People’s Republic of China (PRC) Law on the Prevention of Juvenile Delinquency

(Adopted at the 10th meeting of the 9th the NPC Standing Committee on June 28th, 1999, and amended at the 24th meeting of the 13th the NPC Standing Committee on December 26th, 2020 according to the Decision on Amending the Law of People’s Republic of China (PRC) on the Prevention of Juvenile Delinquency of the 29th meeting of the 11th the NPC Standing Committee on October 26th, 2012).

catalogue

Chapter I General Provisions

Chapter II Education on Crime Prevention

Chapter III Intervention on Bad Behavior

Chapter IV Correction of Serious Bad Behavior

Chapter v prevention of recidivism

Chapter VI Legal Liability

Chapter VII Supplementary Provisions

Chapter I General Provisions

the first　This Law is formulated in order to protect the physical and mental health of minors, cultivate their good conduct and effectively prevent minors from committing crimes.

the second　The prevention of juvenile delinquency is based on the combination of education and protection of minors, insisting on prevention first and early intervention, and timely grading prevention, intervention and correction of juvenile bad behavior and serious bad behavior.

Article　To prevent juvenile delinquency, we should respect the personal dignity of minors and protect their legitimate rights and interests such as reputation, privacy and personal information.

Article 4　To prevent juvenile delinquency, comprehensive management shall be implemented under the organization of people’s governments at all levels.

State organs, people’s organizations, social organizations, enterprises and institutions, residents’ committees, villagers’ committees, schools, families, etc. all have their own responsibilities and cooperate with each other to jointly do a good job in preventing juvenile delinquency, eliminate all kinds of negative factors that breed juvenile delinquency in time, and create a good social environment for the healthy development of minors’ body and mind.

Article 5　The people’s governments at all levels are responsible for the prevention of juvenile delinquency:

(a) to formulate the work plan for the prevention of juvenile delinquency;

(2) Organizing relevant departments such as public security, education, civil affairs, culture and tourism, market supervision and management, online information, health, press and publication, film, radio and television, judicial administration and so on to carry out the work of preventing juvenile delinquency;

(three) to provide policy support and financial guarantee for the prevention of juvenile delinquency;

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

(five) to organize publicity and education on the prevention of juvenile delinquency;

(six) other duties to prevent juvenile delinquency.

Article 6　The state strengthens the construction of special schools and provides special education for minors who have serious bad behaviors. Special education is an integral part of the national education system and an important protective measure for educating and correcting minors with serious bad behavior.

The people’s governments at the provincial level shall incorporate the development of special education and the construction of special schools into the economic and social development plan. Local people’s governments at or above the county level shall set up special education steering committees and set up special schools reasonably according to needs.

The special education steering committee is composed of education, civil affairs, finance, human resources and social security, public security, judicial administration, people’s procuratorates, people’s courts, Communist Youth League, women’s federations, committees for caring for the next generation, special schools, lawyers, social workers and other personnel, and studies and determines the teaching and management of special schools.

Specific measures for the construction of special schools and special education shall be formulated by the State Council.

Article 7　Public security organs, people’s procuratorates, people’s courts and judicial administrative departments shall be responsible for the prevention of juvenile delinquency by specialized agencies or specialized personnel who have received professional training and are familiar with the physical and mental characteristics of minors.

Article 8　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 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 prevention of juvenile delinquency, cultivate social forces and provide support services for the prevention of juvenile delinquency.

Article 9　The state encourages, supports and guides social organizations such as social work service agencies to participate in the prevention of juvenile delinquency and strengthen supervision.

Article 10　No organization or individual may instigate, coerce or induce minors to commit bad behaviors or serious bad behaviors, and provide conditions for minors to commit the above behaviors.

Article 11　Minors should abide by laws and regulations and social public ethics, establish self-esteem, self-discipline and self-improvement, enhance their ability to distinguish right from wrong and protect themselves, and consciously resist the temptation and infringement of various bad behaviors and illegal and criminal acts.

Article 12　To prevent juvenile delinquency, we should combine the physiological and psychological characteristics of minors at different ages, and strengthen the study of adolescent education, psychological care, psychological correction and crime prevention countermeasures.

Article 13　The state encourages and supports the discipline construction, specialty setting, personnel training and scientific research related to the prevention of juvenile delinquency, and conducts international exchanges and cooperation.

