Regulations of Shanghai Municipality on the Prevention of Juvenile Delinquency
Regulations of Shanghai Municipality on the Prevention of Juvenile Delinquency
(February 18, 2022)
No. 107
(Adopted at the 39th Session of the Standing Committee of the 15th Shanghai Municipal People’s Congress on February 18, 2022)
Chapter I General Provisions
Article 1
With a view to ensuring the physical and mental health of juveniles, cultivating good conduct of juveniles, and effectively preventing juvenile delinquency, these Regulations are formulated in accordance with the Law of the People’s Republic of China on the Prevention of Juvenile Delinquency and other relevant laws and administrative rules, and in the light of the actual circumstances of this Municipality.
Article 2
These Regulations apply to the prevention of juvenile delinquency within the administrative area of this Municipality.
Article 3
Juvenile delinquency shall be prevented on the basis of the combination of education and protection of juveniles, by adopting approaches that are commensurate with the physical and psychological characteristics, and behavioral traits of juveniles to carry out hierarchical prevention, early intervention, scientific correction, and comprehensive treatment.
Article 4
The municipal and district people’s governments shall perform the following duties in the prevention of juvenile delinquency:
1. developing plans for the prevention of juvenile delinquency, incorporating the prevention of juvenile delinquency into the national economic and social development plans at the same levels, and including relevant funds in the financial budgets at the same levels;
2. promoting the implementation of laws, rules, regulations, plans and programs relating to the prevention of juvenile delinquency, formulating and improving relevant policies, and organizing and carrying out inspections, monitoring and evaluation and assessment;
3. establishing and improving a support system for the prevention of juvenile delinquency;
4. organizing and carrying out publicity and education on the prevention of juvenile delinquency; and
5. other duties in the prevention of juvenile delinquency.
The town/township people’s governments and the sub-district offices shall, in accordance with the provisions of these Regulations, establish and improve the work coordination system for prevention of juvenile delinquency, regularly hold special meetings, keep track of basic data, establish a mechanism for the study of key cases and rapid handling, guarantee the funds for special work and projects, integrate the resources of all parties, and make efforts to prevent juvenile delinquency in their respective jurisdictions.
Article 5
The public security department shall, according to law, handle the cases involving violation of laws or criminal offenses by juveniles, and carry out education, intervention, correction and treatment on the juveniles who commit misbehavior, serious misbehavior or criminal offenses.
The judicial administrative department shall be responsible for the educational management, correction, arrangement and education of the delinquent juveniles.
The education department shall be responsible for the prevention of crime among juveniles in schools.
The civil affairs department shall be responsible for making overall planning and coordination in the protection of juveniles, and working with the relevant departments to support, nurture and guide the participation of social efforts in the prevention of juvenile delinquency.
The departments of culture and tourism, market regulation, cyberspace, health, press and publication, and film, radio and television shall, according to their respective functions and duties, join efforts in preventing juvenile delinquency.
Article 6
The people's procuratorate shall perform procuratorial functions, handle the cases involving juveniles according to law and supervise the filing, investigation and trial of the cases involving juveniles and other relevant litigation activities as well as the prevention of juveniles from committing new crimes.
The people's court shall perform judicial functions, and try criminal cases involving juveniles in accordance with law.
Article 7
This Municipality shall improve the coordination mechanism for prevention of juvenile delinquency at both the municipal and district levels. By relying on the work coordination mechanism of Safe Shanghai, the municipal and district Communist Youth Leagues shall assist the corresponding-level people’s governments and their relevant departments, people’s procuratorates and people’s courts in preventing juvenile delinquency. It is imperative to study major matters on prevention of juvenile delinquency, carry out evaluation of the work of prevention of juvenile delinquency, and set forth suggestions in the work. The routine work shall be undertaken by the same-level offices of service and protection of juveniles’ rights and interests.
