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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

2009-03-24 法律英语 来源:互联网 作者:

(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 di

aries 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, b

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