Regulations of Jiangsu Province on the Protection of Minors
2018-05-26 1362
Regulations of Jiangsu Province on the Protection of Minors
- Document Number:Announcement No. 12 of the Standing Committee of the Eleventh People's Congress of Jiangsu Provinc
- Area of Law: Civil Law
- Level of Authority: Provincial Local Regulations
- Date issued:01-18-2009
- Effective Date:06-01-2009
- Status: Effective
- Issuing Authority: Jiangsu Province People's Congress (incl. Standing Committee)
Announcement of the
Standing Committee of the Eleventh People's Congress of Jiangsu Province
(No. 12)
The Regulations of Jiangsu Province on the Protection of Minors, adopted at the
Seventh Meeting of the Standing Committee of the Eleventh People's Congress of
Jiangsu Province on January 18, 2009, are hereby promulgated and shall enter
into effect as of June 1, 2009.
January 18, 2009
Regulations of Jiangsu Province on the Protection of Minors
(Adopted at the Seventh Meeting of the Standing Committee of the Eleventh
People's Congress of Jiangsu Province on January 18, 2009)
Chapter I General Provisions
Article 1 These Regulations are enacted in accordance with the Law of the People's Republic of China on the
Protection of Minors, the Law of the
People's Republic of China on the Prevention of Juvenile Delinquency
and other relevant laws and administrative regulations, in light of the
specific situation of this Province, and for the purposes of protecting the
physical and mental health of minors, safeguarding their lawful rights and
interests, and promoting all- round development of the minors in morality,
intellectuality, and physique.
Article 2 These Regulations shall apply to the protection of citizens under the
age of eighteen within the administrative region of this Province.
Article 3 It is the common responsibility of families, schools, state organs
and society to protect the lawful rights and interests of the minors, make
better the environment for them to grow up, and prevent them from breaking laws
and committing crimes.
Article 4 The local state organs at various levels shall do well their work on
protection of minors within their respective functions and responsibilities.
The local people's governments at various levels shall guide the work of
protection of minors within their respective administrative regions, formulate
minors' development planning and incorporate it into the national economic and
social development planning and annual plans.
Article 5 Various local people's governments at or above the county level shall
establish a committee for protection of minors, guiding, coordinating and
supervising the work of protection of minors within their respective
administrative regions. The minor protection committee shall be made up by the
leaders of the people's government and the relevant departments under it, the
people's court, and the people's procuratorate at the same level and the
principals of the relevant social groups, with its daily working offices set up
within the organization of the Communist Youth League at the same level. The
fund needed for its work shall be incorporated into the budget of the
government at the corresponding level.
In the people's government of a town (township) or a sub-district office, there
shall be employees dedicated full or part of their time to the work of
protection of minors.
Article 6 The relevant social groups or organizations such as the Communist
Youth League organs, women's federations, and the trade unions shall, in light
of their respective functions and responsibilities, assist the local people's
governments at various level and the relevant state organs in doing well their
work on protection of minors, to safeguard the lawful rights and interests of
the minors.
Article 7 Families, schools, state organs and the society shall educate and
help the minors to safeguard their lawful rights and interests through various
forms and help them to increase their awareness of self-protection and social
responsibility; and educate them to respect and love themselves, be strong and
confident, cherish life, and abide by laws, regulations and social morality.
Families, schools, state organs and the society shall consider the interests of
the minors in the first place when handling affairs relevant to the minors, and
shall, according to the age and intellectual quality development status of the
minors, inform them in a way understandable to them and solicit opinions from
them in multiple ways.
Article 8 Minors shall accept education given by families, schools, state
organs and the society to increase their ability to tell right from wrong, the
ability of protect themselves and the awareness of right and wrong and
self-protection A minor shall have the right to report to authorities, or lodge
complaint and petitions against any act encroaching upon his lawful rights and
interests, and the relevant state organs shall deal with his matters in a
timely manner according to law.
Chapter II Protection By the Family
Article 9 The parents or other guardians of minors shall create a good and
harmonious family environment for the minors, protect their physical and mental
health and personal safety, respect and safeguard their rights in person,
property and education, and fulfill their responsibility of guardianship and
their obligations according to law to bring up the minors.
The parents or other guardians shall learn proper educational and guarding
skills to cultivate and affect the minors in sound ideology and conduct by
appropriate methods, Other adults of a family shall assist the parents or other
guardians of minors in educating and protecting the minors.