Article 8
This Municipality and Jiangsu Province, Zhejiang Province and Anhui Province shall jointly establish and perfect a linkage mechanism for prevention of juvenile delinquency in the Yangtze River Delta region, promote the communication and cooperation in prevention of juvenile delinquency, and strengthen the sharing of relevant work experience and information.
Article 9
This Municipality shall, in accordance with the relevant national and municipal provisions, commend and reward organizations and individuals that have made outstanding achievements in the prevention of juvenile delinquency.
Chapter II Support System for Prevention
Article 10
This Municipality shall establish and perfect a support system for the juvenile delinquency prevention characterized by guiding standards, professional protection, primary-level joint actions, social coordination and public participation, and improve the professionalism, socialization and intelligence of the prevention of juvenile delinquency.
Article 11
The Municipal Office of Service and Protection of Juveniles’ Rights and Interests shall establish a juvenile delinquency prevention information service management system—a system that is connected to the Integrated Online Administration Platform for city operation, so as to identify, analyze and issue early warnings of information related to juvenile crime, improve the ability and level of scientific research and analysis and multi-tier multi-category handling, and achieve data sharing and application by relying on the municipal big data resources platform.
The departments of civil affairs, education, human resources and social security, public security and judicial administration as well as the people’s procuratorate, the people’s court, the anti-drug commission’s office, and women’s federation shall collect and analyze information relating to the prevention of juvenile delinquency and upload it to the juvenile delinquency prevention information service management system in a timely manner.
The relevant departments and their staff shall, in accordance with the law, keep confidential the privacy and personal information of juveniles collected in the course of their work under Paragraphs 1 and 2 of this Article, and shall not disclose, tamper with or destroy it, nor sell or illegally provide it to others.
Article 12
This Municipality encourages research on prevention of juvenile delinquency, promote the application and transformation of the research results, and establish and perfect relevant service norms and standards.
The Municipal Office of Service and Protection of Juveniles’ Rights and Interests shall publish a report on the situation related to the prevention of juvenile delinquency in this Municipality annually.
Article 13
This Municipality shall foster professional service agencies such as social service agencies and professional evaluation agencies engaged in the prevention of juvenile delinquency. The relevant departments and units may, in accordance with their work needs, commission relevant professional service agencies to participate in the prevention of juvenile delinquency.
This Municipality shall employ juvenile-affairs social workers as required for the prevention of juvenile delinquency and the protection of juveniles, improve the professional service network and implement full-range services; the remuneration system for juvenile affairs social workers and the talent training system of recruitment, training, rotation, assessment, commendation and promotion shall be improved.
Article 14
Social service agencies shall provide professional social work service to juveniles and their parents or other guardians, carry out crime prevention publicity and education, family education guidance, psychological counselling and judicial social services for juveniles. Professional evaluation agencies shall carry out third-party evaluations of the effectiveness of the work of preventing juvenile delinquency.
Social work service agencies, professional evaluation agencies and other professional service agencies shall enhance their professional capacity, assign juvenile-affairs social workers and professional evaluation staff to carry out professional services, and continuously improve the quality of service. Professional service agencies and their staff shall maintain confidentiality of the information relating to juveniles obtained in the course of their service.
Article 15
A professional service agency may provide the following judicial social services for juveniles with serious misbehaviors, juvenile criminal suspects, juvenile defendants, juvenile criminals and juvenile victims:
1. conditional non-prosecution review and education, social investigation, suitable adult presence, psychological guidance, court education, social care, behavior correction, victim assistance, etc.;
2. education and correction of detention houses, remand prisons, reformatories for juvenile delinquents, and drug-relief reformatories; and
3. other necessary judicial social services for juveniles.
Article 16
The administrative departments, people’s procuratorates and people’s courts at all levels shall comply with the provisions of the State and this Municipality when, according to the needs of their work, using financial funds to entrust professional service agencies to participate in the prevention of juvenile delinquency and provide judicial social services.
