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深圳经济特区实施《中华人民共和国未成年人保护法》办法(第二次修正) Measures of Shenzhen Special Economic Zone on Implementing the Law of the People’s Republic of China on the Protection of Minors

2006-05-12 21:43   我要纠错 | 打印 | 收藏 | | |

(Adopted at the 10th meeting of the Standing Committee of the Second Shenzhen Municipal People‘s Congress on September 4, 1996. As revised at the 28th meeting of the Standing Committee of the Third Shenzhen Municipal People’s Congress on October 28, 2003 and the 31st meeting of the Standing Committee of the Third Shenzhen Municipal People‘s Congress on April 16, 2004.)

颁布日期:20040416  实施日期:20040416  颁布单位:深圳市人大常委会

  Article 1 In order to implement the Law of the People‘s Republic of China on the Protection of Minors, safeguard the legal rights and interests of minors and protect their physical and mental health, these measures are formulated in accordance with the actual circumstances of Shenzhen Special Economic Zone (hereinafter referred to as the special zone)。

  Article 2 The Shenzhen municipal, district and town people‘s governments shall attach importance to and accomplish the work of protecting minors.

  The competent department of education shall take charge of protecting minors in school according to relevant law, regulations and these measures.

  The competent department of labor shall take charge of protecting employed minors according to relevant law, regulations and these measures.

  The competent departments of public security, culture, industry and commerce, and civil affairs shall take charge of protecting minors within their respective powers and duties.

  Article 3 Parents, other guardians or schools shall strictly perform their obligations stipulated by law or regulations, perform their duties of protecting minors earnestly, and protect minors for healthy growth.

  Article 4 The Shenzhen Communist Youth League Committee and its organizations at all levels (hereinafter referred to as the Communist Youth League organ) shall safeguard minors‘ legal rights and interests, coordinate with relevant department in protecting minors, put forward opinions and suggestions on important matters concerning the protection of minors, and have the right to require or coordinate with relevant department to investigate and deal with the activity infringing upon minor’s legal rights and interests.

  The Communist Youth League organ may provide legal aid to minors, such as legal consultation, representation of parties to court or non-litigious representation.

  Article 5 Trade unions, women‘s federations, other relevant social organizations, mass organizations of self-government at basic level, enterprises, public institutions and adult citizens have the responsibility of protecting minors.

  Article 6 No organization or individual may infringe upon minors‘ legal rights and interests, or commit the activity damaging minors’ physical or mental health. All organizations and individuals shall stop the activity infringing upon minors‘ legal rights and interests, or complain to relevant department or unit.

  Article 7 Minors shall strengthen the consciousness and ability of self-protection, comply with law, disciplines and social morality, and impeach, accuse or complain the activity infringing upon their legal rights and interests according to law.

  Article 8 Relevant departments and units shall earnestly deal with the complaints about the infringement upon minors‘ legal rights and interests.

  Article 9 Parents and other guardians shall perform the obligation of bringing up minors, guarantee their right of receiving compulsory education stipulated by law, and shall educate, cultivate and guide them to form sound idea and good behavior.

  Article 10 Parents and other guardians shall protect minors from personal infringement, may not maltreat or abandon them, and may not discriminate the female or disabled minors.

  Parents and other guardians shall respect minors‘ privacy right and personal dignity, may not conceal, read or discard their letters, and may not read their diaries without their consent.

  Article 11 The parent or other guardian, who cannot perform his guardianship duty normally because of special reason, shall entrust a person with guardianship competence to act as a guardian.

  Article 12 Parents and other guardians shall comply with the following provisions:

  (1) they may not allow a minor to live alone in the separate residence other than the family;

  (2) they may not allow a minor under the age of 16 to wander outside late at night;

  (3) they may not leave an infant or child alone in a room or outside the house without any safety or guardianship measure;

  (4) they may not provide any motor vehicle for a minor to drive; ;

  (5) they shall report to the local public security organ in time when a minor runs away from home for more than 24 hours and nobody knows his whereabouts.

  Parents and other guardians shall adopt effective measures to prevent or stop minors from committing the activity harmful to their physical or mental health.

