Law of the People's Republic of China on Protection of Minors

Updated: 2020-10-17

Article 93 With respect to minors under temporary guardianship, the civil affairs department may arrange them by means of entrusting relatives to foster them or by means of family fostering care, or may hand them over to the relief and protection institutions for minors or the welfare institutions for children to take them in and foster them.

During temporary guardianship, the civil affairs department may return the minor to the guardian to raise if the guardian is qualified to perform the duty under guardianship again after evaluation by the civil affairs department.

Article 94 Under any of the following circumstances, the civil affairs department shall provide long-term guardianship of minors in accordance with law:

(1) Parents or other guardians of minors cannot be found;

(2) The guardian dies or is declared dead and no other person can act as the guardian;

(3) The guardian is incapacitated and no other person can act as a guardian;

(4) The people's court decided to revoke the guardian's qualification and designated the civil affairs department as the guardian;

(5) Other circumstances provided by law.

Article 95 After the adoption assessment, the civil affairs department may, in accordance with law, hand over the minors under long-term guardianship to the qualified applicants for adoption. After the adoption relationship is established, the guardianship between the civil affairs department and the minor is terminated.

Article 96 In case the civil affairs department undertakes the duty of temporary guardianship or long-term guardianship, the departments of finance, education, health and public security shall cooperate according to their respective duties.

People's governments above the county level and their civil affairs departments shall, according to their needs, set up relief and protection institutions for minors and children welfare institutions, responsible for taking in and raising minors under the guardianship of civil affairs departments.

Article 97 The people's governments above the county level shall open a unified national hotline for the protection of minors, and promptly accept and refer complaints and reports about the infringement upon the lawful rights and interests of minors; and shall encourage and support people's organizations, enterprises, institutions and social organizations to participate in the development of service platforms, service hotlines and service stations for the protection of minors to provide consultation and help on the protection of minors.

Article 98 The State shall establish an information inquiry system of law-breakers and criminal offenders who commit crimes such as sexual assault, maltreatment, abduction and trafficking, and violent injury, so as to provide free inquiry services to units that have close contact with minors.

Article 99 Local people's governments shall cultivate, guide and regulate the participation of relevant social organizations and social workers in the protection of minors, provide family education and guidance services, and provide professional services for psychological counseling, rehabilitation assistance, guardianship and adoption evaluation of minors.

Chapter VII 

Judicial Protection

Article 100 The public security organs, people's procuratorates, people's courts and judicial administrative departments shall perform their duties in accordance with law and protect the lawful rights and interests of minors.

Article 101 The public security organs, people's procuratorates, people's courts and judicial administrative departments shall set up specialized agencies or appoint specialized personnel to handle cases involving minors. Personnel handling cases involving minors shall receive special training and be familiar with the physical and mental characteristics of minors. Among the specialized agencies or personnel, there shall be female staff.

The public security organs, people's procuratorates, people's courts and judicial administrative departments shall implement the evaluation and assessment standards appropriate to the protection of minors for the above-mentioned institutions and personnel. 

Article 102 When handling cases involving minors, public security organs, people's procuratorates, people's courts and judicial administrative departments shall take into account the physical and mental characteristics of minors and the needs of their healthy growth, use languages and expressions that minors can understand, and hear their opinions.

Article 103 The public security organs, people's procuratorates, people's courts, judicial administrative departments and other organizations and individuals shall not disclose the names, images, residences, schools of study and other information that may identify minors in relevant cases, except for the circumstances of searching for missing or abducted minors.

Article 104 With respect to minors who need legal aid or judicial assistance, legal aid institutions or public security organs, people's procuratorates, people's courts and judicial administrative departments shall help and provide them with legal aid or judicial assistance in accordance with law.

Legal aid institutions shall appoint lawyers who are familiar with the physical and mental characteristics of minors to provide legal aid services for minors.

Legal aid institutions and lawyers' associations shall provide guidance and training for lawyers handling legal aid cases for minors.

Article 105 The people's procuratorates, by exercising procuratorial power, exercise supervision over litigation activities involving minors in accordance with law.

Article 106 When the lawful rights and interests of minors are infringed upon and relevant organizations or individuals fail to bring a lawsuit on their behalf, the people's procuratorates may urge and support them to bring a lawsuit; where public interests are involved, the people's procuratorates have the right to file a public interest lawsuit.

Article 107 When trying inheritance cases, the people's courts shall protect the minors' right of inheritance and legacy in accordance with law.

In trying a divorce case involving the issue of raising a minor child, the people's court shall respect the true will of the minor who has reached the age of eight, and handle it according to the specific circumstances of both parties, and the principle that is in the best interests of the minor in accordance with law.

Article 108 If the parents or other guardians of a minor fail to perform their duty under guardianship in accordance with law, or seriously infringe upon the lawful rights and interests of the minor under guardianship, the people's court may, upon the application of the relevant person or unit, order a writ of habeas corpus or revoke the guardianship in accordance with law.