Professional service agencies shall establish a credit-commitment system, and shall be subject to supervision by auditing, society and public opinions.
Article 17
A town/township people’s government or a sub-district office shall make overall arrangements with respect to such resources as community service s, Party-mass service s, juvenile activity s, legal education and practice bases, commercial and trade markets, enterprises and public institutions in their jurisdictions, and set up at least one service station for juvenile delinquency prevention so as to provide conditions for professional service agencies to prevent juvenile delinquency.
Article 18
Trade unions, women's federations, working committees of caring for younger generation, youth federations, students’ federations, Young Pioneers and relevant social organizations shall assist the people’s governments at all levels and their departments concerned, the people’s procuratorates, the people’s courts and the Communist Youth League in preventing juvenile delinquency in order to develop social forces and provide support services for the prevention of juvenile delinquency.
Enterprises, public institutions, social organizations and individuals are encouraged and supported to participate in the prevention of juvenile delinquency.
Article 19
This Municipality shall make full use of the 12355 public service hotline for juveniles and its network platform to provide professional consulting services for psychological crisis, family relationship crisis, interpersonal crisis, student bullying and other problems that easily lead to juvenile delinquency.
The 12355 public service hotline for juveniles and its network platform shall establish a classified handling system and improve the working process, and may refer the juveniles to social service agencies for intervention where they find they have committed misbehavior or serious misbehavior; where there is a possibility of a crime being committed or where a juvenile has been subjected to unlawful abuse, an immediate report shall be made to the public security department.
Chapter III Education on the Prevention of Delinquency
Article 20
Parents or other guardians of juveniles shall be directly responsible for the education on the prevention of delinquency for juveniles, and shall perform the guardianship duties in accordance with the law, establish sound family values, cultivate juveniles’ good conduct, and take the following measures to effectively prevent juvenile delinquency:
1. better educating juveniles in moral quality, psychological health, living and learning habits, life safety, drug prevention and prohibition, self-protection and general legal knowledge, and improving their awareness and ability to identify, prevent and respond to sexual abuse, student bullying, undesirable information on the Internet and unlawful abuse;
2. understanding and educating, guiding and admonishing juveniles in a timely manner when they are found to have abnormal psychology or behavior, and communicating with the school, and not refusing or neglecting to perform their guardianship duties; and
3. cooperating with judicial authorities, education departments, schools and relevant social organizations in the prevention of juvenile delinquency, taking the initiative to receive guidance on family education, learning scientific family education concepts and methods, and improving guardianship abilities.
Article 21
Schools shall perform their educational and management duties in accordance with the law and do the following to prevent juvenile delinquency:
1. incorporating juvenile delinquency prevention into the routine education and management of the school, formulating work plans, carrying out educational and teaching activities on morality and the rule of law, psychological health, Internet safety, adolescent health, drug prevention and prohibition, and self-protection, and specifying a school director to be in charge of the prevention of juvenile delinquency; and
2. improving the mechanism for student care, strengthening communication with parents or other guardians, establishing a psychological counselling room with a full-time psychological health education teacher, providing psychological counselling and guidance for students, and preventing, detecting and solving students’ abnormal psychological and behavioral problems in a timely manner.
Article 22
The deputy headmaster in charge of the rule of law in primary and secondary schools shall assist the school to do a good job in the work related to the protection of juveniles, supervise the school to carry out work to prevent juvenile delinquency in accordance with the law, and where he/she finds that the school is concealing information about students with abnormal psychological or behavioral conditions in the school or the school has not taken effective education measures to help and manage, he/she shall promptly propose rectifications to the school and supervise the rectifications. The deputy headmaster of the rule of law may reprimand students who have committed misbehavior or serious misbehavior. Primary and secondary schools with requisite conditions are encouraged to employ external rule-of-law counsellors.
Article 23
Primary and secondary schools shall give full play to the functions of legal advisers and improve the schools’ professional competence in protecting juveniles and preventing juvenile delinquency.
