The Supreme People's Procuratorate, the State Supervision Commission, the Ministry of Education, the Ministry of Public Security, the Ministry of Civil Affairs, the Ministry of Justice, the National Health Commission, the Central Committee of the Communist Youth League of China, and the All-China Women's Federation

2020May 7

Article 1: These Opinions are drafted on the basis of the Criminal Procedure Law of the People's Republic of China, the Law of the People's Republic of China on the Protection of Minors, the Law of the People's Republic of China on the Prevention of Domestic Violence, the Law of the People's Republic of China on Medical Practitioners, and relevant laws and regulations, and in consideration of the actual conditions of efforts to protect minors, so as to truly strengthen comprehensive and comprehensive judicial protections for minors, and to promptly and effectively punish violations and crimes against minors.

Article 2: Mandatory reporting of cases of violations against minors refers to state organs, all types of organizations authorized by laws and regulations to exercise public power, and public employees as provided for by law, as well as all types of organizations and their employees in industries that have close contact with minors, and where they discover in the course of work that minors have suffered or are suspected of having suffered unlawful violations or are facing the risk of unlawful violations, they shall immediately report the case or report it to the public security organs.

Article 3: "All types of organizations in industries with close contact with minors" as used in these Opinions refers to enterprises, public institutions, basic-level mass autonomous organizations, and social organizations that have special duties such as education, care, medical treatment, assistance, and guardianship for minors in accordance with law, or that do not have special duties but have the capacity for close contact with minors. Mainly include: resident (village) committees; primary and secondary schools, kindergartens, off-campus training institutions, venues for minors' off-campus activities, and other educational institutions and school bus service providers; childcare services such as nurseries; hospitals, maternal and child health hospitals, emergency centers, clinics and other medical institutions; child welfare establishments, aid management institutions, aid and protection institutions for minors, and social work service organizations; Hotels, guesthouses, etc.

Article 4: "Situations in which minors are discovered or suspected of having suffered unlawful violations or are at risk of unlawful violations in the course of work" as used in these Opinions include:

(1) The minor has suffered or is suspected to have suffered abnormal damage to his or her reproductive organs or private parts;

(2) Female minors under the age of 14 have suffered or are suspected of having suffered sexual violations, become pregnant, or have had an abortion;

(3) Female minors over the age of 14 who have suffered or are suspected of having suffered sexual assault resulting in pregnancy or miscarriage;

(4) The minor has multiple injuries on his or her body, is severely malnourished, or is unconscious, or is suspected of having been subjected to domestic violence, bullying, abuse, beatings, or being anesthetized;

(5) Minors are disabled or die due to suicide, self-harm, work-related injuries, poisoning, being anesthetized, beaten, or other abnormal causes;

(6) Minors have been abandoned or have been left uncared for for a long period of time;

(7) Where it is discovered that minors are of unknown origin, missing, or have been trafficked or bought;

(8) Where it is discovered that minors have been organized to beg;

(9) Other situations that seriously harm minors' physical and psychological health, or where minors are facing the risk of unlawful violations.

Article 5: Where a case or report is made to the public security organs on the basis of the circumstances provided for in these Opinions, it shall be reported and filed in accordance with the requirements of the competent administrative organs.

Article 6: Relevant units, institutions, organizations, and individuals that have the capacity for preliminary verification may conduct a preliminary verification of minors' suspected unlawful violations, and submit the relevant materials to the public security organs when reporting or reporting the case.

Article 7: When medical establishments and their practitioners admit minors who have suffered or are suspected of suffering physical or mental harm, they shall maintain a high degree of vigilance, and write, record, and store relevant medical records and materials in accordance with provisions.

Article 8: After public security organs receive reports or reports of suspected violations of minors' rights and interests, they shall immediately accept them, ask about the preliminary circumstances of the case, and make a record. Based on the specific circumstances of the case, where there is a suspected violation of the administration of public security, the case is to be reviewed in accordance with law; where a crime is suspected, a case is to be filed and investigated in accordance with law. and where it is not within their own jurisdiction, promptly transfer it to the public security organ with jurisdiction.

Article 9: Public security organs investigating cases of violations against minors shall follow legally-prescribed procedures to promptly and comprehensively collect fixed evidence. In cases of violent crimes seriously against minors, or major or sensitive cases of high social concern, the public security organs and people's procuratorates shall strengthen consultation, communication, and cooperation in handling the case.

When public security organs and people's procuratorates lawfully collect evidence such as handling records, surveillance materials, and witness testimony needed from the person or unit reporting the crime, the relevant units and their staffs shall actively assist and cooperate, and fully provide it in accordance with relevant provisions.

Article 10: Within 3 days of accepting or filing a case, the public security organs shall give feedback on the progress of the case to the unit that reported the case, and inform the unit that reported the case before transferring it for review for prosecution.

