(On October 20, 1988, the fifth meeting of the Standing Committee of the Ninth Beijing Municipal People’s Congress passed the Decision on Amending the Regulations on the Protection of Minors in Beijing, which was adopted at the 32nd meeting of the Standing Committee of the Ninth Beijing Municipal People’s Congress on February 14, 1992. Decision on the Protection of People in 2003 Revised at the 8th meeting of the Standing Committee of the 12th Beijing Municipal People’s Congress on December 5, 2003 Revised at the 3rd meeting of the Standing Committee of the 16th Beijing Municipal People’s Congress on May 26, 2023 according to the Decision on Amending Some Local Regulations adopted at the 31st meeting of the Standing Committee of the 14th Beijing Municipal People’s Congress on November 25, 2016)
Catalogue
Chapter I General Principles
Chapter II Family Protection
Chapter III 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 Principles
Article 1 In order to protect the physical and mental health of minors, safeguard their legitimate rights and interests, promote their all-round development, cultivate socialist builders and successors with ideals, morality, culture and discipline, and cultivate new people of the times who are responsible for national rejuvenation, these Regulations are formulated in accordance with the Law of People’s Republic of China (PRC) on the Protection of Minors and other laws and administrative regulations, and in light of the actual situation of this Municipality.
Article 2 Protecting minors is the common responsibility of the whole society, and the principle of being most beneficial to minors should be adhered to.
Handling matters involving minors shall meet the following requirements:
(a) to give special and priority protection to minors;
(2) Respecting the personal dignity of minors;
(three) to protect the privacy and personal information of minors;
(four) to adapt to the laws and characteristics of the healthy development of minors;
(five) to listen to the opinions of minors;
(6) Combination of protection and education.
Article 3 The government, families, schools and society should provide minors with education in ideals, morality, science, culture, rule of law, national security, health and labor, strengthen education in patriotism, collectivism and Socialism with Chinese characteristics, cultivate public morality of loving the motherland, people, labor, science and socialism, resist the erosion of decadent ideas and guide minors to establish and practice socialist core values.
Article 4 Under the leadership of the Party Committee, this Municipality shall establish a system for the protection of minors, which is coordinated by the government, the judiciary and the family, school and society, and give full play to the efforts of all parties to jointly do a good job in the protection of minors.
Article 5 The municipal and district people’s governments shall incorporate the protection of minors into the national economic and social development plans at the corresponding level, and the relevant funds shall be included in the government budget at the corresponding level.
The municipal and district people’s governments shall establish a coordination mechanism for the protection of minors, and make overall plans, coordinate, urge and guide relevant departments to do a good job in the protection of minors.
Civil affairs, education, public security, health, internet information, market supervision and management, commerce, judicial administration, culture and tourism, press and publication, film, radio and television, transportation and other relevant departments shall do a good job in the protection of minors in accordance with their duties.
Township people’s governments and sub-district offices shall set up workstations for the protection of minors, handle matters related to minors, and support, guide and guarantee the residents’ committees and villagers’ committees to do a good job in the protection of minors. Residents’ committees and villagers’ committees shall set up special personnel to be responsible for the protection of minors.
Article 6 The Communist Youth League, women’s federations, trade unions, disabled persons’ federations, committees for caring for the next generation, youth federations, student federations, young pioneers, other people’s organizations and relevant social organizations shall assist people’s governments at all levels and their relevant departments, people’s procuratorates and people’s courts in the protection of minors, give full play to their respective advantages, carry out activities conducive to the healthy growth of minors and safeguard their legitimate rights and interests.
Article 7 The government, families, schools and society shall educate, help and guide minors to establish self-esteem, self-confidence, self-reliance and self-improvement, guide minors to enhance their awareness of self-protection and safeguard their legitimate rights and interests according to law; Pay attention to the physical and mental health of minors, cultivate social members’ sense of responsibility and conscious action to protect minors, and jointly create a growth environment conducive to the physical and mental health of minors.
Article 8 Any organization or individual has the right to dissuade, stop, or report or accuse the public security, civil affairs, education, health, internet information and other relevant departments when it finds that the situation is not conducive to the physical and mental health of minors or infringes on their legitimate rights and interests.
State organs, residents’ committees, villagers’ committees, units in close contact with minors and their staff members shall immediately report to the relevant departments of public security, civil affairs, education, health, online information and other dangerous situations when they find that the physical and mental health of minors has been infringed, suspected of being infringed or faced with other dangerous situations.
