Article 1 In order to safeguard the legitimate rights and interests of minors, protect their healthy growth, promote their all-round moral, intellectual and physical development, and train them into successors of the socialist cause with ideals, morality, education and discipline, in accordance with the provisions of the Constitution of People's Republic of China (PRC), the Law of People's Republic of China (PRC) on the Protection of Minors and relevant laws and regulations, combined with the provisions of Guizhou Province.
Article 2 Minors mentioned in these Regulations refer to citizens under the age of 18 who live and enter the territory of Guizhou Province.
Article 3 State organs, enterprises and institutions, social organizations, neighborhood committees and families shall educate minors in ideals, morality, culture, discipline and legal system, patriotism, collectivism and socialism, and guide them to establish correct values, morality and outlook on life.
* * * The Communist Youth League, women's federations and trade unions have the responsibility to participate in the protection of minors and reflect their reasonable demands; Put forward suggestions on issues concerning the protection of minors and participate in decision-making; Provide assistance for minors who have been infringed to report, accuse and appeal to relevant departments.
Protecting minors is the common responsibility of state organs, armed forces, political parties, social organizations, enterprises and institutions, urban and rural grassroots mass autonomous organizations, guardians of minors and other adult citizens.
Public opinion should condemn violations of minors' personal rights and other legitimate rights and interests.
Article 4 Minors have the obligation to protect their rights and educate themselves according to law.
Fifth adhere to the principle of training, education and guidance, and use economic, administrative, educational, cultural and legal means to protect the healthy growth of minors.
Chapter II Committee for the Protection of Minors
Article 6 People's governments at all levels shall set up committees for the protection of minors. The Committee for the Protection of Minors has an office responsible for its daily work.
Article 7 The Committee for the Protection of Minors is composed of persons in charge of the people's government and relevant departments, judicial organs, procuratorial organs, social organizations and social celebrities.
The Committee for the Protection of Minors may employ staff of relevant departments and people who are enthusiastic about the protection of minors as invited supervisors.
Article 8 The functions of the Committee for the Protection of Minors are:
(a) to publicize the relevant laws and regulations, and supervise and inspect the implementation of these regulations;
(2) Deciding on major issues concerning the protection of minors;
(three) to coordinate, study and deal with issues related to the protection of minors;
(four) to guide the work of the Committee for the Protection of Minors of the lower levels of government.
Ninth people's governments at all levels to lead the protection of minors, the required funds included in the fiscal budget.
Where conditions permit, a minor protection fund can be set up to protect minors.
Chapter III Family Protection
Article 10 Parents or other guardians shall perform guardianship duties for minors according to law and provide necessary material and cultural living conditions for the healthy growth of minors.
Eleventh parents or other guardians and other adult family members should educate and influence minors with healthy thoughts and good words and deeds.
Twelfth parents or other guardians should respect and protect the right of minors to receive compulsory education, and must not let minors who are receiving compulsory education drop out of school.
Thirteenth parents or other guardians shall not discriminate, corporal punishment, abuse or abandon minors. It is forbidden to drown or abandon babies.
Minors are not allowed to beg in the street.
Fourteenth parents or other guardians shall not allow minors to spend the night outside at will; Parents or other guardians should promptly discover that minors run away from home or at night, and patiently discipline them.
Fifteenth parents or other guardians should educate minors to abide by public order and laws. When minors are found to be involved in illegal organizations or criminal activities, they should be stopped in time and reported to the relevant departments.
Parents or other guardians shall not force, instigate or encourage minors to violate social morality and engage in illegal and criminal activities.
Article 16 It is forbidden to arrange, buy or sell marriages and enter into marriage contracts for minors. Child marriage is prohibited.
Chapter IV School Protection
Seventeenth schools should fully implement the national education policy, while carrying out cultural education, pay attention to ideological and moral education, revolutionary tradition education, legal education, labor education, and timely health education.
Article 18 Schools should respect the right of underage students to receive education. Without the consent of the competent department of education, the school shall not order underage students to drop out of school or expel them from school.