Article 10 The parents or other guardians of minors shall care about the study,
living and socialization situation of the minors, pay attention to changes
taking place in their physiological and psychological status at different ages
and to their ideological and moral conditions, impart to them knowledge and
skills for family life and social life, educate them to develop good behaviors
and sound morality, and guide the minors to take part in activities such as
family work and public activities which are conducive to their physical and
mental development.
Article 11 The parents or other guardians of minors shall properly manage and
protect the property of the minors and may not dispose their property unless
for the good of the minors. When the property of a minor with limited capacity
for civil conduct is being disposed according to law, the opinion of the minor
shall be solicited.
Article 12 The parents or other guardians of minors shall respect and protect
according to law the minors' communication freedom and secrecy. Where it is
necessary to learn about the study, living and social lift status of a minor, a
proper means shall be adopted.
Article 13 The parents or other guardians of minors shall not commit the
following acts:
(1) forcing the minors at the age for compulsory education to leave school or
drop from school or just letting go of them when they do so;
(2) forcing the minors to participate in the activities which are harmful to
their physical and mental health;
(3) instigating or forcing the minors to smoke, drink, ditch school, sleep out,
walk out from home, indulge in internets, enter into not suitable places, carry
dangerous Articles, get involved in fights and brawls, gamble, take drugs or
commit other bad acts or letting go of them when they do so;
(4) instigating or enticing the minors to watch, read, listen to, collect or
spread movie or TV programs, video and audio products, books, newspapers,
electronic publications and internet information which contain such contents as
those endangering the state's safety, or filthy, pornographic, violent,
superstitious or of pernicious religion;
(5) imposing family violence on the minors, or discriminating against,
maltreating, hurting, or forsaking the minors;
(6) instigating, enticing, or coercing the minors to commit criminal offences
or conniving at them or providing them with shelter when they do so;
(7) other acts of not performing their duties on custody of and raising the
minors, infringing upon the lawful rights and interests of the minors or
affecting the healthy growth of the minors.
Article 14 Where the parents or other guardians of minors fail to fulfill their
duties responsibility of guardianship and their obligations to bring up the
minors, infringe on their rights to the person, property or other lawful rights
and interests and refuse to make rectification after education, the relevant
persons or units such as the close relatives of the minors, the units which the
parents of the minors work for, the neighborhood committee, the villagers'
committee, or the department of civil affairs of the place where the minors
live may apply to the people's court for the disqualification of them as the
guardians of the minors.
Where the people's court disqualifies a parent or a guardian as a guardian, it
shall designate a new guardian for the minors concerned. The parent who is
disqualified as guardian of the minors shall still be responsible for the
support fees of the minors according to law.
The information on the disqualification of a parent or other guardians as
guardians shall be recorded in the household registration book.
Article 15 The parents shall fulfill their responsibility of guardianship and
their obligations according to law to bring up their step children, adopted
children, and children born out of wedlock. They shall not discriminate
against, maltreat, hurt or forsake them.
Article 16 The parents or other guardians may not refuse to fulfill their
responsibilities of guardianship and obligations to bring up the minors because
they have committed criminal offences.
For minors who have been sentenced to public surveillance or granted suspension
of sentence, parole, or temporary execution of sentence outside prison, their
parents or other guardians shall cooperate with the organ for community
correction to do well the job on rectification and education.
Chapter III Protection by the School
Article 17 Schools shall comprehensively implement the State policy for
education, and in accordance with the education rules and the physical and
mental development characters of minors, implement competence-oriented
education to promote the all-round development of students.
Schools shall establish the work system on protection of minors and establish
the system for adequate communication with families and communities.
Teachers and other education workers shall abide by the professional ethics,
respect the personal dignity of the students, treat them equal and may not
discriminate against students, nor enforce corporal punishment, corporal punishment
in disguised form or other acts that humiliates the personal dignity.
Article 18 School shall implement the State provisions on education system,
teaching contents and course options and the provisions of the State and the
provincial administrative department of education on class hours and load of
exercises, and may not increase the load of the students' schoolwork.
Article 19 Schools shall ensure enough time for students' after-class
activities, organize students to participate in collective activities on
culture, arts, entertainment, sports, science and social practices in a planned
way, and focus on fostering among the students the spirit of creativity and the
practical ability.
Schools shall provide necessary facilities and places for the students to take
part in cultural, artistic, entertaining, sports and after-class activities.