Article 11: People's procuratorates shall truly strengthen oversight of case filing of cases of violations against minors. Where it is found that the public security organs should have filed a case but do not do so, they shall request that the public security organs explain the reasons for not filing the case. Where it is found that the reasons for not filing a case cannot be sustained, the public security organs shall be notified to file the case, and the public security organs shall immediately file the case after receiving the notice.

Article 12: Where public security organs and people's procuratorates discover that minors need protection and assistance, they shall entrust or join with the civil affairs departments or mass organizations such as the Communist Youth League and Women's Federation to carry out necessary protective measures such as economic assistance, medical treatment, psychological intervention, and investigation and assessment for minors and their families. Where the juvenile victim's life is particularly difficult, the judicial organs shall promptly initiate judicial assistance.

Where public security organs and people's procuratorates discover that minors' parents or other guardians are not performing guardianship duties in accordance with law, or that they are violating the minors' lawful rights and interests, they shall give them a reprimand or order them to accept family education guidance. Where corrections are still not made after education, and the circumstances are serious, punishment shall be given in accordance with laws and regulations.

Public security organs, women's federations, residents' committees, villagers' committees, aid management bodies, and children's aid and protection establishments discovering that minors have suffered domestic violence or are facing a real threat of domestic violence, may apply to the people's courts for a personal safety protection order on their behalf in accordance with law.

Article 13: Public security organs, people's procuratorates, judicial-administrative organs, and administrative organs in charge of education, civil affairs, health, and so forth, shall preserve the confidentiality of the informant's information. Those who illegally steal or leak the reported matters, the acceptance of the report, and the reporter's information are to be severely punished in accordance with laws and regulations.

Article 14: Relevant units, organizations, and their staffs shall pay attention to protecting the privacy of minors, strictly maintaining the confidentiality of information and materials such as the identities and circumstances of minors involved in the case, and strictly prohibiting transmission through the internet or other means. and where it is privately disseminated, public security punishments are to be given in accordance with law or criminal responsibility is to be pursued.

Article 15: Ensuring that relevant units and their staffs perform mandatory reporting responsibilities in accordance with law, and that reporters do not bear legal responsibility for disputes arising from reporting cases of violations against minors in accordance with provisions; Organizations or individuals that interfere with or obstruct reporting are to be pursued for legal responsibility in accordance with law.

Article 16: Where units with reporting obligations and their staffs fail to perform their reporting duties, causing serious consequences, the competent administrative organ or that unit is to give corresponding sanctions to the directly responsible managers or other directly responsible personnel in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law. Where relevant units or unit managers prevent staff from reporting, they are to be given a heavier punishment.

Article 17: Where public employees exercising public power do not attach importance to mandatory reporting efforts for a long period of time, and do not follow provisions to implement the requirements of the mandatory reporting system, on the basis of the circumstances, consequences, and other circumstances, the Supervision Commission shall lawfully hold the relevant units and personnel accountable for dereliction of duty and responsibility, and investigate and handle suspected violations and crimes abusing public office in accordance with law.

Article 18: People's procuratorates are to conduct legal oversight of the implementation of these Opinions in accordance with law. Where it is discovered in the course of work that relevant units are ineffective in implementing or supervising these Opinions, they may be supervised and corrected through methods such as issuing a procuratorial recommendation.

Article 19: Where minors who have suffered violations are properly protected and criminals are punished in accordance with law as a result of promptly reporting cases, the public security organs, people's procuratorates, and civil affairs departments should promptly give feedback to their competent departments on the relevant circumstances, and individually or jointly give awards and commendations to relevant institutions and personnel.

Article 20: The competent departments of the units responsible for mandatory reporting shall guide and urge the responsible units to strictly implement these Opinions within the scope of their functions, and conduct inspections of the implementation of these Opinions through methods such as annual reports and irregular inspections. Pay attention to strengthening guidance and training, truly increasing the awareness and ability level of relevant units and personnel to protect minors.

Article 21: All levels of supervision commission, people's procuratorate, public security organs, judicial-administrative organs, departments for education, civil affairs, and health, as well as women's federations and Communist Youth League organizations, shall strengthen communication and exchanges, periodically report on the state of work, and promptly study new situations and issues that arise in practice.

All departments have established a joint meeting system, clarified the contact person for mandatory reporting, unblocked communication channels, and strengthened work cohesion and information sharing. The people's procuratorate is responsible for the daily work arrangements of the joint conference system.

Article 22: Relevant units should strengthen policies and rule of law publicity on mandatory reporting of cases of violations against minors, strengthening the entire society's awareness of the protection of minors and the struggle against violations and crimes against minors, striving for understanding and support, and creating a positive social atmosphere.

  Article 23: These Opinions take effect on a trial basis from the date of issuance.