Article 14　The state shall commend and reward organizations and individuals that have made remarkable achievements in the prevention of juvenile delinquency.

Chapter II Education on Crime Prevention

Article 15　The state, society, schools and families should strengthen the education of socialist core values for minors, carry out crime prevention education, enhance the concept of the rule of law for minors, enable minors to establish awareness of obeying the law and preventing illegal crimes, and improve their self-control ability.

Article 16　Parents or other guardians of minors are directly responsible for juvenile crime prevention education, and should perform their guardianship duties according to law, establish a good family style and cultivate good conduct of minors; If a minor is found to be mentally or behaviorally abnormal, he shall know the situation in time, educate, guide and advise him, and shall not refuse or delay in performing his guardianship duties.

Article 17　Education administrative departments and schools should incorporate crime prevention education into the school teaching plan, and guide the teaching staff to take various ways to provide targeted crime prevention education for minor students in combination with the characteristics of minors.

Article 18　Schools shall employ full-time or part-time teachers engaged in the education of the rule of law, and may employ vice presidents of the rule of law and off-campus counselors of the rule of law from judicial and law enforcement organs, legal education and legal service institutions.

Article 19　Schools should be equipped with full-time or part-time mental health education teachers to carry out mental health education. Schools can cooperate with professional mental health institutions according to the actual situation, and establish a mental health screening and early intervention mechanism to prevent and solve students’ psychological and behavioral abnormalities.

Schools should strengthen communication with parents or other guardians of minor students and jointly do a good job in mental health education for minor students; If it is found that minor students may suffer from mental disorders, they shall immediately inform their parents or other guardians to send them to relevant professional institutions for treatment.

Article 20　The administrative department of education shall, jointly with the relevant departments, establish a system for preventing and controlling student bullying. Schools should strengthen daily safety management, improve the workflow of student bullying discovery and disposal, strictly investigate and eliminate all kinds of hidden dangers that may lead to student bullying in time.

Article 21　The administrative department of education encourages and supports schools to hire social workers to stay in schools for a long time or on a regular basis, to assist in moral education, rule of law education, life education and mental health education, and to participate in preventing and dealing with bullying by students.

Article 22　Educational administrative departments and schools shall introduce scientific and reasonable educational methods by holding lectures, seminars, training and other activities, and guide the teaching staff, parents or other guardians of minor students to effectively prevent juvenile delinquency.

The school shall inform the parents or other guardians of minor students of the crime prevention education plan. Parents or other guardians of minor students should cooperate with schools to provide targeted crime prevention education for minor students.

Article 23　The administrative department of education shall incorporate the work effect of crime prevention education into the annual assessment of the school.

Article 24　People’s governments at all levels and their relevant departments, people’s procuratorates, people’s courts, Communist Youth League, Young Pioneers, Women’s Federation, Disabled Persons’ Federation, Committee for the Care of the Next Generation, etc. shall organize and hold various forms of publicity and education activities for the prevention of juvenile delinquency in light of the actual situation. Where conditions permit, it is possible to establish a youth legal education base and carry out legal education for minors.

Article 25　Residents’ committees and villagers’ committees shall actively carry out targeted publicity activities to prevent juvenile delinquency, assist public security organs in maintaining public order around schools, keep abreast of the guardianship, schooling and employment of minors within their respective jurisdictions, and organize and guide community social organizations to participate in the prevention of juvenile delinquency.

Article 26　Youth Palace, children’s activity center and other off-campus activity places should take crime prevention education as an important work content and carry out various forms of publicity and education activities.

Article 27　Vocational training institutions and employers should incorporate crime prevention education into the training content when providing vocational training for minors who have reached the age of 16 and are ready for employment.

Chapter III Intervention on Bad Behavior

Article 28　Bad behavior as mentioned in this Law refers to the following behaviors committed by minors that are not conducive to their healthy growth:

(1) Smoking and drinking;

(2) playing truant for many times;

(3) staying out at night and running away from home for no reason;

(4) Addicted to the Internet;

(five) associate with people with bad habits in society, organize or join gangs that commit bad behaviors;

(6) Entering places where minors are not allowed to enter according to laws and regulations;

(seven) to participate in gambling, gambling in disguise, or to participate in feudal superstitions, cults and other activities;

(eight) reading, watching or listening to books, audio-visual products or network information that promote obscenity, pornography, violence, terror and extremism;

(nine) other bad behaviors that are not conducive to the healthy growth of minors.