Schools and teachers may not organize students to attend commercial activities
or other activities which do not fit in with age, physical and mental status of
the students.
Article 20 Primary and middle schools shall construct the internet-access
facilities for teaching and education purpose, and shall take safety filtering
measures to prevent the students from accessing the harmful information.
The cultural and sports facilities such as libraries and gymnasiums and the
internet-access facilities of the primary and middle schools shall gradually be
open to students for free or on preferential basis during holidays and
vacations.
Article 21 Schools shall be manned with health care personnel who shall give
physiological and psychological health education to the students and shall give
necessary care and instructions to the students who suffer from behavior
deviation and psychological disorder in a timely manner.
Schools shall cooperate with parents and other guardians to conduct
physiological and psychological instructions and education among students who
have just enter the age of puberty to ensure a healthy growth for the students
physically and mentally.
Article 22 Schools shall be manned with a vice-principal or an instructor in
charge of legal affairs, who shall conduct education in legal affairs, social
morality and self-protection and spread the knowledge on basic legal issues,
public security and social life.
Article 23 Schools shall establish and improve the campus security system,
strengthen safety education among students and take measures to protect the
personal safety of the students.
Schools shall take measures to guarantee the safety of the teaching and living
facilities within the campus. The food or other products provided to the
students shall comply with the State standards or industry standards.
Schools, teachers and other education workers shall stop the acts within the
campus or around the school which endanger the personal safety or property
safety of the students, or shall report such matter to the public security
organ in a timely manner.
Schools shall, according to the need, formulate contingency plans for rapid
response to various emergencies such as disasters, infectious diseases, food
poisoning accidents or unexpected injuries, be equipped with relevant
facilities and carry out necessary drilling. Where an emergent incident occurs,
the school, teachers and other education workers shall guide, evacuate, divert
and rescue the students in the first place and report to the relevant
departments in a timely manner.
Article 24 Schools shall, in conjunction with the parents and other guardians,
educate and persuade the students who ditch class or school in a timely manner
to make them come back to school.
Schools shall report truthfully to the parents, other guardians or the relevant
departments the students who have committed bad acts or minor illegal acts,
strengthen education and management on them, and may not discriminate against
them.
When a school punishes a student, it shall listen to the statement and opinions
of the student, his parents or other guardians.
Chapter IV Protection by the State Organ
Article 25 The minor protection committees at various levels shall perform the
following duties:
(1) coordinating, urging or guiding the relevant departments to do well their
work on protection of minors;
(2) publicizing the relevant laws, regulations and policies on minors
protection, and carrying out supervision and inspection on the enforcements of
such laws, regulations and policies;
(3) researching into major issues on the protection of minors, bringing forth
opinions and proposals to the government and its relevant departments, and
participating in the formulation and amendment of laws, regulations and
policies on minors protection;
(4) accepting and dealing with report and complaint against acts infringing
upon the lawful rights and interests of minors, and urging the relevant
departments to investigate into and deal with them;
(5) contacting the relevant departments to provide help and relieve to the
minors;
(6) commending and awarding the organizations and individuals who have make
outstanding contribution in the protection of minors;
(7) researching into and coordinating in handling other matters relevant to the
protection of minors.
Article 26 The people's government of a town (township) and sub-district
offices shall organize the social groups, mass groups and relevant units within
the jurisdiction to carry out the following work:
(1) to learn and know the information on the schooling and life of the minors
in the region;
(2) to organize to carry out activities favorable to the health of both body
and mind of the minors;
(3) to assist schools and guardians in preventing minors from dropping out;
(4) to offer minor education programs for families devoid of educational
capacities;
(5) to stop family violence towards minors and illegal or criminal acts
including abuse and desertion, and to offer help for the minor victims;
(6) to assist judicial organs, schools and guardians of minors to carry out
education and correction programs for minors of misconduct, serious misconduct
or a lesser criminal act; and
(7) other work related to the protection of minors.
Article 27 The local people's government at or above the county level shall
take measures to ensure to the minors of school age the equal chances of
compulsory education. The people's government of a county (city, district) shall
gradually allocate the education resources in a uniform way within its
administrative region.
The local people's governments at various levels shall implement the various
financial aid policies for minors whose families are in economic difficulties
to accept the compulsory education. The fund needed shall be arranged by the
various local people's governments at or above the county level, and shall be
incorporated respectively into the fiscal budget of the corresponding
governments.
