. Where there are no parents or other guardians, or there is no way to ascertain their parents or other guardians, the juvenile correctional facility shall notify the judicial-administrative departments for the minor's original household registration or residence in advance to arrange for personnel to pick them up on time, and the civil affairs departments, residents' committees, or villagers' committees are to take custody of them in accordance with law.     

Article 57: Minors' parents or other guardians, as well as schools, residents' committees, and villagers' committees, shall employ effective aid and education measures for minors who are receiving community corrections or released from prison at the completion of their sentences, and assist the judicial organs and relevant departments in completing efforts to place minors for aid and education.     

Residents' committees and villagers' committees may hire retirees, volunteers, or other persons with excellent ideological and moral character, decent work style, and enthusiasm for working with minors to assist in completing the placement, assistance, and education work provided for in the preceding paragraph.     

Article 58: Minors who have been released after completing their sentences and are receiving community corrections enjoy the same rights as other minors in areas such as resuming school, advancing to higher education, and employment, and must not be discriminated against by any unit or individual.     

Article 59: Where juveniles' criminal records are sealed in accordance with law, the public security organs, people's procuratorates, people's courts, and judicial administrative departments must not provide them to any unit or individual, except where judicial organs need to handle the case or relevant units conduct inquiries on the basis of relevant state provisions. Units and individuals conducting inquiries in accordance with law shall keep the relevant record information confidential.     

The provisions of the preceding paragraph apply to records of minors receiving specialized correctional education or specialized education, as well as records of receiving administrative punishments, employing criminal compulsory measures, and not prosecuting.     

Article 60: People's procuratorates are to conduct oversight of efforts to prevent juvenile recidivism through the lawful exercise of procuratorial power.     

Chapter VI: Legal Responsibility    

Article 61: Where in the course of handling a case, public security organs, people's procuratorates, or people's courts discover that the parents or other guardians of minors who have committed serious negative conduct do not perform guardianship duties in accordance with law, they shall give them a reprimand and may order them to accept family education guidance.     

Article 62: Where schools and their faculty and staff violate the provisions of this Law by not performing duties to prevent juvenile crime, or by abusing or discriminating against minors, the administrative departments for education are to order corrections and circulate criticism; and where the circumstances are serious, the directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law. Where a violation of the administration of public security is constituted, the public security organs are to give public security administrative sanctions in accordance with law.     

Where faculty and staff instigate, coerce, or entice minors to carry out negative conduct or serious negative conduct, as well as where they have bad conduct or have a heinous impact, the administrative departments for education and schools shall dismiss or dismiss them in accordance with law.     

Article 63: Where the provisions of this Law are violated by discriminating against minors in areas such as resuming school, advancing to higher education, or employment, the unit to which they belong or the departments for education, human resources, and social security are to order corrections; and where corrections are refused, the directly responsible managers or other directly responsible personnel are to be given sanctions in accordance with law.     

Article 64: Where relevant social organizations, institutions, and their staffs abuse or discriminate against minors receiving social care, or issue false social investigation or psychological evaluation reports, the departments for civil affairs, judicial administration, and other such departments are to give sanctions to the directly responsible managers or other directly responsible personnel in accordance with law, and where a violation of the administration of public security is constituted, the public security organs are to give public security administrative sanctions.     

Article 65: Where instigating, coercing, or enticing minors to carry out negative conduct or serious negative conduct constitutes a violation of the administration of public security, the public security organs are to give public security administrative sanctions in accordance with law.     

Article 66: Where state organs and their staffs abuse their authority, derelict their duties, or twist the law for personal gain in efforts to prevent juvenile crime, the directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law.     

Article 67: Where violations of the provisions of this Law constitute a crime, criminal responsibility is pursued in accordance with law.     

Chapter VIII: Supplementary Provisions    

Chapter IX: Article 68: This Law takes effect on June 1, 2021.