Ninth organizations and individuals that have made remarkable achievements and outstanding contributions to the protection of minors shall be commended and rewarded in accordance with the relevant provisions of the state and this Municipality.
Chapter II Family Protection
Article 10 Parents or other guardians of minors shall bear the main responsibility of family education, learn family education knowledge, accept family education guidance, actively participate in public welfare family education guidance and practical activities provided by family education guidance institutions, schools, kindergartens and communities, establish correct family education concepts, and educate, influence and protect minors with good words and deeds and appropriate methods.
Encourage other adult family members living together to learn family education knowledge, participate in family education guidance and practical activities, and jointly build a civilized and harmonious family relationship.
Eleventh parents or other guardians of minors should educate minors to develop good study and living habits, guide and support minors to participate in family labor, cultural and sports activities, social welfare activities and healthy social interaction activities; Provide a safe family living environment for minors, and promptly eliminate potential safety hazards that cause electric shock, burns, scalds, falls, poisoning and other injuries; Take measures such as child safety seats to prevent minors from being injured by traffic accidents; Educate minors on safety knowledge in transportation, healthy surfing the Internet, drowning prevention, fire prevention, bullying prevention, sexual assault prevention, trafficking prevention and animal injury prevention, pay attention to their mental health, and enhance their awareness and ability of self-protection.
Article 12 Parents or other guardians of minors shall undertake guardianship duties according to law and fulfill the obligations of raising, educating and protecting minors; Giving temporary care to others or entrusting others to take care of minors on their behalf shall comply with the provisions of the law.
Parents or other guardians of minors, other adult family members who live together, and temporary caregivers or entrusted persons who take care of them shall not abuse, abandon, illegally adopt children for adoption, violently harm, sexually violate the physical and mental health and legitimate rights and interests of minors.
Thirteenth parents or other guardians of minors, other adult family members living together, as well as temporary caregivers and entrusted persons who take care of minors, should know the situation in time and take protective measures when they find that their physical and mental health is infringed, suspected of being infringed or other legitimate rights and interests are infringed; If the situation is serious, immediately report to the public security, civil affairs, education, health, network information and other relevant departments. Any organization or individual has the right to urge them to fulfill their reporting obligations, or to report directly to the relevant departments.
Chapter III School Protection
Fourteenth schools and kindergartens should improve and implement the responsibility system for the protection of minors, clarify the protection institutions, establish and implement the protection system, safeguard the legitimate rights and interests of minors, and ensure their healthy growth and all-round development.
Article 15 Schools and kindergartens shall provide necessary health care conditions, set up health care institutions in accordance with regulations, equip full-time or part-time health care workers, purchase necessary medicines and first-aid equipment, and assist health care departments to do a good job in the health care of minors in schools and kindergartens.
Minors in the school, the park or the school, the park organized activities outside the school, personal injury accidents, schools, kindergartens should immediately rescue, properly handle, timely notify the parents or other guardians of minors, and report to the relevant departments.
Article 16 Schools and kindergartens should establish and improve the campus safety management system, implement daily inspections, regular inspections, technical defense monitoring and other measures, and strengthen the safety management of security, facilities, food safety, school bus operation, student dormitories, cultural and sports activities, fire safety and other aspects.
The educational, teaching and living facilities, sanitary environment and conditions of schools and kindergartens, as well as the food, medicine, clothing, teaching AIDS, tableware, sports equipment and other articles for study and daily use provided for minors, shall meet the quality and safety standards.
If a school or kindergarten finds that a faculty member or a person to be hired has physical and mental illness and other situations that may have adverse effects on minors as stipulated by the state, it shall make an assessment as required, and take the assessment results as the basis for whether to hire or adjust the post.
Article 17 Schools should provide full-time mental health education teachers, set up psychological counseling rooms, establish screening and early intervention mechanisms for students’ mental health problems, carry out social life guidance, mental health assessment, adolescent education, life education, etc., provide daily psychological counseling and consultation for underage students, and cooperate with their parents or other guardians to prevent and solve students’ psychological and behavioral abnormalities.
Schools can provide professional mental health services for underage students through cooperation with social work service institutions, professional mental health service institutions and mental health medical institutions.
Article 18 Schools shall establish a system for monitoring students’ physical fitness, and carry out regular physical examinations. If minor students are found to have myopia and other tendencies or have bad behavior habits that affect their physical fitness, they shall make necessary interventions, and urge and guide their parents or other guardians to provide health protection in time.