Nineteenth education departments and schools shall not use dangerous school buildings for teaching activities. When unsafe factors are found, measures should be taken in time to eliminate them.
Schools should do a good job in safety and maintain normal teaching order.
Twentieth schools and kindergartens to arrange for underage students and children to participate in collective activities such as assembly, cultural entertainment, social practice, etc., should be conducive to the healthy growth of minors and prevent personal safety accidents.
Twenty-first teachers should be teachers, and educate and influence underage students with their good ideological and moral character, style of work, words and deeds.
Teachers should patiently educate and help underage students with poor academic performance and ideological and moral quality, and must not discriminate or indulge.
Teachers shall not insult, punish or punish underage students in disguised form.
Twenty-second teachers and staff who molest, molest, rape or maim female underage students must be dealt with severely according to law, and schools and education departments shall not re-employ them to engage in educational work.
Twenty-third schools should establish a contact system with minor students' families, and provide family education guidance to guardians. If minor students are found to have bad behaviors such as skipping classes, they should promptly notify their guardians and cooperate with them to educate them.
Chapter V Social Protection
Twenty-fourth radio, film and television, culture, news, publishing, distribution and other relevant units and personnel should provide works that are beneficial to the physical and mental health of minors, and strictly review film and television and various publications to prevent works that are harmful to the physical and mental health of minors from spreading to the society.
Twenty-fifth public security, education, industry and commerce, culture, news, film and television, publishing and distribution departments should strengthen the management of newsstands, book sales stalls, audio-visual electronic game rooms (stations). It is forbidden for any unit or individual to provide minors with audio-visual reading materials that exaggerate pornography, obscenity, violence, terror, feudal superstition and ethnic discrimination.
Twenty-sixth Youth Palace and Culture and Art Museum (station) should strengthen management, ensure that they are open to minors, and provide good conditions for minors to carry out healthy and beneficial activities.
All kinds of museums, memorial halls, exhibition halls, stadiums, parks, theaters and other public places should be open to minors.
The venues, facilities and instruments exclusively for minors' activities shall not be occupied by adults, and the relevant units shall not rent or use them for other purposes.
Twenty-seventh commercial dance halls, bars and other places that are not suitable for minors are not allowed to enter, and obvious signs of no entry should be set up.
Article 28 No one may force or induce minors to participate in feudal superstitious activities.
Article 29 It is forbidden to coerce or trick minors into performing horrible and cruel programs.
Article 30 It is forbidden to coerce, trick or abet minors to engage in illegal and criminal activities such as drug abuse, gambling, prostitution and theft, and it is forbidden to teach minors illegal and criminal methods.
It is forbidden for any organization or individual to provide or sell control devices such as gunpowder guns, daggers, triangular knives and spring knives to minors.
Thirty-first adults have the right and obligation to discourage and stop the bad behavior of minors. When minors are found to have run away from home or at night, they should take the initiative to take necessary protective measures.
Abduction of minors is strictly prohibited.
When minors encounter danger or emergency, every citizen has the right and obligation to rescue and assist.
Article 32 It is forbidden for any organization or individual to recruit minors under the age of 65 or minors who are receiving compulsory education. Unless otherwise stipulated by the state.
The unit or the employing unit shall not arrange for the employed minors who are over 0/6 years old but under 0/8 years old to engage in toxic, harmful and dangerous production operations and excessive physical labor.
Thirty-third all sectors of society should support the social practice activities organized by the Communist Youth League, the Student Union and the Young Pioneers in primary and secondary schools, and provide convenient conditions for them.
Thirty-fourth minors' scientific and technological inventions, literary and artistic creations are protected by law, and no one may infringe upon minors' right of invention, patent right and copyright.
Chapter VI Self-protection
Thirty-fifth minors should learn by themselves, take care of themselves, protect themselves, strengthen themselves and exercise self-discipline, enhance their awareness and ability of self-protection, and correctly exercise and perform their rights and obligations as stipulated by state laws.