The education department shall designate special school teachers to assist primary and secondary schools in carrying out work on the prevention of juvenile delinquency.
Article 24
People’s governments at all levels and their relevant departments, people’s procuratorates, people’s courts, the Communist Youth League, the Young Pioneers, the women's federations, disabled persons’ federations, and working committees of caring for younger generation shall adopt various forms and use integrated media means and platforms to carry out publicity and education activities for the prevention of juvenile delinquency.
This Municipality shall strengthen the construction of rule-of-law education practice bases for juveniles, relying on juvenile activity s, juvenile palaces and anti-drug science education venues to carry out publicity and education activities for the prevention of juvenile delinquency.
Radio stations, television stations, newspapers and magazines, Internet websites and relevant mobile Internet applications shall broadcast public service announcements and actively promote laws, rules and regulations on the prevention of juvenile delinquency.
Article 25
It is prohibited to produce, reproduce, publish, release, provide or disseminate on Internet websites and mobile Internet applications, Internet services and illegal information containing obscenity, pornography, violence, cultism, superstition, gambling, drugs, abetting crime, distorting history, inducing suicide, terrorism, separatism, extremism and other information that affects the healthy development of juveniles.
This Municipality shall improve the special coordination mechanism for the protection of juveniles on the Internet. The departments of cyberspace, public security, and press and publication shall carry out work to prevent cybercrime among juveniles according to their respective responsibilities, and promptly discover, investigate and deal with related illegal and criminal acts.
The education department, the press and publication administration, the spiritual civilization construction committee and the Communist Youth League shall regularly carry out publicity and education on juveniles’ civilized use of the Internet and the prevention of Internet addiction.
Article 26
Neighborhood committees and villagers’ committees shall actively carry out publicity and education activities to prevent juvenile delinquency, assist the public security department in maintaining law and order around schools, keep track of the guardianship, schooling and employment of juveniles within their jurisdiction, and arrange and guide social organisations to participate in the prevention of juvenile delinquency.
Article 27
This Municipality shall support juveniles to rely on student organizations such as the Communist Youth League, the Young Pioneers, students’ federations and other associations in schools to carry out peer education, engage in equal exchanges, help each other, learn about the laws, understand the risk factors of juvenile delinquency, enhance their awareness and ability to prevent crime, and strengthen self-education, self-management and self-service, in order to achieve healthy growth.
Schools shall provide support and create conditions for students to carry out peer education on delinquency prevention.
Article 28
This Municipality shall incorporate the prevention of juvenile delinquency into its building of Safe Shanghai, create a social environment in which the whole society works together to prevent juvenile delinquency, and resist drug trafficking, Internet gambling, the dissemination of obscene materials and other acts that are likely to trigger juvenile delinquency.
Units and individuals shall be encouraged to care for juveniles affected by domestic violence, lack of supervision, major family changes and other factors, as well as juveniles who fail to continue their education or employment after the end of compulsory education.
Article 29
The people's procuratorate shall, in accordance with the law, handle any clues which are found in the course of their work or referred to by other departments and involve misbehaviors, serious misbehaviors and criminal acts of juveniles, and shall urge the parents or other guardians of juveniles, schools, neighborhood committees, villagers’ committees and relevant departments to provide assistance and education to juveniles; where necessary, education shall be provided to the parents or other guardians of juveniles to urge them to perform their guardianship duties in accordance with the law.
Chapter IV Intervention in Misbehaviors
Article 30
“Juvenile misbehavior” refers to the following behaviors conducted by juveniles which are not conducive to their healthy growth:
1. smoking and drinking;
2. repeated absenteeism and truancy;
3. staying out all night or running away from home for no reason;
4. being obsessed with the Internet;
5. associating with people with bad habits in society, and organizing or participating in gangs committing misbehaviors;
6. going to places that are inappropriate for juveniles as prescribed by laws, rules and regulations;
7. participating in gambling, gambling in a disguised manner, or activities such as feudal superstition and cults;
8. reading, watching or listening to reading materials, audio and video recordings or online information that publicize obscenity, pornography, violence, terror, extremism, or other relevant contents; and
9. other misbehaviors detrimental to the physical and mental health of juveniles.