The parents or other guardians whose guardianship has been revoked shall continue to bear the expenses for upbringing in accordance with law.

Article 109 If a people's court tries a case involving a minor such as divorce, upbringing, adoption, guardianship or visit, it may, on its own or by entrusting a social organization, conduct a social investigation on the relevant situation of the minor.

Article 110 The public security organs, people's procuratorates and people's courts shall, in interrogating minor suspects and defendants and inquiring about minor victims and witnesses, notify their legal representatives or their adult relatives, representatives of their schools, and other appropriate adults to come to present in accordance with law, and conduct the interrogation and inquiry in appropriate measures and places, to protect minors' right of reputation, privacy and other lawful rights and interests.

When the people's court is in session to hear cases involving minors, the minor victims or witnesses generally do not appear in court to testify; if they have to appear in court, such protective measures shall be taken as technical means to protect their privacy and psychological intervention.

Article 111 The public security organs, people's procuratorates and people's courts shall, with respect to the minor victims of sexual assault or violence and their families, cooperate with other relevant government departments, people's organizations and social organizations to take necessary psychological intervention, economic assistance, legal aid, transfer to other schools or other protective measures.

Article 112 The public security organs, people's procuratorates and people's courts, when handling cases of sexual assault or violent injury to minors, shall take such measures as synchronous audio and video recording when interrogating minors' victims and witnesses, trying to complete the procedures at one time; if the minor victim or witness is female, the procedures shall be done by female staff.

Article 113 The principles of education, rehabilitation and redemption shall be applied to minors who break the law or commit crimes, and the principle of education first and punishment second shall be followed.

After the minors who break the law or commit crimes being punished in accordance with law, they shall not be discriminated against in terms of further education and employment. 

Article 114 If the public security organ, people's procuratorate, people's court or judicial administrative department finds that a relevant unit has not fulfilled its duty of protecting minors in educating, managing, rescuing or caring for minors, it shall make suggestions to that unit. The unit receiving the suggestions shall give a written reply within one month.

Article 115 The public security organs, people's procuratorates, people's courts and judicial administrative departments shall, in the light of the actual situation and the characteristics of cases involving minors, carry out publicity and education on the rule of law for minors.

Article 116 The State encourages and supports, in cases involving minors, social organizations and social workers to participate in psychological intervention, legal aid, social investigation, social probation and protection, education and correction, and community correction of minors.

Chapter VIII

Legal Responsibility

Article 117 With respect to the violation of the second paragraph of Article 11 of this Law, where an organization or individual fails to perform reporting obligation resulting in serious consequences, the competent department at a higher level or the charging unit shall, in accordance with law, impose sanctions on the person in charge and other persons who are directly responsible.

Article 118 If failing to perform their duties under guardianship in accordance with law, or infringing upon the lawful rights and interests of minors, the parents or other guardians of minors shall be admonished or dissuaded by the residents' or villagers' committees where they live; if the consequences are serious, the residents' committee or villagers' committee shall report to the public security organ in time.

When a public security organ receives a report, or when a public security organ, people's procuratorate or people's court finds that the parents or other guardians of a minor have the above circumstances in handling a case, it shall admonish them and may order them to receive guidance of family education.

Article 119 If schools, kindergartens, infant care institutions and their teaching staff violate the provisions of Articles 27, 28 and 39 of this Law, they shall be ordered to make corrections by the public security, education, health and market supervision and administration departments and other departments in accordance with their respective responsibilities; if they refuse to make corrections or if the consequences are serious, the person in charge who is directly responsible and other persons who are directly responsible shall be given sanctions in accordance with law.

Article 120 With respect to the violation of the provisions of Articles 44, 45 and 47 of this Law, when a minor is not given free or preferential treatment, the market supervision and administration, culture and tourism, transportation and other departments shall, in accordance with the division of responsibilities, order the relevant party to make corrections within a time limit and give it a warning; those who refuse to make corrections shall be fined not less than 10,000 yuan but not more than 100,000 yuan.

Article 121 With respect to violation of Articles 50 and 51 of this Law, the departments of press and publication, radio and television, film, cyberspace affairs and other departments, shall, in accordance with the division of responsibilities, order the relevant party to make corrections within a time limit, give it a warning, or confiscate the illegal income, and may also make a fine of no more than 100,000 yuan; those who refuse to make corrections or cause serious consequences, shall be ordered to suspend relevant business, suspend production or business, or have its business license or relevant permits revoked. If the illegal income is more than one million yuan, it shall also be fined not less than one time but not more than ten times of the illegal income. If there is no illegal income or the illegal income is less than one million yuan, it shall also be fined not less than 100,000 yuan but not more than one million yuan.