Nineteenth schools should improve the management system to ensure that underage students use the school’s sports venues and facilities to carry out physical exercise during recess and after class; School sports facilities shall be open to students of our school free of charge or preferential treatment on national statutory holidays, rest days and cold and summer holidays, and the specific measures shall be formulated separately by the municipal education department.
The District People’s Government shall take measures to encourage and support qualified schools to open school sports facilities to non-school minors free of charge or with preferential treatment on national statutory holidays, rest days and summer and winter holidays.
Article 20 Schools should cooperate with parents or other guardians of minor students, arrange students’ study time reasonably in accordance with the provisions of the state and this Municipality, reduce their study burden, and ensure their time for rest, entertainment, physical exercise and social practice.
Schools should strengthen the management of underage students using smart terminal products such as mobile phones. 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 managed in a unified way.
If it is really necessary to incorporate all kinds of thematic education and publicity activities for underage students into the teaching content, they should comply with the provisions of laws and regulations and adapt to the age, physical and mental development stage and cognitive characteristics of the students.
Twenty-first support kindergartens to provide care and education services for children aged two to three; Encourage schools to provide custody services for underage students after school hours and during summer and winter holidays, and enrich the contents of custody services. The education department shall give necessary guidance and support to the services provided by schools and kindergartens.
Encourage and support social forces to set up infant care service institutions. The municipal and district people’s governments and their relevant departments can provide necessary support by providing venues, purchasing services and giving preferential treatment to municipal public services.
Twenty-second schools should incorporate the education of the rule of law into the education and teaching plan, combine the characteristics of underage students, adopt various ways to carry out the education of the rule of law, cultivate the concept of the rule of law, guide them to standardize their own behavior and safeguard their legitimate rights and interests according to law.
Schools should employ qualified personnel from judicial and law enforcement organs, legal education and legal service institutions and other units as vice presidents of the rule of law or off-campus counselors of the rule of law to assist in the work of rule of law education, student protection, safety management and crime prevention, and provide them with necessary work convenience.
Schools should establish a job evaluation system for vice presidents of the rule of law or off-campus counselors of the rule of law under the guidance of education and other departments.
Article 23 Schools and kindergartens shall, in light of the needs of the protection of minors, formulate plans to deal with natural disasters, accidents, public health incidents and other emergencies and accidental injuries, equip them with corresponding facilities, and regularly carry out necessary emergency training and drills such as first aid and self-help.
Schools and kindergartens shall establish a system for preventing sexual assault and harassment of minors, and take timely protective measures against minors who have suffered sexual assault and harassment.
Schools and kindergartens shall not arrange minors to participate in commercial activities, and shall not sell or ask minors and their parents or other guardians to buy designated goods and services.
Article 24 Schools shall establish a system for the prevention and control of student bullying, provide education and training for teaching staff and students to prevent and control student bullying, and improve the ability of teaching staff and students to prevent, identify and deal with student bullying.
Schools should regularly carry out special investigations on the prevention and control of bullying, and adopt various ways to keep abreast of the bullying situation of students. If school staff, parents or other guardians of minors find that students are being bullied or suspected of being bullied, they should report to the school in time. If a student reports bullying, the school should take necessary protective measures.
Schools should immediately stop and identify and deal with students’ bullying according to law, and carry out psychological counseling, educational guidance and family education guidance. Parents or other guardians of underage students should actively cooperate.
Twenty-fifth schools and kindergartens should strengthen contact with parents or other guardians of underage students and young children, and timely communicate their study, life, physical and mental health and safety; You can organize and carry out public welfare family education guidance services and practical activities, and teach the concepts, knowledge and methods of family education.
Parents or other guardians of minor students and young children shall cooperate with and support schools and kindergartens to carry out education and conservation work, participate in campus governance, jointly safeguard teaching order, and do a good job in the education and management of minors.
Chapter IV Social Protection
Twenty-sixth the whole society should establish a good fashion of caring for and caring for minors.
Encourage, support and guide 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.
Cultivate, guide and standardize social organizations and social workers to provide family education guidance services according to law, provide professional services such as psychological counseling, rehabilitation assistance, assessment of family guardianship ability, adoption assessment, and participate in psychological intervention, legal aid, social investigation, social care, education correction, community correction and other work involving minors.