Article 29　If parents or other guardians of minors find that minors have bad behavior, they should stop and strengthen discipline in time.

Article 30　If the public security organs, residents’ committees and villagers’ committees find that minors within their jurisdiction have bad behaviors, they should stop them in time and urge their parents or other guardians to perform their guardianship duties according to law.

Article 31　Schools should strengthen management education for underage students with bad behavior and must not discriminate; For those who refuse to correct or if the circumstances are serious, the school may punish them according to the situation or take the following management and education measures:

(a) to be disciplined;

(2) Require compliance with specific codes of conduct;

(3) Requiring to participate in specific thematic education;

(four) to participate in the service activities in the school;

(five) to accept the psychological counseling and behavioral intervention of social workers or other professionals;

(six) other appropriate management education measures.

Article 32　Schools and families should strengthen communication and establish a home-school cooperation mechanism. If the school decides to take management and education measures for underage students, it shall promptly inform their parents or other guardians; Parents or other guardians of minor students shall support and cooperate with the school in management education.

Article 33　Minor students who steal a small amount of property, or who are bullied by students, such as beating, abusing, threatening or forcibly demanding property, can take corresponding management and education measures by the school in accordance with the provisions of Article 31 of this Law.

Article 34　If a minor student is absent from school or truant, the school shall contact his parents or other guardians in time to learn about the situation; Without justifiable reasons, parents or other guardians of schools and minor students should urge them to return to school.

Article 35　If a minor stays out at night or runs away from home without any reason, his parents or other guardians and the boarding school where he is located shall find out in time and report to the public security organ when necessary.

Those who take in minors who stay out at night and run away from home shall contact their parents or other guardians and their schools in time; Unable to get in touch, it shall promptly report to the public security organ.

Article 36　For minors who stay out at night, run away from home or live on the streets, public security organs, public places management agencies, etc. shall take effective protective measures in time after finding or receiving reports, and notify their parents or other guardians, boarding schools where they are located, and escort them back to their homes and schools when necessary; If it is impossible to get in touch with their parents or other guardians or schools, they shall escort minors to the rescue and protection institutions to receive assistance.

Article 37　Parents or other guardians of minors and schools shall promptly stop minors from organizing or participating in gangs that commit bad behaviors; If the gang is found to be suspected of violating the law and crime, it shall immediately report to the public security organ.

Chapter IV Correction of Serious Bad Behavior

Article 38　The term "serious bad behavior" as mentioned in this Law refers to the behavior of minors who are not subject to criminal punishment because they are under the legal age of criminal responsibility, and the following behaviors that seriously endanger society:

(a) gang fights, chasing and intercepting others, extorting or arbitrarily damaging or occupying public or private property and other acts of provocation;

(2) Illegally carrying guns, ammunition, crossbows, daggers and other control devices prescribed by the state;

(3) Beating, abusing, threatening, or intentionally hurting others;

(four) theft, looting, looting or intentional destruction of public or private property;

(five) the dissemination of obscene reading materials, audio-visual products or information;

(six) prostitution, whoring, or obscene performances;

(seven) taking or injecting drugs, or providing drugs to others;

(eight) to participate in gambling;

(nine) other acts that seriously endanger society.

Article 39　Parents or other guardians of minors, schools, residents’ committees and villagers’ committees shall immediately report to the public security organs if they find that someone instigates, coerces or induces minors to commit serious bad behaviors. If the public security organ receives a report or finds the above situation, it shall promptly investigate and deal with it according to law; Minors whose personal safety is threatened shall take effective protective measures immediately.

Article 40　If a public security organ receives a report or finds that a minor has serious bad behavior, it shall stop it in time, investigate and deal with it according to law, and may order his parents or other guardians to eliminate or mitigate the illegal consequences and take measures to strictly discipline him.

Article 41　For minors with serious bad behavior, the public security organ may take the following corrective and educational measures according to the specific circumstances:

(a) to be admonished;

(two) ordered to apologize and compensate for the losses;

(3) Ordering to make a statement of repentance;

(4) Ordering regular reports on activities;

(5) To be ordered to abide by specific codes of conduct, and not to engage in specific behaviors, contact with specific personnel or enter specific places;

(six) ordered to accept psychological counseling and behavior correction;

(seven) ordered to participate in social service activities;

(eight) ordered to accept social care, education, supervision and control of minors by social organizations and relevant institutions in appropriate places;

(nine) other appropriate corrective and educational measures.