Article 36 Minors have the right and obligation to receive compulsory education. They should study hard and master politics, culture, science, legal knowledge and necessary labor skills.
Article 37 Minors have the right to take part in literature and art, sports, recreational activities and rest, and have the right and obligation to take part in social welfare activities within their capacity.
Thirty-eighth minors should consciously follow the following basic norms of behavior:
(a) love the motherland, love the people, love labor, love science, love socialism, respect the old and love the young, unite and help each other, care for public property, and abide by public order.
(2) be honest and modest, accept useful guidance and education, overcome shortcomings, correct mistakes, and be brave in fighting against all illegal and criminal acts that harm the public interests.
(3) Strengthen self-discipline, resist adverse influences, and refrain from smoking, drinking, fighting, swearing, lying, gambling, stealing, staying out at night, playing truant, falling in love, participating in feudal superstitious activities, and other behaviors harmful to the physical and mental health of yourself or others.
Thirty-ninth minors are not allowed to manufacture, buy or accept gifts or carry gunpowder guns, daggers, triangular knives, spring knives and other control devices.
Fortieth minors have the right to report, accuse and appeal against acts that infringe upon their legitimate rights and interests according to law.
Chapter VII Special Protection
Article 41 People's governments at all levels should actively create conditions to improve the conditions for running schools in ethnic minority areas and remote and poor areas, and ensure that minors in these areas receive compulsory education.
The people's government encourages all walks of life and individuals to support the "Hope Project" and other educational activities aimed at helping out-of-school children.
Article 42 Babies, female minors, minors with physical defects, minors with mental disorders, minors with mental retardation and minors who have lost their normal guardianship shall receive special protection.
The government and relevant departments shall give special education and provide special medical services to minors listed in the preceding paragraph.
Discrimination, insult, abuse and abandonment of minors with physical defects, mental disorders and mental retardation and children born out of wedlock are prohibited.
Forty-third government departments should actively create conditions to improve the health education and health level of infants.
Forty-fourth civil affairs departments should be responsible for the reception, repatriation, resettlement and education of underage vagrants and beggars and orphans.
Article 45. No unit or individual may discriminate against underage women's admission to school or employment of underage women who have reached the age of 16.
To protect the personality and reputation of female minors who are guilty or infringed, it is strictly forbidden to publicize their guilt or infringement.
Article 46 The relevant government departments shall give special protection to underage women in ethnic minority areas and remote and poor areas in enrollment, further studies, medical care and productive labor.
Forty-seventh neighborhood (village) committees or relevant units shall, in accordance with the provisions of the General Principles of the Civil Law of People's Republic of China (PRC) and the General Principles of the Civil Law, apply to the people's court for the appointment of another guardian.
Chapter VIII Judicial Protection
Forty-eighth public security organs, people's procuratorates, people's courts and relevant organs shall promptly handle reports, complaints and appeals that infringe upon the legitimate rights and interests of minors, and severely punish illegal acts that undermine the physical and mental health of minors according to law.
The judicial administrative organ shall strengthen legal education and provide legal services for minors.
Forty-ninth minors who have minor violations of the law shall be persuaded and educated by their schools, units, neighborhood committees, public security police stations and guardians.
Article 50 When handling juvenile criminal cases, public security organs, people's procuratorates and people's courts should adhere to the principle of "education, probation and salvation" and implement the principle of combining education with punishment and giving priority to education; In the process of pre-trial, prosecution and trial, we should do a good job in education and guidance according to the ideological reality of juvenile delinquency, and prohibit extorting confessions by torture, inducing confessions and corporal punishment.
Article 51 In criminal cases involving minors, public security organs, people's procuratorates and people's courts shall set up special pre-trial groups, procuratorial groups and collegiate panels to conduct interrogation, prosecution, defense and trial in a form and method suitable for minors according to law.
The collegial panel of minors established by the people's court may employ people's jurors from the Communist Youth League, schools, women's federations, trade unions and residents' committees.