  Article 13 The Communist Youth League organ, mass organizations of self-government at basic level, minors‘ parents and other guardians shall organize and guide the minors, who have finished the compulsory education and reached the age of 16, to participate in certain social activity.

  The competent department of labor or other relevant unit shall organize the minors stipulated in the preceding paragraph to receive vocational and technical training.

  Article 14 The municipal, district and town people‘s governments and subdistrict offices shall set up the equipments and places suitable for minors to exercise on a scheduled basis.

  The pubic places for recreation and sport, such as the library, museum, exhibition center, science and technology hall, cultural center, juvenile‘s palace, art gallery, movie theatre, stadium (gymnasium), park, zoo and botanical garden, shall be open to the primary and middle school students at favorable prices.

  Article 15 The competent department of education and schools shall develop legal and moral educations on a scheduled basis, work out and strictly implement the rules and systems to prevent and stop minor students from participating in or committing the activity harmful to their physical or mental health. The schools and public security agency shall strengthen the protection of minors, stop and crack down the activity infringing upon the minor students‘ legal rights and interests.

  Article 16 The teaching and administrative staffs in schools or kindergartens may not commit any activity infringing upon the physical, mental health or personal dignity of minor students or children, such as physical punishment, physical punishment in disguised form, sneer, abuse or threaten.

  Article 17 The school and its teaching and administrative staffs shall implement the regulations on class hour and school assignment made by the national competent department of education, may not arbitrarily increase minor students‘ burden of school work, and shall guarantee the time for them to rest, exercise or take part in extracurricular activity.

  Article 18 Schools or kindergartens shall provide minor students or children with necessary sanitation and health protection, equipments and places for rest, cultural recreation, sport or extracurricular activity.

  The schools‘ equipments and places stipulated in the preceding paragraph shall be open to minor students regularly in vacations.

  The equipments and places stipulated in the first paragraph shall not be occupied or changed for other use.

  Article 19 The school shall adopt necessary safety measures to guarantee minor students‘ safety when organizing them to participate in the social activity out of the school. The traffic competent department of public security shall set up the sign showing that there are pupils crossing and vehicles shall slow down, and paint zebra crossing at the traffic crossing near the school or kindergarten. The competent department of education shall provide assistance.

  Article 20 No school or other unit may organize minor students to participate in commercial celebration.

  Article 21 Schools shall establish the contact system with minor students‘ families, give family education direction to minor students’ parents or other guardians. The school shall inform the minor student‘s parent or other guardian when finding him playing truant or committing other unhealthy activity, and cooperate with the parent or other guardian to educate him.

  Article 22 Parents, other guardians and schools shall give psychological and physiological concern, direction and education to the minor students in adolescence, and guide them to participate in proper social activity.

  Article 23 No minor may smoke.

  No operator may sell cigarette to minors.

  No one may provide cigarette for minors. Parents, other guardians and the school teaching and administrative staffs shall stop minors form smoking.

  It is prohibited to smoke in the classroom, dormitory, reading room, restaurant or other place where minors centralize. The operators or managers of the preceding places shall stop the activity violating the provisions of this paragraph.

  Article 24 No minor may drink ardent spirits or drink excessively.

  Parents and other guardians shall stop minors from drinking ardent spirits or drinking excessively.

  No operator may sell alcohol to minors.

  Article 25 No operator of the electronic game hall may allow minors to play in it on non-legal festival or holiday.

  No operator of the commercial singing and dancing hall, bar or karaoke hall may allow minors to enter without the company of their parents or other guardians.

  The operator of the place stipulated in this article shall set up the sign of prohibiting or restricting minors to enter at conspicuous place, and has the right to ask the person, who wants to enter, to show his identity certificate if it is difficult to judge whether he is a minor or not.

  Article 26 It is prohibited to establish electronic game hall or billiards room within 200 meters away from the red line of the middle or primary school‘s land for use. The electronic game hall or billiards room, which is established before relevant law or regulations prohibiting, shall be moved or closed within a prescribed time limit.

  Article 27 No one may allow minors to read or watch the book, periodical, picture, cinematographic or television product or computer software, which has the content of eroticism, obscenity, violence or murder, and is harmful to minors, or provide the product to them.