Article 122 When an operator of a place violates the provisions of the second paragraph of Article 56 of this Law or a lodging operator violates the provisions of Article 57 of this Law, the market supervision and administration, emergency management, public security and other departments shall, in accordance with the division of responsibilities, order the operator to make corrections within a time limit and give it a warning; if it refuses to make corrections or causes serious consequences, it shall be ordered to suspend business for rectification, or its business license or relevant license shall be revoked, and it shall also be fined not less than 10,000 yuan but not more than 100,000 yuan.

Article 123 When a relevant business operator violates the provisions of Article 58, the first paragraph of Article 59 and Article 60 of this Law, the departments of culture and tourism, market supervision and administration, tobacco monopoly, public security and other departments shall, in accordance with the division of responsibilities, order the operator to make corrections within a time limit, give it a warning, confiscate the illegal gains and may also impose a fine of less than 50,000 yuan; if it refuses to make corrections or if the consequences are serious, it shall be ordered to suspend business for rectification, or its business license or relevant license shall be revoked, and it may also be fined not less than 50,000 yuan but not more than 500,000 yuan.

Article 124 Anyone who, in violation of the provisions of the second paragraph of Article 59 of this Law, smokes or drinks alcohol in schools, kindergartens or other public places where minors gather for activities shall be ordered by the departments of health, education and market supervision and administration, and other departments according to their respective functions and duties to make corrections, given a warning and may also be fined not more than 500 yuan; if the administrator of a place does not prevent the above behaviors in time, the departments of health, education, market supervision and administration and other departments shall give the administrator a warning according to the division of responsibilities, and impose a fine of less than 10,000 yuan.

Article 125 Any organization or individual which violates the provisions of Article 61 of this Law shall be ordered by the departments of culture and tourism, human resources and social security, and market supervision and administration and other departments, in accordance with their respective functions and duties to make corrections within a time limit, be given a warning, have his illegal income confiscated, and may also be fined not more than 100,000 yuan; if he refuses to make corrections or if the consequences are serious, he shall be ordered to suspend production or business, or his business license or relevant license shall be revoked, and he shall also be fined not less than 100,000 yuan but not more than 1 million yuan.

Article 126 If a unit that has close contact with minors violates the provisions of Article 62 of this Law and fails to perform its duty of inquiry, or recruits or continues to employ persons with relevant illegal acts or criminal records, the departments of education, human resources and social security, market supervision and administration and other departments shall, in accordance with the division of responsibilities, 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 it refuses to make corrections or causes 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 50,000 yuan but not more than 500,000 yuan shall be imposed, and the person in charge and other persons directly responsible shall be given sanctions in accordance with law.

Article 127 If an information processor violates the provisions of Article 72 of this Law, or if a network product and service provider violates the provisions of Articles 73, 74, 75, 76, 77 or 80 of this Law, it shall be ordered by the departments of public security department, cyberspace affairs department, telecommunications department, press and publication department, radio and television department and other relevant departments to make corrections, given a warning in accordance with their respective functions and duties, and the illegal gains shall be confiscated. If the illegal gains exceed one million yuan, they shall be fined not less than one time but not more than ten times the illegal gains. If there are no illegal gains or the illegal gains are less than one million yuan, they shall also be fined not less than 100,000 yuan but not more than one million yuan and the person in charge directly responsible and other responsible persons shall be fined not less than 10,000 yuan but not more than 100,000 yuan; if it refuses to make corrections or if the consequences are serious, it may also be ordered to suspend relevant business, suspend business for rectification, close its website, or its business license or relevant permits may be revoked.

Article 128 Any staff member of a State organ, who neglects his duty, abuses his power or is engaged in malpractices for personal gain, thus harming the lawful rights and interests of minors, shall be given a sanction in accordance with law.

Article 129 Anyone who violates the provisions of this Law, infringes upon the lawful rights and interests of minors and causes personal, property or other damage shall bear civil liability in accordance with law.

Anyone who violates the provisions of this Law and constitutes violations of the administration of public security shall be punished in accordance with the law; if a crime is constituted, criminal liability shall be investigated in accordance with law.

Chapter IX 

Supplementary Provisions

Article 130 In this Law, the following terms shall have the following meanings:

(1) Units that have close contact with minors refer to schools, kindergartens and other educational institutions; off-campus training institutions; minor relief and protection institutions, child welfare institutions and other minor placement and relief institutions; infant care service institutions, early education service institutions; off-campus care and temporary care institutions; domestic service organization; medical institutions providing medical services for minors; other enterprises, institutions and social organizations that are responsible for the education, training, guardianship, rescue, nursing and medical treatment of minors.

(2) Schools refer to general primary and secondary schools, special education schools, secondary vocational schools and specialized schools.

(3) Student bullying refers to the behavior happening among students, where one party deliberately or maliciously bullies or insults the other party through body, language, network and other means, causing personal injury, property loss or mental damage to the other party.

Article 131 Foreigners and stateless persons under the age of 18 within the territory of China shall be protected in accordance with the relevant provisions of this law.

Article 132 This Law shall come into effect as of June 1, 2021.


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