Article 52 Minors who are under administrative detention, criminal detention, reeducation through labor or sentenced to punishment shall be separated from adults who are in custody or serving sentences and shall be responsible for isolated education.
Article 53 The people's governments of cities and municipal districts shall actively create conditions for the establishment of work-study schools or work-study classes.
Work-study schools or classes should adhere to the principle of "saving children, cultivating talents, basing on education and educating people scientifically", implement work-study programs and provide legal, moral, scientific and cultural education and vocational and technical training for work-study students.
Article 54 The reformatory for juvenile offenders implements the policy of "giving priority to education and reform, while neglecting labor" and the work-study system, and provides legal, moral, scientific and cultural education and vocational training for minors undergoing reeducation through labor, so as to protect their legitimate rights and interests according to law.
Article 55 Schools, units, neighborhood (village) committees, public security police stations and guardians of minors who have been rehabilitated through labor, reeducation through labor, shall cooperate with reform-through-school and juvenile delinquent reformatory to do a good job in persuasion and education.
The following educational measures should be implemented for minors who have graduated from work-study programs, released from reeducation through labor and released from prison.
Article 56 The public security, labor, education, industry and commerce, taxation, township (town) people's governments, sub-district offices and all walks of life should * * do a good job in the resettlement of minors after completing work-study programs, lifting reeducation through labor, resuming schooling, returning to work, employment and agriculture. Those who are truly homeless, helpless or sick and disabled shall be properly resettled by the civil affairs department of their origin in conjunction with relevant departments and organizations.
Chapter IX Reward and Punishment
Article 57 People's governments at all levels shall reward and commend units and individuals that have made remarkable achievements in the protection of minors.
Fifty-eighth people's governments at all levels actively safeguard the legitimate rights and interests of minors, have the courage to fight against illegal and criminal acts, and have outstanding deeds; Minors who are excellent in character and learning, have made outstanding achievements in literary and artistic creation, sports activities, scientific and technological inventions and creations, and have made contributions shall be rewarded and commended.
Fifty-ninth in violation of the provisions of this Ordinance, not serious enough for administrative punishment, should be given criticism and education, shall be ordered to make corrections; If the circumstances are serious or refuse to correct, administrative disciplinary action shall be given by the unit where the perpetrator works;
In violation of the provisions of this Ordinance, which is not serious enough for criminal punishment, the public security organ shall give administrative punishment in accordance with the provisions of laws and regulations.
Whoever infringes upon the legitimate rights and interests of minors and endangers their physical and mental health, if the circumstances are serious and constitute a crime, shall be investigated for criminal responsibility in accordance with the Criminal Law of People's Republic of China (PRC).
Article 60 Whoever violates these regulations and shall bear civil liability shall be punished in accordance with the provisions of relevant laws and regulations.
Article 61 Anyone who violates the provisions of Article 25, Article 27, Paragraph 2 of Article 30, Paragraph 1 and Paragraph 2 of Article 32 and refuses to change after education shall be ordered by the public security, industry and commerce, culture and other departments to suspend business for rectification, impose a fine or revoke the business license, in addition to collecting relevant articles according to law.
Article 62 If a party refuses to accept the decision on administrative punishment made in accordance with these Regulations, he may first apply for reconsideration to the administrative organ at the next higher level or the administrative organ prescribed by relevant laws and regulations; If he refuses to accept the reconsideration decision, he may bring a lawsuit to the people's court; You can also bring a lawsuit directly to the people's court. The relevant laws and regulations shall apply to the administrative organ for reconsideration first, and those who refuse to accept the reconsideration decision and then bring a lawsuit to the people's court shall be handled in accordance with the relevant laws and regulations.
If a party fails to apply for reconsideration, bring a lawsuit to the people's court or perform the decision on administrative punishment within the time limit, the organ that made the decision on punishment may apply to the people's court for compulsory execution, or enforce it according to law.
Chapter X Supplementary Provisions
Sixty-third problems in the specific application of these Regulations shall be interpreted by the Guizhou Provincial Committee for the Protection of Minors.