The Communist Youth League, women’s federations and organizations for the protection of minors can set up service hotlines for minors to provide services such as mental health consultation and legal rights protection for minors. Encourage and support legal service institutions and lawyers associations to provide legal consulting services for the protection of minors’ rights and interests.
Twenty-seventh encourage scientific and technological workers, artists, writers and other personnel to create works conducive to the healthy growth of minors; Encourage the publication, production and dissemination of books, newspapers, movies, radio and television programs, stage works of art, audio-visual products, electronic publications and online information that are conducive to the healthy growth of minors.
Twenty-eighth relevant units shall provide convenience, preferential or free services to minors in accordance with the provisions of the state and this Municipality. No organization or individual may, in violation of relevant regulations, restrict the care or preferential treatment that minors should enjoy.
Twenty-ninth in the vicinity of schools and kindergartens to carry out production, management and other activities, should comply with the provisions of laws and regulations.
Places that are not suitable for minors’ activities, such as commercial entertainment places, bars, internet service places, etc., shall not be set up within 200 meters around schools and kindergartens; No cigarette outlets shall be set up within 100 meters around schools and kindergartens.
Wine and lottery sales outlets shall not be set up in a certain range around schools and kindergartens, and the specific scope shall be determined and announced by the municipal departments of commerce, civil affairs and sports.
No one is allowed to smoke or drink in schools, kindergartens or other public places where minors are concentrated.
Thirtieth sales of goods and services to minors shall be commensurate with their age and intellectual development, and shall not infringe upon the physical and mental health and legitimate rights and interests of minors, and shall comply with the following provisions:
(a) the script used in the script entertainment business premises shall be provided with age-appropriate prompts, indicating the age-appropriate range; If the set scene is not suitable for minors, minors shall not be allowed to enter; Except for national statutory holidays, rest days and summer and winter holidays, no scripted entertainment activities may be provided to minors.
(2) Without the consent of the parents or other guardians of minors, medical beauty services shall not be provided to minors. If the consent of their parents or other guardians cannot be obtained in case of emergency treatment, it shall be handled in accordance with state regulations.
(three) shall not provide tattoo services to minors.
(4) Other provisions of laws and regulations.
Thirty-first hotels, guesthouses, hotels, homestays and other accommodation operators, when receiving minors, should ask their parents or other guardians’ contact information, the identity relationship of the people living with them, and record them truthfully. If any of the following suspicious circumstances is found, it shall immediately report to the public security organ, contact the parents or other guardians of minors in time, and take corresponding safety protection measures:
(a) minors live alone, minors of the opposite sex or multiple minors live together, without reasonable explanation;
(two) minors and adults live together, which can not explain the identity relationship or the identity relationship is doubtful;
(three) minors are physically injured, drunk and unconscious, and may be beaten, anesthetized or coerced;
(4) Other suspicious circumstances.
Article 32 No organization or individual may recruit minors under the age of 16, unless otherwise stipulated by the state.
Places that are not suitable for minors’ activities, such as commercial entertainment places, bars, and internet service places, may not recruit minors who have reached the age of 16.
Units and individuals that employ minors who have reached the age of 16 shall implement the provisions of the state on types of work, working hours, labor intensity and protective measures, and shall not arrange them to engage in overweight, toxic and harmful labor or dangerous operations that endanger the physical and mental health of minors.
Thirty-third units in close contact with minors to recruit and employ staff, or use labor dispatch, labor outsourcing and other forms of employment, should fulfill the obligation of employment inquiry according to law; Persons with criminal records such as sexual assault, abuse, trafficking and violent injury shall not be employed.
Chapter V Network Protection
Thirty-fourth network information department is responsible for coordinating the network protection of minors. Network information departments, press and publication, education, public security, civil affairs, health, culture and tourism, market supervision and management, movies, radio and television and other relevant departments, as well as schools and parents or other guardians of minors, shall, according to their respective duties and obligations, adopt technical products and services suitable for the physical and mental health characteristics of minors, do a good job in the protection of minors and safeguard their legitimate rights and interests in cyberspace.
The network information department, together with the departments of public security, culture and tourism, press and publication, film, radio and television, determines the types, scope and judgment criteria of network information that may affect the physical and mental health of minors according to the growth characteristics of minors at different ages; Punish the use of the Internet to engage in acts that endanger the physical and mental health of minors according to law.