Article 28 The local people's governments at various levels shall make an
overall planning to construct facilities which are suitable to the minors for
them to carry out cultural, sports and scientific activities, and ensure the
fund needed for the public facilities to be open to the minors for free.
Article 29 The local people's governments at various levels shall strengthen
administration on the culture market, and encourage and support the development
of culture industry and creation of culture products which are beneficial to
the healthy growth of the minors.
The administrative department of news and press shall, in conjunction with the
education administrative department, strengthen the supervision and management
on the publishing and issuing of education materials for primary and middle
schools and their auxiliary reading materials according to law.
The administrative departments such as culture, news and press, and radio and
TV broadcasting shall strengthen supervision and management on the markets for
culture products such as books, newspapers, movies, TV programs, audio-video
products and electronic publications, and investigate into and deal with the
culture products harmful to the physical and mental health of the minors in a
timely manner according to law.
The culture administrative department, the industrial and commercial
administration department and the public organ shall strengthen supervision and
management on entertainment venues for singing, dancing and amusement and the
business places providing internet accessing services, investigate into and
deal with the acts of admitting the minors into such places according to law.
Article 30 The education administrative department shall ensure the minors'
right to education and other relevant rights and interests. It shall deal with
the acts committed by a school in a timely manner such as refusing to enroll
students who meet the conditions, expelling students or other acts infringing
upon the lawful rights and interests of the students.
The education administrative department shall take measures to urge the school
to lighten the schoolwork load for the students and may not take the promotion
rate as a main indicator for accessing the school's performance.
The education administrative department shall, in conjunction with the public
security organ, guide and urge the school to establish campus security system.
Article 31 The public security organ shall deal with the acts such as
maltreating, forsaking, hurting, or abducting minors or coercing, instigating
or enticing minors to commit criminal offences according to law.
The public security organ shall maintain the order within the campus or around
the school, and deal with the acts infringing upon the rights and interests of
minors in a timely manner.
Article 32 The administrative departments of communications and construction
shall set up traffic warning signs on the roads outside or around the school,
draw crosswalk lines, and set up facilities such as traffic lights where
necessary.
The public security organ shall cooperate with the relevant departments to
improve the traffic safety facilities on the roads outside or around the
school, and strengthen inspection and supervision on the traffic safety of
school vehicles.
Article 33 The department of civil affairs of a city divided into districts
shall set up social relief facilities and the department of civil affairs of a
county (city, district) shall set up social relief facilities where necessary
to extend assistance to minors who have no means of support such as abandoned
children, orphans, vagrants and beggars and other minors who are abused and in
urgent need of help.
Where the public security organ, the city appearance and environmental
sanitation administration department or other relevant departments find minor
vagrants, beggars or other minors who walk away from home in performing their
duties, they shall take protection measures immediately and escort them in safe
to the social rescue station for help.
Article 34 The administrative department of public health and the school shall
provide the minors with necessary conditions for health care so as to do well
the work on disease prevention.
The administrative departments such as public health, food and drug
supervision, quality and technical supervision and the industrial and
commercial administration shall strengthen supervision and management on the
production and selling of food, drugs and utensils for children and investigate
into and deal with the products within the category which is not in compliance
the State standards or industry standards according to law in a timely manner.
Article 35 The administrative department of justice shall guide and urge the
school to carry out publicity and education on legal affairs, and impose
inspection accordingly.
The administrative department of justice shall guide and urge the legal aid
institutions to extend legal aid to the minors.
Article 36 The public security organ, the people's procuratorate and the
people's court shall set up special division or appoint special persons to deal
with the cases concerning juvenile delinquency or protection of the rights and
interests of minors through a way acceptable by the minors physically and
mentally.
The public security organ and the people's procuratorate shall ask the parents
or other guardians of minors to be present when interrogating a minor suspect
or making inquiry on a minor witness or victim. Where the parents or other
guardians cannot be reached or do not show up after being informed of the
situation, the public security organ or the people's procuratorate shall ask
other persons or units with the guardian qualification to be at present.
Unless it will interfere with the detection or trial, the public security
organ, the people's procuratorate and the people's court shall allow the
parents or other guardians to meet the minors under detention.
The public security organ, the people's procuratorate and the people's court
may conduct a social survey, learning the relevant information of a minor from
the relevant organizations or persons such as schools, communities and families
to provide a reference for the handling of a juvenile delinquency case. They
may also commission the relevant social organizations to conduct the social
survey where necessary.