Article 31
Parents or other guardians of juveniles finding misbehaviors of juveniles shall stop them and strengthen discipline in a timely manner.
Parents or other guardians of juveniles shall prevent and stop juveniles from organizing or participating in gangs that commit misbehaviors; if they suspect the gang is committing a crime, they shall immediately report it to the public security department.
Parents or other guardians of juveniles shall prevent and stop juveniles from entering places of commercial singing and dancing entertainment, Internet-access-service business premises, bars, chess and poker rooms, and other places that are inappropriate for juveniles to enter.
Where parents or other guardians of juveniles encounter difficulties in intervening in misbehaviors of juveniles, they may seek help from schools, neighborhood committees, villagers' committees or relevant social organizations; the relevant institutions or organizations shall provide timely assistance.
Article 32
A school shall strengthen the management and education of a juvenile student with misbehaviors and shall not discriminate against him/her; and where a juvenile student refuses to take corrective action or falls under serious circumstances, the school may take disciplinary measures or the following management and education measures against him/her as the case may be:
1. disciplining the juvenile student;
2. requiring his/her compliance with specific code of conduct;
3. requiring his/her participation in specific thematic education;
4. requiring his/her participation in service activities at the school;
5. requiring him/her to receive psychological counseling and behavior intervention from social workers or other professionals; and
6. other appropriate management and education measures.
Article 33
Where the school decides to take management and education measures for juvenile students, it shall promptly inform their parents or other guardians; the parents or other guardians of the juvenile students shall support and cooperate with it.
Where a juvenile student is absent from school or plays truant, the school shall promptly inform his/her parents or other guardians, make home visits if necessary, and provide guidance and assistance to his/her parents or other guardians.
Article 34
This Municipality shall explore the work mechanism of juvenile affairs social workers stationed at or associated with schools, and rely on juvenile-affairs social work stations and juvenile-affairs social workers to assist primary and secondary schools in carrying out activities such as moral and legal education, life education, mental health education, drug prevention education and behavioral correction.
Article 35
The public security department shall promptly stop juveniles who commit misbehavior, educate them on the rule of law, and urge their parents or other guardians to perform their guardianship duties in accordance with the law.
Article 36
Where a juvenile stays out all night or runs away from home for no reason, his/her parents or other guardians and his/her boarding school shall look for him/her without delay, and report to the public security department if necessary.
Where a unit or an individual discovers that a juvenile has stayed out all night, or run away from home for no reason, is wandering in the street, or is in a place that is inappropriate for juveniles, or is absent from school or truanting and loitering outside school, it or he/she shall promptly contact the parents or other guardians of the juvenile or the school in which the juvenile is supposed to stay; if it or he/she cannot contact them or if necessary, it or he/she shall promptly report to the public security department.
In the case of juveniles staying out at night, running away from home, wandering in the streets or going to places that are not suitable for juveniles, the public security department, public place management agencies and other departments and units shall, upon discovery or receipt of a report, promptly take effective protection measures and notify their parents or other guardians or the school where they are supposed to stay, and if necessary, escort them back to their residence or boarding school; if they are unable to contact their parents or other guardians or the school, they shall take effective protection measures. If they cannot contact his parents or other guardians or the school, they shall escort the juvenile to a rescue and protection agency for assistance. The town/township people’s government, sub-district office, the school to which the juvenile belongs, and the social work service agency where the juvenile lives shall provide targeted education and assistance.