Thirty-fifth network products and service providers shall establish and improve the protection mechanism and network compliance system for minors, clarify the personnel and post responsibilities specifically responsible for the protection of minors, fulfill the obligations of protecting minors according to law, and abide by the following provisions:
(a) to establish convenient, reasonable and effective channels for complaints and reports, to disclose information such as complaints and reports to the public, and to accept and handle complaints and reports involving minors in a timely manner;
(two) the establishment of network information production and dissemination of self-examination, internal audit system, found that there may affect and endanger the physical and mental health of minors or the use of the network to commit illegal and criminal acts against minors, it should take necessary measures in a timely manner;
(3) setting up anti-addiction technical measures, not providing products and services that induce addiction to minors, setting up time management, authority management, consumption management and other functions for minors to use products and services, and prompting to install network protection software for minors on internet service facilities and intelligent terminal products;
(four) the establishment of personal information protection system for minors, found that minors through the network to publish private information, it should be promptly prompted, and take necessary protective measures;
(5) Establish an early warning and prevention mechanism for cyber bullying of minors and set up an emergency protection function;
(6) Providing services for recommending artificial intelligence products and algorithms to minors shall facilitate minors to obtain information beneficial to their physical and mental health, and shall not push information that may lead to imitating unsafe behaviors, inducing bad habits or violating social morality, etc., which may affect minors’ physical and mental health;
(seven) other provisions of laws and regulations.
Thirty-sixth online education network products and service providers serving minors shall abide by the content review regulations, and shall not insert online game links or push advertisements and other information unrelated to teaching.
Online live training should set a reasonable time and duration to ensure the rest time of minors.
Thirty-seventh network service providers such as online games, live webcasts, online audio and video, and online social networking should improve the online community rules and user conventions, and guide and standardize the online behavior of minors; It is not allowed to provide reward services such as cash recharge and online payment to minors in violation of regulations, and other services that are not suitable for minors.
Online game service providers should classify game products, make age-appropriate tips, and take technical measures to prevent minors from contacting inappropriate games; Minors are required to register and log in online games with real identity information, and are not allowed to provide online game services to minors from 22: 00 to 8: 00 the next day.
No organization or individual may provide online game account rental and sales services to minors. If the regulations on the management of online games for minors are circumvented by renting and selling accounts, online game service providers shall take measures such as restricting the use, terminating services or closing accounts.
Webcast service providers shall not provide account registration services for webcasting publishers for minors under the age of 16; When providing online live broadcast publisher account registration service for minors who have reached the age of 16, their identity information should be authenticated and their parents or other guardians should agree.
Thirty-eighth network industry organizations should strengthen industry self-discipline, formulate and implement industry norms for minors’ network protection, guide members to fulfill their obligations for minors’ network protection, and strengthen network protection for minors.
Network products and service providers can set up a minor protection alliance, fulfill their social responsibilities and improve the level of minor protection by establishing and popularizing standards and codes of conduct for the protection of minors.
Chapter VI Government Protection
Article 39 The municipal and district people’s governments and their relevant departments shall ensure campus safety, supervise and guide schools, kindergartens and other units to implement campus safety responsibilities, establish emergency reporting, handling and coordination mechanisms, and incorporate knowledge and skills such as safety and emergency into the contents of school (park) directors, teacher training and public safety education in primary and secondary schools.
Public security organs and other relevant departments shall maintain public security and traffic order around the campus in accordance with the law, and carry out joint law enforcement, investigation of potential safety hazards, social security and comprehensive traffic management as needed to prevent and stop illegal and criminal acts against minors.
Article 40 The municipal and district people’s governments shall establish and improve venues and facilities suitable for minors, support the construction and operation of public welfare venues and facilities for minors, encourage social forces to set up venues and facilities suitable for minors, and strengthen management.
The municipal and district people’s governments shall, in accordance with the relevant provisions, make overall plans for the equipment and management of school buses in schools and kindergartens, and organize relevant departments to provide safe and convenient school bus services for minors in schools and parks.
The city will promote the establishment of a child-friendly city and improve the construction and operation level of venues and facilities for minors.
Article 41 The municipal and district people’s governments and their relevant departments cultivate and develop social organizations for the protection of minors, strengthen the construction of professional teams for social work, and support the development of social activities and services conducive to the healthy growth of minors by means of government purchasing services, incubation support and encouraging public welfare institutions to set up professional posts for social work.
Forty-second municipal and district people’s governments shall incorporate family education guidance services into the urban and rural public service system and the catalogue of government-purchased services.