Article 42　The public security organs may invite social organizations such as schools, residents’ committees, villagers’ committees and social work service agencies to participate in the correction and education of minors.

Parents or other guardians of minors shall actively cooperate with the implementation of corrective and educational measures, and shall not obstruct or let it go.

Article 43　Minors with serious bad behavior, parents or other guardians of minors, and schools where they work are unable to discipline or the discipline is ineffective, can apply to the administrative department of education, and the administrative department of education will decide to send them to special schools to receive special education after evaluation and consent by the special education steering committee.

Article 44　Minors in any of the following circumstances, with the consent of the special education steering committee, the administrative department of education in conjunction with the public security organs may decide to send them to special schools for special education:

(a) the implementation of serious harm to society, if the circumstances are bad or cause serious consequences;

(2) repeatedly committing acts that seriously endanger society;

(3) refusing to accept or cooperate with the corrective and educational measures stipulated in Article 41 of this Law;

(4) Other circumstances stipulated by laws and administrative regulations.

Article 45　Minors who commit acts stipulated in the Criminal Law and are not subject to criminal punishment because they are under the legal age of criminal responsibility may, with the assessment and consent of the Special Education Steering Committee, be decided by the education administrative department in conjunction with the public security organs to conduct special corrective education.

The people’s government at the provincial level shall, in light of the local actual situation, at least determine that a special school shall set up a special place in accordance with the methods of sub-campus and sub-class, and provide special correction education for minors specified in the preceding paragraph.

Closed-loop management is implemented in the special places specified in the preceding paragraph. The public security organs and judicial administrative departments are responsible for the correction of minors, and the education administrative departments undertake the education of minors.

Article 46　Specialized schools shall, in due course every semester, request the Steering Committee of Special Education to evaluate the situation of underage students receiving special education. For those who are assessed to be suitable for transferring back to ordinary schools, the special education steering committee shall put forward written suggestions to the original decision-making organ, which shall decide whether to transfer underage students back to ordinary schools.

If the original decision-making organ decides to transfer underage students back to ordinary schools, their original schools shall not refuse to accept them; Due to special circumstances, it is not suitable to transfer back to the original school, and the education administrative department will arrange for transfer.

Article 47　Special schools should educate and correct minors who receive special education in different grades, carry out moral education, rule of law education and mental health education in a targeted manner, and carry out vocational education according to actual conditions; Minors who have not completed compulsory education shall be guaranteed to continue to receive compulsory education.

The student status of minor students in special schools remains in the original school, and if they meet the graduation requirements, the original school shall issue a graduation certificate.

Article 48　Special schools should strengthen contact with the parents or other guardians of minors who receive special education, regularly feed back the correction and education of minors, and provide convenience for parents or other guardians and relatives to visit minors.

Article 49　Minors, their parents or other guardians who refuse to accept the administrative decision stipulated in this chapter may bring an administrative reconsideration or an administrative lawsuit according to law.

Chapter v prevention of recidivism

Article 50　The public security organs, people’s procuratorates and people’s courts shall, in handling juvenile criminal cases, carry out targeted education on the rule of law according to the physiological and psychological characteristics of minors and the crime situation.

The public security organ, the people’s procuratorate and the people’s court shall invite minors involved in criminal cases to participate in relevant activities if their adult relatives other than their legal representatives or teachers and counselors are involved in helping to reform and save minors.

Article 51　When handling juvenile criminal cases, public security organs, people’s procuratorates and people’s courts may, on their own or by entrusting relevant social organizations and institutions, conduct social investigations on the growth experience, criminal causes, guardianship and education of juvenile criminal suspects or defendants; According to the actual needs and with the consent of juvenile criminal suspects, defendants and their legal representatives, juvenile criminal suspects and defendants can be psychologically evaluated.

The report of social investigation and psychological evaluation can be used as a reference for handling cases and educating minors.

Article 52　If the public security organs, people’s procuratorates and people’s courts apply bail pending trial to minors who have no fixed residence and cannot provide guarantors, they shall designate suitable adults as guarantors, and when necessary, they may arrange for minors who have been released on bail pending trial to receive social care.

Article 53　Minors who are detained, arrested and executed in juvenile detention centers shall be detained, managed and educated separately from adults. Community correction of minors should be carried out separately from adults.