Article 37
Where the neighborhood committee or villagers’committee find that there is a lack of guardianship or improper guardianship for a juvenile within its jurisdiction, or that he/she is likely to commit misbehavior or serious misbehavior, it shall promptly adopt home visits and other means to urge his/her parents or other guardians to perform their guardianship duties in accordance with the law, and organize social work services, community social organizations, community volunteers and other social forces to intervene and provide services such as risk assessment and psychological counselling.
Chapter V Correction of Serious Misbehaviors
Article 38
“Serious misbehaviors” refers to behaviors prescribed in the Criminal Law and committed by a juvenile that are not subject to criminal penalties because he/she is under the statutory age for criminal liability, as well as to the following behaviors that seriously endanger society:
1. engaging in gang-fighting, chasing and intercepting others, taking or demanding forcibly or vandalizing or occupying at will public or private property, or committing other acts of picking quarrels and making troubles;
2. illegally carrying guns, ammunition, or crossbows, daggers or other State-controlled equipment;
3. beating, insulting, intimidating, or intentionally injuring another person;
4. stealing, assembling a crowd to seize, forcibly seizing or deliberately destroying public and private property;
5. disseminating obscene reading materials, audio and video recordings or information;
6. engaging in prostitution, or whoring, or conducting obscene performance;
7. taking or injecting drugs, or providing drugs for others;
8. participating in gambling with relatively a large amount of gamble fund; and
9. other acts that seriously endanger society.
Article 39
No organization or individual may instigate, coerce or entice juveniles into committing serious misbehavior, or provide conditions for them to commit serious misbehavior.
A juvenile’s parents or other guardians, school, and neighborhood committee or villagers’ committee shall report to the public security department immediately if they find that someone instigates, coerces, or entices a juvenile into committing serious misbehaviors. The public security department receiving a report or finding the aforesaid circumstances shall promptly investigate and handle them in accordance with the law; and immediately take effective protective measures for juveniles whose personal safety is threatened.
Article 40
Where any juvenile student conducts any serious misbehavior, the school may adopt corresponding measures of management and education in accordance with the provisions of Article 32 of these Regulations, and the school or the juvenile-affairs social work station for where the juvenile student’s domicile is located may provide professional services.
Article 41
Schools shall establish a student bullying management committee, improve the workflow of student bullying detection and handling, strictly investigate and promptly eliminate various hidden dangers that may lead to student bullying, accept reports and complaints of student bullying incidents, and promptly carry out investigations and determinations.
Schools shall take appropriate management and education measures according to different situations for students who commit bullying; if it may constitute a crime, it shall be promptly reported to the public security department.
Schools shall promptly inform students and their parents or other guardians of the progress and handling of student bullying incidents; where student privacy is involved, the relevant information shall be kept confidential.
Article 42
Where the public security department finds juveniles committing serious misbehavior, it shall promptly stop them, investigate and deal with them in accordance with the law, and take the following corrective and educational measures according to the specific circumstances:
1. giving a reprimand;
2. ordering them to offer an apology and compensate for losses;
3. ordering them to make a statement of repentance;
4. ordering them to report their activities on a regular basis;
5. ordering them to comply with the specific codes of conduct, and not to conduct specific acts, contact specific persons, or enter specific places;
6. ordering them to receive psychological counseling and behavior correction;
7. ordering them to participate in social service activities;
8. ordering them to receive social probation, as well as education, supervision, and discipline by the social organization and relevant institutions at an appropriate place; and
9. other appropriate correctional education measures.
The municipal public security department shall strengthen the supervision and guidance of the public security department in each district in the implementation of the above-mentioned correctional and educational measures.
The parents or other guardians of juveniles shall actively cooperate in the correctional and educational work, take measures to eliminate or mitigate the consequences of the offence, and exercise strict discipline over the juveniles.
Article 43
Public security departments at the municipal and district levels shall designate specialized agencies to guide, supervise and manage the protection of juveniles and the prevention of juvenile delinquency.
Public security police stations shall arrange for specialized personnel familiar with juveniles’ physical and mental characteristics to be responsible for prevention of juvenile delinquency and handling of related cases.