  Parents, other guardians and the school teaching and administrative staffs shall adopt effective measures to prevent or stop minors from reading, watching or spreading the product, which has the content stipulated in the preceding paragraph.

  Article 28 The school teaching and administrative staff is forbidden to have sex with minor student.

  Guardians are prohibited to have sex with minors.

  It is prohibited to commit sexual infringement to a minor by indecent assault, molestation, insult or other means.

  Article 29 It is prohibited to induce, instigate or coerce a minor to take or inject drugs.

  Parents, other guardians and the school teaching and administrative staffs shall prevent and stop minors from taking or injecting drugs.

  The parent or other guardian shall send the minor, who is addicted to taking or injecting drugs, to relevant agency for abandoning drug habits.

  Article 30 Minors are prohibited to organize or participate in illegal faction or group.

  It is prohibited to instigate or induce a minor to organize or participate in illegal faction or group.

  Article 31 Minors are prohibited to beg in the street or commit disguised begging, such as selling followers, making a living as a performer, cleaning cars or asking for tips.

  It is prohibited to use, instigate, coerce, inveigle or bring a minor to commit the activity stipulated in the preceding paragraph in the street.

  Minors are prohibited to participate in the activity with gambling character. It is prohibited to instigate a minor to participate in the activity with gambling character.

  Article 32 The municipal people‘s government shall attach importance to and run the reformative education institutions and juvenile correctional institutions well, and strengthen the correction and education to the minor, who has committed a misfeasance or crime.

  Article 33 The public security organization shall impose admonishment to the minor, who commits a misfeasance or crime but is exempted from punishment because of not reaching the legal responsibility age, order his parent or other guardian to educate him strictly, and decide jointly with the competent department of education to send him to the reformative education institution for correction and education, if the circumstance is relatively serious.

  Article 34 In case that the adjudication organ judges a case where a minor is suspected as a criminal, it shall comply with relevant national regulations.

  Article 35 The public security organ or administrative department of justice shall imprison and manage the minor, who is hold in custody or serving a sentence, separately from adults.

  Article 36 When a minor completes his term of labor education and rehabilitation, finishes his study of reformative education, is exempted from criminal penalty, is announced to be on probation, or is released after completing a sentence, the judicial organ, his family, his school and relevant social party shall cooperate with each other and accomplish the work of settlement, help and education. No unit, organization or individual may discriminate the minor.

  Article 37 The places and equipments for minors to study, live or entertain collectively shall satisfy the safety standards stipulated by the state and have safety protection systems and measures.

  The children‘s toys and things, which are in production or for sale, shall satisfy the safety standards stipulated by the state, and may not harm minors’ physical or mental health.

  Article 38 The department of sanitation shall strengthen the fundamental immunity of infants and children, and the preventive and cure work of infectious disease, commonly encountered disease and frequently-occurring disease.

  Article 39 The competent department of education shall accomplish special education, ensure the disabled minors to receive the special education, vocational and technical education, and medical service of recovery.

  The competent department of civil affairs shall run the social welfare center well, and safeguard the healthy growth of adopted children.

  Article 40 The competent department of labor shall strengthen the labor protection and administration of the minor workers who have reached the age of 16 but not the age of 18.

  The employing unit shall arrange labor post and conduct regular health examination for employed minor workers according to the regulations.

  The employing unit shall set up a special roll to manage minor workers.

  Article 41 The employing unit, which wants to arrange a minor worker to work overtime, shall ask for the consents of the minor worker himself and his trade union organ, and comply with the provisions of relevant law and regulations.

  Article 42 It is prohibited to employ a minor worker where he is prohibited or restricted to enter.

  Article 43 Anyone, who violates the provisions of Article 10 of these measures, shall be criticized, educated, or imposed administrative penalty by his unit, and shall be investigated for criminal responsibility if a crime is constituted.

  Article 44 Anyone, who violates the provisions of Article 12 of these measures, shall be criticized, educated and ordered to make correction by the public security organ or his unit, and shall be investigated for legal responsibility according to law if serious consequence is resulted.

  Article 45 In case that the provisions of Article 16 or Article 17 of these measures are violated, the person chiefly in charge or directly liable shall be criticized, educated or imposed administrative penalty by the competent department of education or his unit.

