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Minors Protection Law of China (2012)

未成年人保护法(2012)

Type of laws Law

Issuing body Standing Committee of the National People's Congress

Promulgating date Oct 26, 2012

Effective date Jan 01, 2013

Validity status Valid

Scope of application Nationwide

Topic(s) Human Rights Law

Editor(s) C. J. Observer

The Minors Protection Law was promulgated in 1991 and amended in 2006 and 2012.The latest revision entered into force on January 1, 2013.

There are 72 articles in total.

The key points are as follows:

1.The minors mean citizens under the age of eighteen.

2.It is prohibited to commit family violence against minors, or to maltreat or forsake minors. It is also prohibited to infanticide or otherwise cruelly kill infants. No one may discriminate against female or handicapped minors.

3.Schools shall respect the minor students’ right to receive an education, and help to those who have shortcomings in conduct or difficulties in study, and they shall not discriminate against them, or expel any minor student from school in violation of laws or State regulations.

4.Schools, kindergartens and nurseries shall establish a safety system, improve education in safety among the minors and adopt measures to guarantee their personal safety.

5.The governments shall guarantee the minor’s right to receive an education and adopt measures to guarantee the minors whose families have financial difficulties or who are disabled or are among the migrant population to receive compulsory education.

6.The State adopts measures to prevent the minors from internet addiction.

7.Selling of tobacco and alcoholic drinks to minors is prohibited.

8.No organization or individual may hire any minor under the age of sixteen.

9.No organization or individual may disclose the privacy of minors.

10.Abducting of, trafficking in, kidnapping or maltreating of minors is prohibited. Sexual harassment against minors is prohibited.

11.With respect to orphans and the minors whose parents or other guardians are difficult to find or who have no means of support, the welfare organizations for children established by the administrative departments of civil affairs shall accept and support them.

12.In dealing with cases involving crimes committed by minors and cases involving the protection of the rights and interests of minors, public security organs, people’s procuratorates and people’s courts shall, take their physical and mental features into consideration, respect their personality and dignity, safeguard their legitimate rights and interests, and may set up a special agency or designate persons, if necessary, to handle such cases.

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