Article 44
The municipal and district people’s governments shall set up special schools in accordance with the relevant provisions of the state and this Municipality, and improve the protection system for special schools in terms of funding, personnel, and educational venues and facilities.
The municipal and district education departments shall further develop the teaching staff of special schools, preferential policies shall be weighted more heavily toward the teaching staff in terms of academic title evaluation and salary raises, and provide special schools with juvenile affairs social workers who are stationed at or associated with the schools.
Special schools shall be managed by the education department, with the assistance of the public security department and the judicial administrative department.
Article 45
The municipal and district people’s governments shall establish a special education advisory committee, which is responsible for planning the development of special education, carrying out assessments of special schools’ admissions and graduations, and studying and determining the management of special school education and other related work. The office of the special education advisory committee shall be located in the education department at the same level.
Article 46
Where the parents or other guardians and school of a juvenile with serious misbehaviors are unable to discipline him/her or have conducted invalid discipline, they may file an application with the education administrative department, which may, after the special education advisory committee conducts an assessment and grants approval, decide to send him/her to a special school for special education.
Where a juvenile falls under any of the following cases, the education administrative department, in conjunction with the public security department, may, after the special education advisory committee conducts an assessment and grants approval, decide to send him/her to a special school for special education:
1. committing acts that seriously endanger society, falling under flagrant cases, or having caused serious consequences;
2. repeatedly committing acts that seriously endanger society;
3. refusing to accept or cooperate with the correctional education measures as prescribed in Article 42 of these Regulations; and
4. other circumstances as prescribed in laws and administrative rules.
Article 47
A special school shall improve the special education curriculum, improve the teaching and research system, ensure the quality of education and teaching, and provide vocational education commensurate with the characteristics of juvenile students and develop their vocational skills. Vocational education in special schools shall be incorporated into this Municipality’s vocational education planning.
Article 48
The Municipal People’s Government shall designate at least one special school to receive the juveniles who commit the acts provided in the Criminal Law but are not subject to criminal punishment because they have not reached the statutory age for criminal liability. Special stations shall be established in different schools and classes to implement closed-loop management and special correctional education.
In respect of the special schools provided in the preceding Paragraph, the public security department and the judicial administrative department shall be responsible for the rectification and treatment of juveniles, and the education department shall be responsible for the education of juveniles.
Article 49
A special school shall protect the legitimate rights of juvenile students and their parents or other guardians in accordance with the law.
The school registration of juvenile students in a special education school may be retained at the school where they were previously enrolled, or they may, according to their wishes or their parents or other guardians’ wishes, be transferred to the special education school or the school they have attended after the correctional education,; if they meet the graduation requirements, the school where they were enrolled shall issue a graduation certificate.
The special school shall, in due course each semester, request the Special Education Advisory Committee to assess the juvenile students who receive special education. If a juvenile student is assessed to be suitable for transfer back to a general school, the Special Education Advisory Committee may submit a written recommendation to the original deciding authority, which shall decide whether to transfer the juvenile student back to a general school. Where the original deciding authority decides to transfer a juvenile student back to a general school, the school into which the juvenile student was previously enrolled shall not refuse to accept him/her; where the transfer back to the school into which the juvenile student was previously enrolled is not appropriate due to special circumstances, the education department shall arrange for another transfer.
Chapter VI Prevention of Re-offending
Article 50
The public security department, the people’s procuratorate, the people’s court and the judicial administrative department shall adopt special case-handling systems and measures that are suitable for the physical and mental characteristics of juveniles, and strictly implement such systems as the participation of suitable adults in the criminal proceedings, social investigations, and the sealing of criminal records in accordance with the law.
The people's procuratorate and the people's court shall designate a special authority or special personnel to handle cases involving juveniles.