  Article 46 In case that the provisions of the third paragraph of Article 18 of these measures are violated, the competent department of education shall criticize and educate the person in charge of the unit, order him to make correction within a prescribed time limit, or impose administrative penalty to him.

  Article 47 In case that the provisions of the first paragraph of Article 19, or Article 20 of these measures are violated, the competent department of education shall criticize and educate the school‘s person chiefly in charge, or impose administrative penalty to him.

  Article 48 Anyone, who violates the provisions of the second paragraph of Article 23, or the third paragraph of Article 24 of these measures, shall be imposed a fine of 500 to 1,000 yuan by the competent department of industry and commerce.

  Article 49 Anyone, who violates the provisions of the first or second paragraph of Article 25 of these measures, shall be imposed a fine of 300 yuan per entered minor by the competent department of culture, and shall be revoked its Operation License of Culture by the competent department of culture.

  Anyone, who violates the provisions of the third paragraph of Article 25 of these measures, shall be ordered to make correction within a prescribed time limit, and may be imposed a fine of 1,000 yuan simultaneously by the competent department of culture.

  Article 50 Anyone, who violates the provisions of Article 26 of these measures, shall be investigated and dealt with by the competent department of culture, jointly with the competent departments of industry and commerce, public security and education, and shall be ordered to move within a prescribed time limit. Anyone, who refuses to move, shall be revoked his Operation License of Culture by the competent department of culture.

  Article 51 Anyone, who violates the provisions of the first paragraph of Article 27 of these measures, shall be imposed a fine of 5,000 to 50,000 yuan by the competent department of culture or the public security organ. Anyone, who has serious circumstance, shall be ordered to stop business for rectification, or revoked his Operation License of Culture by the competent department of culture, and shall be investigated for criminal responsibility if a crime is constituted.

  Article 52 Anyone, who violates the provisions of Article 28 of these measures and commits a crime, shall be investigated for criminal responsibility according to law. If no crime is constituted, the penalty shall be imposed according to the following provisions:

  Anyone, who violates the provisions of the first paragraph, shall be dismissed his public employment by the competent department of culture.

  Anyone, who violates the provisions of the second paragraph, shall be punished with reference to the Regulations of the People‘s Republic of China on Punishments in Public Order and Security Administration, and be revoked his qualification as a guardian according to law or imposed administrative penalty by his unit.

  Anyone, who violates the provisions of the third paragraph, shall be punished with reference to the Regulations of the People‘s Republic of China on Punishments in Public Order and Security Administration by the public security organ.

  Article 53 Anyone, who violates the provisions of the first paragraph of Article 29 or the second paragraph of Article 30 of these measures, shall be punished with reference to the Regulations of the People‘s Republic of China on Punishments in Public Order and Security Administration by the public security organ, and shall be investigated for criminal responsibility according to law if a crime is constituted.

  Article 54 Anyone, who violates the provisions of the second or forth paragraph of Article 31 of these measures, shall be punished with reference to the Regulations of the People‘s Republic of China on Punishments in Public Order and Security Administration by the public security organ, and shall be investigated for criminal responsibility according to law if a crime is constituted.

  Article 55 Anyone, who violates the provisions of Article 37 of these measures and causes damage to a minor, shall bear the compensation responsibility. The person liable shall be imposed administrative penalty by relevant unit. The criminal responsibility shall be investigated if a crime is constituted.

  Article 56 Anyone, who violates the provisions of the second or third paragraph of Article 40, or Article 41 of these measures, shall be ordered to make correction and be imposed a fine of 5,000 to 10,000 yuan simultaneously by the competent department of labor.

  Article 57 The employing unit, which violates the provisions of Article 42 of these measures, shall be ordered to make correction and be imposed a fine of 1,000 yuan per employed minor by the competent department of labor, and shall be ordered to stop business for rectification by the competent department of industry and commerce if the circumstance is serious.

  Article 58 These measures shall be applicable to protect the minors of Taiwan, Hongkong, Macro or foreign countries, who are in the special zone.

  Article 59 These measures shall go into effect as of November 1, 1996.

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