Law of the People's Republic of China on Prevention of Juvenile Delinquency (2012 Amendment)

Law of the People's Republic of China on Prevention of Juvenile Delinquency (2012 Amendment) Law of the People's Republic of China on Prevention of Juvenile Delinquency (Adopted at the 10th Meeting of the Standing Committee of the Ninth National People's Congress on June 28, 1999; amended in accordance with the Decision on Amending the Law of the People's Republic of China on Prevention of Juvenile Delinquency at the 29th Session of the Standing Committee of the Eleventh National People's Congress on October 26, 2012; Order No. 66 of the President of the People's Republic of China) Contents Chapter I General Provisions Chapter II Education for Prevention of Juvenile Delinquency Chapter III Prevention of Juvenile Misbehaviors Chapter IV Rectification and Treatment of Serious Juvenile Misbehaviors Chapter V Juveniles' Self-protection Against Crimes Chapter VI Prevention of Juveniles From Committing Crimes Again Chapter VII Legal Responsibility Chapter VIII Supplementary Provisions Chapter I General Provisions Article 1 This Law is enacted for the purpose of ensuring that juveniles are physically and mentally healthy, helping juveniles cultivate good conduct and effectively preventing juvenile delinquency. Article 2 The prevention of juvenile delinquency shall be based on education and protection, the work shall be started with school children and efforts shall be made to prevent, rectify and treat juvenile misbehavior before it is too late. Article 3 Juvenile delinquency shall be prevented in a comprehensive way under the organization and leadership of the people's governments at all levels. The government departments concerned, judicial organs, people's organizations, relevant public organizations, schools, families, neighborhood committees in cities and villagers committees in the countryside, etc. shall join efforts and take their respective responsibilities in preventing juvenile delinquency, and creating a good social environment for the cultivation of physical and mental health of juveniles. Article 4 People's governments at all levels shall perform the following functions and duties in preventing juvenile delinquency: (1) to formulate plans for prevention of juvenile delinquency; (2) to organize and coordinate efforts of the relevant government departments for public security, education, culture, the press, publishing, radio, film and television, industry and commerce, civil affairs, and judicial administration, and other public organizations in preventing juvenile delinquency; (3) to inspect the implementation of this Law and work plans; and (4) to analyze and disseminate the experience gained in prevention of juvenile delinquency, and set up and commend advanced units and individuals. Article 5 For prevention of juvenile delinquency, research on education in puberty, psychological corrections and measures for prevention of crimes shall be improved in light of the physiological and psychological characteristics of juveniles at different ages. Chapter II Education for Prevention of Juvenile Delinquency Article 6 Juveniles shall be educated in ideals, morality, the legal system as well as in patriotism, collectivism and socialism. Juveniles who have reached the age of receiving compulsory education shall, while receiving the education mentioned above, be educated for prevention of crimes. Education for prevention of juvenile delinquency is for the purpose of enhancing juveniles' legal conceptions, helping them heed the harm done to themselves, their families and the community by their violations of law and criminal actions and become aware of the legal responsibilities incurred by such violations and actions and of the importance of obeying rules of discipline and laws and preventing themselves from breaking laws and committing crimes. Article 7 The administrative departments for education and schools shall incorporate the education for prevention of crimes into school plans for education and teaching as the content of legal education, and shall, in combination with the common and frequently-occurring cases of juvenile delinquency, educate juveniles of different ages in prevention of delinquency respectively. Article 8 Judicial administration departments, administrative departments for education and the Communist Youth League and Young Pioneers organizations shall, in light of specific conditions, arrange and hold exhibitions, give reports and lectures, and arrange other forms of activities to disseminate the legal system with emphasis on prevention of juvenile delinquency. Schools shall, in light of specific conditions, hold activities with education for prevention of juvenile delinquency as the main content. The administrative departments for education shall take the results of education for prevention of juvenile delinquency as an important part of assessment of school work. Article 9 Schools shall engage full-time or part-time teachers for legal education. Schools may engage after-school legal counselors, where conditions permit. Article 10 Parents and other guardians of juveniles shall take direct responsibility for giving legal education to juveniles. Schools that conduct education among students in prevention of crimes, shall make their plans for such education known to the parents and other guardians of the juveniles, who shall carry out the education in combination with the school plans and according to specific conditions. Article 11 Authorities of Children's Palaces, recreation centers for juveniles and other places for out-of-school activities shall take education for prevention of juvenile delinquency as an important part of their work and carry out various forms of publicity and education activities in this respect. Article 12 For juveniles who have reached the age of 16 but are under the age of 18 and who are preparing for employment, vocational education and training institutions and employers shall include legal knowledge and education for prevention of crimes in vocational training. Article 13 The neighborhood committees in cities and villagers' committees in the countryside shall carry out activities for the publicity of the legal system with stress on prevention of juvenile delinquency. Chapter III Prevention of Juvenile Misbehavior Article 14 The parents and other guardians of juveniles and schools shall advise juveniles to keep from the following kinds of misbehavior: (1) ) playing truant, staying out at night; (2) carrying controlled knives; (3) fighting, or abusing people; (4) forcibly demanding money or things of value from others; (5) stealing, or deliberately damaging property; (6) taking part in gambling or gambling in disguised form; (7) watching or listening in to pornographic or obscene audio-video products, or reading such stuff; (8) going to commercial singing and dancing halls and other such places that are not suitable for juveniles as prescribed by laws and regulations; and (9) other kinds of misbehavior that seriously run counter to social morality. Article 15 The parents and other guardians of juveniles and schools shall advise juveniles to keep from smoking and getting drunk. No business places may sell cigarettes or alcoholic drinks to juveniles. Article 16 where middle or primary school students play truant, the school shall get in touch with their parents or other guardians without delay. Where juveniles stay out at night without permission, their parents or other guardians, or the boarding school concerned shall look for them without delay, or approach a public security organ for help. Whoever allows a juvenile to stay at his or her place at night shall obtain permission of the juvenile's parents or other guardians in advance, or inform them or the school concerned of the matter within 24 hours, or report to a public security organ without delay. Article 17 When parents or other guardians of juveniles and schools find that juveniles organize or join gangs that perpetrate misbehavior, they shall stop the juveniles promptly. When they find that the gangs have violated laws or committed criminal offences, they shall report the matter to public security organs. Article 18 When parents or other guardians of juveniles and schools find that juveniles are instigated or coerced to perpetrate or lured into illegal or criminal actions, they shall report the matter to public security organs. When the public security organs receive the reports, they shall immediately investigate and deal with the cases in accordance with law and, where the pe......