Article 37 The administrative departments such as justice, public security,
education and social security, the people's government of a town (township),
the sub-district office, the neighborhood committee, the villagers' committee
and the school shall, according to their respective functions and duties, do
well the work on correcting, helping and educating the minors who have been
exempted from criminal punishment, sentenced to punishment without detention,
or who have served their terms, or make endeavors to help them to settle down,
go back to school or get vocational training.
Chapter V Protection by the Society
Article 38 Public culture and sports facilities such as the bases for patriotic
education, libraries, museums, memorials, science and technology museums, exhibition
halls, art museums, culture centers, youth palaces, and children activities
centers shall be open to the minors for free.
When schools organize students to carry out education and teaching activities,
the culture and sports facilities such as movie theaters, stadiums, gymnasiums
and parks shall be open to the minors for free or on preferential basis.
Social forces such as social organizations, enterprises, institutions and
individuals are encouraged to establish or provide venues or facilities suitable
for minors.
Article 39 In public places where minors gather, safety warnings and signs
shall be set up in conspicuous places and relevant protection measures shall be
taken.
The operational and management unit shall keep under good maintenance the facilities
which may endanger the personal safety of the minors, and mark in conspicuous
places the suitable age range and matters for attention. For sports and
amusement items liable to cause great danger, special professionals shall be
assigned to help the minors to carry out the activities for safety purpose.
Article 40 Businesses that are not suitable for the minors such as operational
entertainment places for singing, dancing and amusement or businesses providing
internet accessing services shall not be established within the 200 meters'
distance around primary and middle schools.
Businesses that are not suitable for the minors such as operational
entertainment places for singing, dancing and amusement or businesses providing
internet accessing services shall not admit the minors. The person who runs
such places shall set up a sign with the information of no admission for minors
at a conspicuous place. For those who are difficult to tell whether they are
grown-ups or not, the person who runs the business may ask them to show their
identification documents.
Article 41 No unit or individual may organize, coerce, entice or use the minors
to engage in begging, or coerce or entice the minors to attend activities such
as profit-making performance, etiquette or beauty competition.
Where minors are organized to attend performance or ritual activities, the
consent from their parents or other guardians shall be obtained, and the
activities may not be harmful to their physical or mental health.
Article 42 Public media such as radio or TV broadcasting stations, newspapers
or internet websites shall introduce or publicize the work on protection of
minors, create and spread products which are beneficial to the healthy growth
of the minors.
When the relevant units or media publish or broadcast books, newspapers,
movies, TV programs, audio-video products, electronic publications or internet
information which are not suitable for the minors to read or watch, they shall
make a warning in the first place.
No unit or individual may make the minors read or watch, or provide the minors
with books, newspapers, audio-video products and electronic publications with
filthy, pornographic, violent, superstitious information or about pernicious
religion which are harmful to the physical and mental health of the minors.
Article 43 No unit or individual may disclose the privacy of a minor; unless
otherwis, e provided by the laws, no one may collect or use the privacy of a
minor without the consent of the minor, the minor's parents or other guardians.
Radio or TV broadcasting stations, newspapers, internet websites or other
public publications may not disclose the name, address, school, photo, picture
other information which will lead to the disclosure of his identity of a minor
who has committed a criminal offence or who falls to be a victim.
Article 44 Social organizations such as the Women's Federation are encouraged
to give instruction on family education through such ways as opening parent
schools to provide services to parents or other guardians for cultivation of
the minors.
Various social groups, enterprises, institutions and individuals are
recommended and encouraged to provide voluntary services such as legal
consultation or psychological counseling to the minors.
Article 45 Any unit or individual is entitled to stop the infringement on the
lawful rights and interest of a minor. The minor victim, his guardians, the
school, the residents' committee, the villagers' committee, and the minor
protection organ shall have the right to make a complaint to the relevant
competent departments and the relevant departments shall deal with the matter
according to law in a timely manner.
Article 46 The minors may, if they are discriminated against, maltreated, hurt
or abandoned by their parents or other guardians, resort to the State organs,
the minor protection organs, the Communist Youth League, the Women's
Federation, schools, residents' committee or villagers' committee for help or
rescue, and those who have been resorted to may not turn them down or shift
their responsibilities to others.
