中华人民共和国未成年人保护法 Law of the Peoples Republic of China on the Protection of Minors

　　Article 27 No person may smoke in the classrooms， dormitories and recreational rooms of secondary and primary schools， kindergartens， as well as any other indoor places where minors gather for activities.

　　Article 28 No organization or individual may hire any minor under the age of sixteen， except as otherwise provided by the State.

　　Any organization or individual that recruits according to relevant regulations of the State minors over the age of sixteen but under eighteen shall， in respect of the types of jobs， duration of time and intensity of labour as well as protective measures， follow the relevant regulations of the State and may not assign them to any overstrenuous， poisonous or harmful labour or any dangerous operation.

　　Article 29 In respect of minors who wander about and go begging or those who flee from their homes， the civil affairs departments or other departments concerned shall take the responsibility to send them back to their parents or other guardians； with regard to those whose parents or guardians cannot be ascertained for the time being， the welfare organizations for children established by the civil affairs departments shall accept and take care of them.

　　Article 30 No organization or individual may disclose the personal secrets of minors.

　　Article 31 No organization or individual may conceal， destroy or discard ma of any minor. Except when the inspection of mail in accordance with legal procedures by the public security organs or the people's procuratorates is necessary for the investigation of a criminal offence， or when the opening of mail of a minor without capacity is done on his or her behalf by the parents or other guardians， no organization or individual may open mail of any minor.

　　Article 32 Departments of public health and schools shall provide minors with necessary sanitary and health－care conditions and make efforts to prevent diseases.

　　Article 33 Local people's governments at various levels shall make efforts to develop child－care undertakings and strive to run nurseries and kindergartens well， encourage and support State organs， social organizatio

ns， enterprises and institutions as well as other sectors of society to establish nursing rooms， nurseries and kindergartens， advocate and support the establishment of household nurseries.

　　Article 34 Departments of public health shall， in relation to children， establish a preventive inoculation certificate system， make efforts to prevent common and frequently－occurring diseases among children， strengthen supervision and control over the prevention and treatment of infectious diseases and give more effective professional guidance to sanitation and health－care work in nurseries and kindergartens.

　　Article 35 People's governments at various levels and departments concerned shall， through various forms， foster and train child－care and teaching staff in nurseries and kindergartens， and strengthen political， ideological and professional education thereto.

　　Article 36 The State shall protect according to law the intellectual achievements and the right of honour of minors from encroachment.

　　For minors who have shown unusual talent or made outstanding achievements， the State， society， families and schools shall create conditions favourable to their sound development.

　　Article 37 In respect of minors who have completed the prescribed length of schooling in terms of compulsory education and will not receive education at a higher level， the relevant governmental departments， social organizations， enterprises and institutions shall， in line with the actual conditions， train them in vocational skills and create conditions for their engagement in labour or employment.

　　Chapter V

　　Judicial Protection

　　Article 38 In respect of delinquent minors， the policy of education， persuasion and redemption shall be implemented and the principle of taking education as the main method and punishment as the subsidiary shall be upheld.

　　Article 39 In respect of minors reaching the age of fourteen who have committed crimes but are not subject to criminal punishment because they have not yet reached the age of sixteen， their parents or other guardians shall be ordered to subject them to discipline； when necessary， such minors may also be taken in for rehabilitation by the government.

　　Article 40 Public security organs， people's procuratorates and people's courts shall， in dealing with cases involving crimes committed by minors， take their physical and mental characteristics into consideration， and may， in line with needs， set up special organs or designate special persons to handle such cases.

　　Public security organs， people's procuratorates， people's courts and reformatories for juvenile delinquents shall respect the personal dignity of the delinquent minors and safeguard their lawful rights and interests.

　　Article 41 Public security organs， people's procuratorates and people's courts shall guard minors under custody， pending trial， separately from adults under custody.

　　Minors who are sentenced to fixed－term imprisonment by the people's courts shall be housed and guarded separately from adults serving their sentences.

　　Article 42 All cases involving crimes committed by minors over fourteen years old but under sixteen shall not be tried publicly. Cases involving crimes committed by minors over sixteen years old but under eighteen shall， in general， not be tried publicly.

　　With regard to cases involving crimes committed by minors， the names， home addresses and photos of such minors as well as other information which can be used to deduce who they are， may not be disclosed， before the judgement， in news reports， films， TV programmes and in any other openly circulated publications.

　　Article 43 The families， schools and other units concerned shall coordinate， in educating and redeeming the delinquent minors， with the reformatories for juvenile delinquents and other similar units where the delinquent minors are held.

　　Article 44 Minors who are exempt from prosecution by the people's procuratorates， from criminal punishment by the people's courts， or the execution of whose sentence is announced suspended by the people's court， and minors who have been released from reformatory custody or have served their terms of imprisonment shall not be discriminated against in respect of resuming schooling， entering a higher school or employment.

　　Article 45 The people's courts shall， in handling cases concerning inheritance， protect the minors' right of inheritance according to law.

　　In handling cases of divorce， if disputes arise between the two parties concerned over the support of the minor child or children and no agreement can be reached， the people's courts shall make judgment in accordance with the principle of safeguarding the rights and interests of the child or children and in light of the specific conditions of the two parties concerned.

　　Chapter VI

　　Legal Responsibility

　　Article 46 Where the lawful rights and interests of a minor is infringed， the infringed or his or her guardians shall have the right to request the department concerned to deal with the matter or bring a suit in a people's court according to law.

　　Article 47 Whoever has encroached upon the lawful rights and interests of a minor and caused him or her losses in property or other losses or harms shall compensate for the losses or bear other civil liabilities according to law.

　　Article 48 Where teaching and administrative staff in schools， nurseries or kindergartens subject minor students or children to corporal punishment or corporal punishment in disguised forms， and if the circumstances are serious， disciplinary sanctions shall be given by their units or the authorities at higher levels.

　　Article 49 Where enterprises， institutions or individual industrialists and businessmen illegally hire minors who have not reached the age of sixteen， the relevant labour departments shall order such units or individuals to make corrections and shall impose fines on them； if the circumstances are serious， the relevant administrative departments for industry and commerce shall revoke their business licenses.

　　Article 50 Where commercial dancing halls or other similar places not appropriate for minors to participate in the activities therein give admission to minors， the competent departments shall order such units to make corrections， and may impose fines on them.

　　Article 51 Whoever sells， rents or disseminates by any other means to minors pornographic books， newspapers， magazines or audio－visual products shall be given heavier punishment according to law.

　　Article 52 Where an encroachment upon the right of the person or other lawful rights of a minor constitutes a crime， criminal responsibility shall be investigated according to law.

　　Whoever maltreats a minor family member in a vicious manner shall be investigated for criminal responsibility in accordance with the provisions in Article 182 of the Criminal Law.

　　Judicial personnel who， in violation of the rules or regulations on prison management， subject imprisoned minors to corporal punishment or maltreatment， shall be investigated for criminal responsibility in accordance with the provisions in Article 189 of the Criminal Law.

　　Where a person has the obligation to support a minor but refuses to do so， and if the circumstances are flagrant， criminal responsibility shall be investigated in accordance with the provisions in Article 183 of the Criminal Law.

　　Whoever commits infa

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