Article 51
The public security department, the people’s procuratorate and the people’s court shall carry out social observation and care work for juveniles in accordance with law, and may rely on enterprises, public institutions and social organizations that meet the conditions for observation and care to establish social observation and care bases.
Article 52
Where a public security department, people’s procuratorate or people’s court applies bail pending trial to a juvenile who has no fixed residence and cannot provide a guarantor, and designates a juvenile affairs social worker for, a correctional officer at an observation and care base, a teacher or other suitable adult as a guarantor in accordance with the law, the guarantor shall fulfil his/her obligations and cooperate in the relevant correctional and educational work.
Article 53
The people's court shall strengthen the development of juvenile courts, implement the criminal policy of properly combining leniency with rigidity, hear cases by adopting methods in line with the physical and mental characteristics of juveniles, such as round-table trial and court education, and effectively protect the litigation rights and legitimate rights and interests of juveniles.
The people's court is encouraged and supported to provide social investigations, psychological counseling, post-judgment visits and other judicial extension services so as to effectively prevent juveniles from committing crimes again.
Article 54
Juveniles who are detained or arrested or who are serving their sentences in reformatories for juvenile delinquents shall be jailed, administered and educated separately from adults. Community corrections and drug rehabilitation for juveniles shall also be carried out separately from adults.
For juveniles who are detained, arrested, or serving criminal punishment in reformatories for juvenile delinquents or receiving community correction or drug rehabilitation, and have not finished the compulsory education, the public security department, the people’s procuratorate, the people’s court, and the judicial administrative departments shall cooperate with the education administrative department to ensure that they continue to receive compulsory education.
Juvenile correctional facilities and community correction institutions shall, in light of the details of the cases, term of imprisonment, psychological characteristics and reform performance of the juvenile delinquents and the targets of juvenile community correction, formulate for them individualized correction schemes, and strengthen the education on the rule of law, psychological health, culture and corresponding vocational education.
Article 55
The judicial administrative department shall perform the duties of the resettlement, assistance and education of juveniles in accordance with the law. Juveniles’parents or other guardians, school, and neighborhood committee or villagers’ committee shall take effective measures to assist and educate juveniles undergoing community correction and juveniles released from prison and labor re-education, and assist the judicial administrative department in its work of resettling, assisting and educating them.
Juveniles released from prison and labor re-education and receiving community correction shall enjoy the same rights as other juveniles in terms of resumption of schooling, further education and employment in accordance with the law, and no unit or individual shall discriminate against them. The departments of judicial administration, education, civil affairs, health, and human resources and social security shall work together to implement or solve the problems of schooling and employment for juveniles released from prison and labor re-education and juveniles undergoing community correction.
Chapter VII Legal Liability
Article 56
In the case of a violation of the provisions of these Regulations, if laws or administrative rules have other provisions, these provisions shall prevail.
Article 57
Where parents or other guardians of juveniles who have committed serious misbehavior do not perform their guardianship duties in accordance with the law, the public security department, the people’s procuratorate and the people’s court shall admonish them, and may order them to receive family education guidance and urge them to perform their guardianship duties by means of a letter of admonition, a supervision and guardianship order, or a family education guidance order.
Article 58
Professional service agencies and their staff members in violation of the provisions of these Regulations shall be dealt with by the relevant departments in accordance with the law. The competent department shall assist the relevant departments in investigating and dealing with the violations and shall cooperate in supervising and rectifying such violations.
Article 59
Where state authorities and their staff members fail to perform their functions and duties of preventing juvenile delinquency in accordance with the law, the unit they serve or the higher-level competent department shall order them to make corrections. Where the state authorities and their staff members abuse powers, neglect duties, practice favoritism or make falsification, the directly responsible persons in charge or other directly liable persons shall be subject to disciplinary actions in accordance with the law. Where a crime is constituted, criminal liability shall be investigated in accordance with the law.
Chapter VIII Supplementary Provision
Article 60
These Regulations shall be effective as of March 1, 2022.