Chapter VI Special Protection
Article 47 The following minors will be provided with special protection
according to these Regulations:
(1) the minors who are disabled;
(2) the minors without means of support such as abandoned children, orphans and
vagrants;
(3) the minors who are left-behind;
(4) the minors of migrant workers.
For minors who have committed seriously bad acts, special education and
protection measures aimed at them shall be taken.
Article 48 The local people's governments at various levels shall, according to
the need, establish schools and welfare houses which provide teaching, living,
rehabilitation and medical services to the disabled minors.
The local people's governments at various levels shall attach importance to the
development of the undertaking of special education, setting up schools for
special education or establishing classes for special education within an
ordinary school according to the need so as to provide compulsory education to
the disabled minors.
A city divided into districts or a county (city, district) shall provide
vocational and technical training to the disabled minors. The administrative
departments such as education, civil affairs, and labor and social security and
the disabled persons' federation shall, in light of the difference between each
individual disabled minor, provide training tailed for them.
For minors who can enter an ordinary school, the school shall admit them on a
preferential basis.
Article 49 All organizations or individuals shall respect the personal dignity
of the disabled minors and no one may discriminate against, insult, maltreat,
hurt or abandon the disabled minors.
It is strictly forbidden to organize or use disabled minors to participate in
profit-making activities.
Article 50 The social relief institutions set up by the departments of civil
affairs shall provide relief to and bear the responsibility of guardianship
temporarily towards the minors without means of support such as abandoned
children, orphans and vagrants and the minors who have been maltreated and are
in urgent need of help. The fund needed in the rescue of the minors for their
living, education, rehabilitation and medical services shall be incorporated
into the fiscal budget of the corresponding government.
For minors without means of support such as abandoned children, orphans and
vagrants, the department of civil affairs shall notify the parents, other
guardians or the departments of civil affairs of the place where the minors are
from to take them back in a timely manner; where the minors cannot be sent back
or their guardians cannot be reached, the department of civil affairs shall
settle them down properly.
Article 51 Where the parents or other guardians cannot perform their
responsibility of guardianship over the minors due to working away from home or
other reasons, they shall commission other people with the ability to take care
their children to take over the guardianship, and inform the school, the residents'
committee or the villagers' committee to which the minors belong of the change
of the guardianship. In case they will be away from home for quite a long time,
they shall keep frequent contact with the school, the residents' committee or
the villagers' committee to which the minors belong.
The people's government of a county (city, district) or a town (township) shall
guide the school, the residents' committee, the villagers' committee and other
social groups and organizations of the mass to do well the work on protection
of the left-behind minors, improve the boarding conditions of schools, and
reduce the fees for or offer financial assistance to students whose families
are in financial difficulties. In areas where left-behind minors concentrate, a
care center for left-behind minors may be established according to the actual
need to provide learning or living guidance or help to the left-behind minors.
Schools, the residents' committee, the villagers' commit and other social
groups or organizations of the mass shall unfold various activities to show
care to the left-behind minors through caring about their lives, psychological
counseling and learning about their feelings.
Article 52 The local people's governments at various levels and their relevant
departments shall take measures to solve the difficulties of the dependent
children of the migrant workers in aspects such as living, study, and medical
services so as to safeguard their lawful rights and interests.
The local people's government at various levels and their education
administrative department shall incorporate the compulsory education for the
dependent children of the migrant workers into the local education development
planning and the fees needed into the fiscal budget for education, and urge the
full-time state-owned primary and middle schools, as a main source to enroll
the dependent children of the migrant workers to safeguard their right to equal
opportunities of compulsory education.
Article 53 The city divided into districts and county (city) shall, according
to the need, establish special schools to enroll minors who have conducted bad
acts in accordance with the relevant provisions of the State and the Province.
The provincial education administrative department shall make planning for the
establishment of special schools throughout the whole province.
Students graduating from the special schools shall enjoy the same rights as the
students graduating from the ordinary schools in academic pursuits and
employment, and shall not be discriminated against by any unit or any person.
For minors who have committed severely bad acts and do not meet the conditions
for enrollment into the special schools, their families, the schools and the
relevant departments shall join efforts to manage and educate them.