The municipal civil affairs department shall, jointly with the departments of education, health, public security, online information, women’s federations, disabled federations and other people’s organizations, formulate family guardianship guidelines to provide guidance and help for parents or other guardians of minors to perform their guardianship duties.
Forty-third municipal and district people’s governments and their relevant departments shall implement classified protection for minors in distress and take measures to meet their basic needs in life, education, safety, medical rehabilitation and housing. The security standard shall be adjusted in a timely manner according to the economic and social development level of this Municipality and the living needs of minors in distress.
Article 44 The municipal and district people’s governments and their relevant departments shall establish and improve the guarantee mechanism of rehabilitation services for disabled minors, carry out rescue treatment and rehabilitation for disabled minors, and enrich the contents of rehabilitation services such as medical treatment, education and social integration to meet the needs of rehabilitation services for disabled minors.
Article 45 The municipal and district people’s governments and their education departments shall encourage and support schools and kindergartens to carry out integrated education, and give priority to the disabled minors who have the ability to receive general education and can adapt to campus life in compulsory education and preschool education, and arrange them to receive education in suitable ordinary schools and kindergartens under the same conditions; Guarantee disabled minors who do not have the ability to receive general education to receive preschool education, compulsory education and vocational education in special education schools and kindergartens.
The municipal and district people’s governments and their education departments shall ensure the conditions for running schools and kindergartens with special education, and encourage and support social forces to set up special education schools and kindergartens.
Forty-sixth civil affairs departments, people’s procuratorates, people’s courts, etc. may, according to needs, carry out the assessment of family guardianship ability in accordance with relevant norms and standards. The specific measures for evaluation shall be formulated by the municipal civil affairs department in conjunction with the people’s procuratorate and the people’s court.
Relevant departments, township people’s governments, sub-district offices, etc. can give guardianship guidance, family education guidance, assistance and other support and services to parents or other guardians of minors and their families in combination with the assessment results and specific circumstances. Relevant organizations and individuals can refer to the assessment results of family guardianship ability, and apply to the people’s court for revocation of their guardianship qualifications in accordance with the law if they have legal circumstances and are not suitable as guardians of minors.
For minors who are under temporary guardianship by the civil affairs department according to law, if their parents or other guardians meet the requirements for performing guardianship duties again according to the assessment results of their family guardianship ability, the civil affairs department may send the minors back to their parents or other guardians for custody. Residents’ committees and villagers’ committees shall follow up the guardianship.
Article 47 If a public security organ finds that a minor’s parents or other guardians have seriously injured the minor or committed other serious violations of the minor’s legitimate rights and interests in the course of handling a case or after receiving a report, thus causing the minor to face personal safety threats, being left unattended and other dangerous situations, it shall immediately stop, take the minor facing urgent danger out of the dangerous environment, and notify the civil affairs department, residents’ committee or villagers’ committee of the place of residence to make resettlement according to law; The illegal and criminal acts of parents or other guardians of minors shall be dealt with according to law.
Article 48 When natural disasters, accidents, disasters, public health incidents and other emergencies occur, the municipal, district people’s governments and their relevant departments, township people’s governments, and sub-district offices shall promptly understand the guardianship of minors by means of investigation, inquiry and thorough investigation. If the lack of guardianship of minors is found, the civil affairs department, the residents’ committee and villagers’ committee in the place where minors live shall take temporary guardianship, temporary life care and other rescue and protection measures according to law.
Forty-ninth civil affairs departments shall supervise minors who meet the legal conditions of temporary guardianship and long-term guardianship according to law, and make timely arrangements to protect the legitimate rights and interests of minors.
The civil affairs department shall, jointly with relevant departments, strengthen the protection of minors under temporary guardianship and long-term guardianship, implement safeguard measures such as life, education, safety and medical rehabilitation, and give employment support, housing security and social assistance to minors under long-term guardianship in accordance with the regulations after they reach adulthood.
Fiftieth municipal, district people’s governments and their civil affairs departments shall plan and build children’s welfare institutions and minors’ rescue and protection institutions, and be responsible for taking in and raising minors who are under the guardianship of the civil affairs departments according to law.
Encourage qualified child welfare institutions and minors’ rescue and protection institutions to expand their social service functions, give full play to the advantages of venues and resources, and provide social services such as rehabilitation training, foster care and family education guidance for disabled minors and minors in distress.