The public security organs, people’s procuratorates, people’s courts and judicial administrative departments shall cooperate with the administrative departments of education to ensure that minors who have not completed compulsory education continue to receive compulsory education.

Article 54　Juvenile reformatories and community correction institutions shall strengthen the education of the rule of law for juvenile offenders and juvenile community correction objects, and carry out vocational education for them according to the actual situation.

Article 55　Community correction institutions shall inform juvenile community correction objects of the relevant provisions of the resettlement assistance and education, and cooperate with the resettlement assistance and education departments to implement or solve the problems of schooling and employment of juvenile community correction objects.

Article 56　For minors released from prison, the reformatory for juvenile offenders shall notify their parents or other guardians in advance to take them back on time, and assist in the implementation of resettlement and education measures. If there are no parents or other guardians, and it is impossible to find out their parents or other guardians, the juvenile correctional institution shall notify the judicial administrative department of the minor’s original domicile or place of residence in advance to arrange personnel to take it back on time, and the civil affairs department or the residents’ committee or villagers’ committee shall take care of him according to law.

Article 57　Parents or other guardians of minors, schools, residents’ committees and villagers’ committees shall take effective measures to help and educate minors who have received community correction and have been released from prison, and assist judicial organs and relevant departments to do a good job in resettlement and assistance.

Residents’ committees and villagers’ committees may employ retirees, volunteers or other personnel with excellent ideological and moral character, decent work style and enthusiasm for the work of minors to assist in the resettlement and education work as stipulated in the preceding paragraph.

Article 58　Minors who have been released from prison and accepted community correction shall enjoy the same rights as other minors in terms of school resumption, further education and employment, and no unit or individual may discriminate against them.

Article 59　If the criminal records of minors are sealed according to law, the public security organs, people’s procuratorates, people’s courts and judicial administrative departments shall not provide them to any unit or individual, except that the judicial organs need to handle cases or the relevant units make inquiries according to the relevant provisions of the state. Units and individuals that make inquiries according to law shall keep the relevant recorded information confidential.

The provisions of the preceding paragraph shall apply to the records of minors receiving special corrective education and special education, as well as records of administrative punishment, criminal compulsory measures and non-prosecution.

Article 60　People’s procuratorates exercise procuratorial power according to law to supervise the prevention of juvenile delinquency.

Chapter VI Legal Liability

Article 61　If a public security organ, a people’s procuratorate or a people’s court finds that a minor’s parents or other guardians who have committed serious misconduct fail to perform their guardianship duties according to law, they shall be reprimanded and ordered to receive family education and guidance.

Article 62　If the school and its teaching staff violate the provisions of this law, fail to perform their duties of preventing juvenile delinquency, or abuse or discriminate against relevant minors, the education administrative department shall order them to make corrections, informed criticism; If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be punished according to law. If it constitutes a violation of public security administration, the public security organ shall impose administrative penalties on public security according to law.

If the teaching staff instigates, coerces or induces minors to commit bad behaviors or serious bad behaviors, as well as bad conduct and bad influence, the education administrative departments and schools shall dismiss them according to law.

Article 63　In violation of the provisions of this law, those who discriminate against minors in terms of resumption of schooling, further studies, employment, etc. shall be ordered by their units or departments of education, human resources and social security to make corrections; Refuses to correct, the directly responsible person in charge or other directly responsible personnel shall be punished according to law.

Article 64　If relevant social organizations, institutions and their staff abuse or discriminate against minors who accept social care, or issue false social investigation and psychological evaluation reports, the departments of civil affairs, judicial administration and other departments shall punish the directly responsible person in charge or other directly responsible personnel according to law, which constitutes a violation of public security management, and the public security organs shall impose administrative penalties on public security.

Article 65　Those who instigate, coerce or induce minors to commit bad behavior or serious bad behavior, which constitutes a violation of public security administration, shall be punished by public security organs according to law.

Article 66　If state organs and their staff abuse their powers, neglect their duties or engage in malpractices for selfish ends in the prevention of juvenile delinquency, the directly responsible person in charge and other directly responsible personnel shall be punished according to law.

Article 67　Anyone who violates the provisions of this law and constitutes a crime shall be investigated for criminal responsibility according to law.

Chapter VII Supplementary Provisions

Article 68　This law shall come into force as of June 1, 2021.