Chapter VII Award and Punishment
Article 54 The local people's governments at various levels and the committee
for protection of minors shall commend and award the unit or individual who has
committed any one of the following acts:
(1) making outstanding achievement in implementing the laws and regulations on
protection of minors;
(2) making outstanding achievement in educating the minors or helping them to
grow healthily;
(3) making outstanding achievement in educating, rectifying or helping the
minors who have committed criminal offences;
(4) making outstanding achievement in organizing or guiding the minors to
participate in culture, sports and science activities;
(5) making outstanding achievement in creating works beneficial to the healthy
growth of minors;
(6) making achievement in providing venues or facilities for minors' various
activities;
(7) making achievement in providing financial aid to the minors;
(8) making other achievement for the minors.
Article 55 The school which violates the provisions in the third paragraph of
Article 19 and the second paragraph of Article 23 of these Regulations shall be
ordered to make rectification by the education administrative department; where
it refuses to make the rectification, the person directly in charge and the
other person directly responsible of the school shall be given administrative
sanctions according to law.
Article 56 Where the parents or other guardians of the minor, in violation of
the provisions in Article 13 of these Regulations, fail to perform their duties
on custody of and raising the minors or infringe upon their lawful rights and
interests, the unit which they work for, the residents' committee or the
villagers' committee shall dissuade or stop them; where they let them loose on
bad acts or severely bad acts, the public security organ shall admonish them
and order them to control and educate their children more strictly; where the
act constitutes an act against public security administration, the public
security organ shall impose the administrative punishment according to law;
where it constitutes a crime, the criminal liabilities shall be investigated
into according to law.
Article 57 Where an operational entertainment place for singing, dancing and
amusement, in violation of the provisions in Article 40 of these Regulations,
fails to set up a sign with the information of no admission for minors at a
conspicuous place, the administrative department of culture and the public
security organ at the county level shall order it to make rectification and
give it a warning according to their statutory rights and functions.
Where an operational entertainment place for singing, dancing and amusement
which, in violation of the provisions in Article 40 of these Regulations,
admits a minor, the administrative department of culture at the county level
shall confiscate its illegal gains and impose on it a fine not less than the
amount but not more than three times the amount of the illegal gains; where
there is no illegal gains, or the illegal gains is less RMB10,000 yuan, a fine
of not less than RMB10,000 yuan but not more than RMB30,000 yuan shall be
imposed; where the matter is serious, the place shall be shut down for
rectification.
Where a business that provides internet accessing services admits a minor into
its business site or fails to set up a sign with the information of no
admission for minors at a conspicuous place, the administrative department of
culture shall order it to make rectification, give it a warning, and may
concurrently impose on it a fine of not less than RMB5,000 yuan but not less
than RMB15,000 yuan; where the situation is serious, it shall be ordered to
shut down for rectification or its business license shall be revoked.
Article 58 Where anyone, in violation of the provisions in the first paragraph
of Article 41 of these Regulations, commits an act which constitutes the act in
violation of public security administration, the public security organ shall
give him a punishment according to law; where a crime is constituted, the
criminal liabilities shall be investigated.
Article 59 Where a state organ or its staff members fail to perform their
functions and duties on protection of the lawful rights and interests of minors
according to law, infringe upon the lawful rights and interests of the minors
or retaliate against the persons who lodge a petition, complaint or accusation,
the organ at higher level or the unit which they work for shall order them to
make rectification, and give administrative sanctions according to law to the
person directly in charge and the other person directly responsible; where a
crime is constituted, the criminal liabilities shall be investigated.
Chapter VIII Supplementary Provisions
Article 60 Schools as mentioned in these Regulations refer to various ordinary
primary schools, elementary schools, middle schools, vocational schools,
special education schools, special schools, kindergartens, nurseries and other
educational institutions.
Left-behind minors as mentioned in there Regulations refer to the minors who
cannot be put under the protection of statutory guardianship because their
parents or other guardians are away from home for more than half a year.
Dependent children of migrant workers as mentioned in these Regulations refer
to the minors who live with their parents or other guardians in this Province
and meet the conditions for temporary residents as provided by the State and
this Province.
Minors who have committed bad acts or severely bad acts as mentioned in these
Regulations refer to the minors who have committed the acts as provided in Article 14 and Article 34 of the Law of the People's Republic of China on Prevention
of Juvenile Delinquency.
Article 61 These Regulations shall enter into effect as of June 1, 2009. The Measures of Jiangsu Province on Implementation of the
Law of the People's Republic of China on Protection of Minors
adopted at the eighth meeting by the Standing Committee of the Eighth People's
Congress of Jiangsu Province on June 25, 1994 shall be repealed at the same
time.