Article 51 Departments of civil affairs, education, market supervision and management, culture and tourism, commerce, health, internet information, public security, etc. shall perform their duties of supervision and management for the protection of minors according to law, and may take the following measures when carrying out supervision and inspection:
(a) to enter the premises of the relevant units to carry out on-site inspection;
(two) ask the relevant personnel to understand the implementation of laws and regulations;
(three) require the relevant units to explain the relevant issues;
(four) access to duplicate licenses, business books, transaction records, surveillance videos and other materials;
(5) Other necessary supervision and inspection measures.
Relevant departments should cooperate closely, strengthen information exchange and sharing, and carry out joint law enforcement, special inspections and other actions according to the actual situation to optimize the growth environment of minors.
Fifty-second public security, civil affairs, education, health, network information and other departments should formulate reporting guidelines, refine the reporting situation, guide and urge the relevant units in close contact with minors to fulfill their reporting obligations according to law.
Units with reporting obligations shall establish and improve their internal systems and processes, strengthen the training of their own personnel, and shall not make decisions that infringe upon their legitimate rights and interests, such as punishment or unilateral termination of labor relations, due to their performance of reporting obligations.
Fifty-third departments of public security, civil affairs, education, health, online information, market supervision and management shall investigate and dispose of reports according to law, keep confidential the information of organizations or individuals who report, accuse or report, and give timely feedback on the handling; Do not belong to the functions and powers of the department, should be accepted, recorded, and transferred to the relevant departments in accordance with the provisions.
The relevant departments shall clearly accept the channels for reporting, accusing or reporting, and make it public.
Article 54 This Municipality relies on the 12345 citizen service hotline to set up a hotline for the protection of minors, and set up special staff to be responsible for accepting and referring appeals involving the legitimate rights and interests of minors, collecting opinions and suggestions, and providing advice and help on the protection of minors; Special staff should be familiar with the physical and mental characteristics of minors and receive special training on a regular basis.
The hotline for the protection of minors shall accept the consultation, report, complaint and report, and shall be incorporated into the system of handling complaints immediately in this Municipality.
Chapter VII Judicial Protection
Article 55 The public security organs, people’s procuratorates, people’s courts and judicial administrative departments shall designate specialized agencies or personnel to handle cases involving minors. In handling cases involving minors, we should consider their physical and mental characteristics and the needs of healthy growth, use languages and expressions that minors can understand, listen to their opinions, protect their legitimate rights and interests, and provide legal aid or judicial assistance according to law.
Article 56 Public security organs, people’s procuratorates and people’s courts, relying on the one-stop comprehensive case handling center, carry out one-stop inquiry, evidence collection and physical examination for juvenile victims who have been sexually assaulted, abused or violently injured, so as to reduce their physical and psychological adverse effects.
One-stop comprehensive case handling center can entrust social workers, psychological counselors, lawyers and other professionals to assist in psychological counseling, risk assessment, legal advice and help.
Article 57 If a juvenile criminal suspect or defendant fails to entrust a defender, the public security organ, the people’s procuratorate and the people’s court shall notify the legal aid institution to appoint a lawyer as a defender according to law; If a minor party applies for legal aid due to financial difficulties and there is evidence that he has no fixed source of income, he shall be exempted from checking his financial difficulties.
Legal aid institutions shall assign lawyers who are familiar with the physical and mental characteristics of minors to provide legal aid to minors; If the minor victim is a woman, a female lawyer shall be appointed. Conditional legal aid institutions can set up a special legal aid service team for minors.
Legal aid institutions and lawyers’ associations shall provide guidance and training to lawyers handling legal aid cases for minors.
Article 58 People’s procuratorates shall supervise litigation activities involving minors according to law.
If the legitimate rights and interests of minors are infringed, and the relevant organizations and individuals fail to file a lawsuit on their behalf, the people’s procuratorate can urge and support them to file a lawsuit, and provide legal advice, assist in applying for legal aid, assist in collecting evidence, and assist in applying for reduction or exemption of case acceptance fees. Involving public interests, bring a public interest lawsuit according to law.
Article 59 The people’s courts shall exercise judicial functions and safeguard the legal rights and interests of minors such as personal rights and property rights according to law.
When trying cases of inheritance, the people’s courts shall protect minors’ rights of inheritance and bequest according to law. When trying a divorce case involving the support of minor children, we should respect the true wishes of minor children who have reached the age of eight, and deal with it according to the specific circumstances of both parties and the principle of being most beneficial to the minor children.
When the people’s courts hear cases involving minors, juvenile victims and witnesses generally do not testify in court; If it is necessary to appear in court, technical measures and psychological intervention should be taken to protect their privacy.
Article 60 If the public security organ, the people’s procuratorate, the people’s court and the judicial administrative department find that the relevant units have failed to fulfill their duties of protecting minors, such as education, management, assistance and care, they shall make suggestions to the units, and may urge them to implement them by means of inquiry or visit.
The proposed unit shall reply in writing to the implementation of the proposal within one month; Within the prescribed time limit, the public security organ, the people’s procuratorate, the people’s court and the judicial administrative department may notify the superior organ, the administrative department or the industry self-regulatory organization of the proposed unit if it fails to implement it without justifiable reasons.
Article 61 When handling cases involving minors, public security organs, people’s procuratorates, people’s courts and judicial administrative departments may, jointly with civil affairs departments, people’s organizations or social service agencies, carry out family education guidance, social investigation, social care, education and correction, placement and assistance, and other work.
Public security organs, people’s procuratorates, people’s courts, and judicial administrative departments carry out the above work. If the minors involved are not domiciled in this city, they shall inform the relevant authorities of their domicile, and coordinate and arrange according to the principle of being most beneficial to minors, taking into account factors such as family situation and assistance and education conditions; Minors who have no fixed residence shall rely on the assistance and protection institutions for minors, special schools and social care bases.
Chapter VIII Legal Liability
Article 62 If a minor’s parents or other guardians, other adult family members living together, temporary caregivers or entrusted persons who care for him violate the provisions of Article 12 of these Regulations, the residents’ committee or villagers’ committee in their place of residence shall advise and stop them; If the circumstances are serious, it shall report to the public security organ in time, and the public security organ shall handle it according to law.
Article 63 If the relevant business operators violate the provisions of the second and third paragraphs of Article 29 of these regulations, the departments of comprehensive law enforcement of cultural market, market supervision and management, tobacco monopoly, public security and other departments shall, in accordance with the division of responsibilities, order them to make corrections within a time limit, give them a warning, confiscate their illegal income and may concurrently impose a fine of not more than 50,000 yuan; Refuses to correct or if the circumstances are serious, it shall be ordered to suspend business for rectification or revoke its business license and relevant licenses, and may also be imposed a fine of not less than 50,000 yuan but not more than 500,000 yuan.
Sixty-fourth in violation of the provisions of the fourth paragraph of article twenty-ninth, by the health, education, market supervision and management departments in accordance with the division of responsibilities shall be ordered to make corrections, given a warning, and may impose a fine of 500 yuan; If the place manager fails to stop it in time, the health, education, market supervision and management departments shall give a warning according to the division of responsibilities and impose a fine of not more than 10,000 yuan.
Article 65 Whoever, in violation of the provisions of Item (2) of Article 30 of these Regulations, provides medical beauty services to minors without the consent of their parents or other guardians, shall be ordered by the health department to make corrections and be fined between 10,000 yuan and 30,000 yuan; Those who refuse to make corrections or cause serious consequences shall be fined between 30,000 yuan and 300,000 yuan, and the relevant medical personnel may be ordered to suspend their practice activities for more than one month and less than six months. Those who provide medical beauty services to minors without obtaining the practice license of medical institutions according to law shall be dealt with in accordance with the relevant provisions of the state.
Article 66 Whoever, in violation of Item (3) of Article 30 of these Regulations, provides tattoo services to minors shall be ordered by the market supervision and management department to make corrections and be fined between 10,000 yuan and 30,000 yuan; Refuses to correct or cause serious consequences, shall be ordered to suspend business for rectification, and may be fined not less than 30 thousand yuan but not more than 300 thousand yuan; Medical beauty institutions that provide tattoo services to minors shall be punished by the health department in accordance with the above provisions.
Sixty-seventh units that have close contact with minors violate the provisions of Article 33 of these regulations, and the departments of education, human resources and social security, market supervision and management shall, in accordance with the division of responsibilities, order them to make corrections within a time limit, give them a warning and impose a fine of not more than 50,000 yuan; Refuses to correct or causes serious consequences, it shall be ordered to suspend business for rectification or revoke its business license and relevant licenses, and a fine of not less than 50,000 yuan but not more than 500,000 yuan shall be imposed, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law.
Chapter IX Supplementary Provisions
Article 68 These Regulations shall come into force as of June 1, 2023.
