Provisions of Hainan Province on the Protection and Prevention of Juvenile Delinquency
Standing Committee of Hainan Provincial People’s Congress
Gonggao
No.93
Provisions on the Protection and Crime Prevention of Minors in Hainan Province have been adopted by the 30th meeting of the Standing Committee of the Sixth People’s Congress of Hainan Province on September 29, 2021, and are hereby promulgated and shall come into force as of November 1, 2021.
Standing Committee of Hainan Provincial People’s Congress
September 30, 2021
Provisions of Hainan Province on the Protection and Prevention of Juvenile Delinquency
(adopted at the 30th meeting of the Standing Committee of the Sixth Hainan Provincial People’s Congress on September 29, 2021)
Catalogue
Chapter I General Principles
Chapter II Protection of Minors
Chapter III Prevention of Juvenile Delinquency
Chapter IV Legal Liability
Chapter V Supplementary Provisions
Chapter 1 General   rule
Article 1 In order to protect the legitimate rights and interests of minors and effectively prevent minors from committing crimes, these Provisions are formulated in accordance with the Law of People’s Republic of China (PRC) on the Protection of Minors, the Law of People’s Republic of China (PRC) on the Prevention of Juvenile Delinquency and other laws and regulations, combined with the actual situation of this province.
Article 2 Protecting minors and preventing juvenile delinquency are the common responsibilities of state organs, armed forces, political parties, people’s organizations, enterprises and institutions, social organizations, urban and rural grassroots mass autonomous organizations, guardians of minors and other adults.
People’s governments at all levels, society, schools and families should educate and help minors to safeguard their legitimate rights and interests, enhance their awareness and ability of self-protection, promptly eliminate all kinds of negative factors that breed juvenile delinquency, and create a good social environment for the healthy physical and mental development of minors.
Article 3 The people’s governments at or above the county level shall establish a coordination mechanism for the protection of minors, and make overall plans, coordinate, urge and guide relevant departments to do a good job in the protection of minors within their respective functions and duties. The specific work of the coordination mechanism shall be undertaken by the civil affairs departments of the people’s governments at or above the county level.
The people’s governments at or above the county level shall establish a coordination mechanism for the prevention of juvenile delinquency and organize relevant departments to implement comprehensive management of juvenile delinquency prevention. The specific work of the coordination mechanism shall be undertaken by the education administrative department of the people’s government at or above the county level.
Article 4 People’s governments at or above the county level and their relevant departments shall strengthen the construction of social support system for minors, coordinate and organize social workers and volunteers to participate in juvenile protection and crime prevention, take measures such as government purchasing services, cultivate, guide and standardize relevant social organizations and social workers to participate in juvenile protection and crime prevention, actively carry out family education guidance, and provide professional services such as psychological counseling, rehabilitation assistance, guardianship and adoption evaluation, and legal aid for minors.
Fifth people’s governments at or above the county level shall establish an information system for the protection and management of minors, realize the interconnection and sharing of information on the protection and assistance of minors, and improve the level of cooperation.
Chapter II Protection of Minors
Article 6 Parents or other guardians of minors shall perform their guardianship duties according to law, create a good, harmonious and civilized family environment, and educate and influence minors with healthy thoughts, civilized words and deeds and scientific methods.
Parents or other guardians of minors should establish a correct concept of family education, consciously learn family education knowledge, take the initiative to accept family education guidance, actively participate in parent schools and parent classes, and improve the ability of family education.
Article 7 Parents or other guardians of minors shall respect and protect minors’ privacy and personal information according to law, and learn about minors’ study, life and communication in an appropriate way.
When collecting students’ personal information and family information, the school shall inform the students and their parents, and shall have the obligation to manage and keep confidential the information obtained, and shall not destroy, illegally delete, disclose, disclose or buy or sell it.
Eighth parents or other guardians of minors and other adults carrying minors under the age of four in a family passenger car shall be equipped with and correctly use child safety seats; Those who take minors under the age of 12 by car shall not be arranged to ride in the passenger seat. Minors under the age of twelve shall not be left alone in the car. The traffic administrative department of the public security organ shall order it to make corrections if it finds any violation of the above provisions.
Ninth schools should carry out education and teaching activities in accordance with the provisions of the state and this province, and shall not arbitrarily increase or decrease courses and class hours; Reasonable arrangement of minor students’ work and rest time at school, ensuring their rest and entertainment time, and ensuring that minor students’ physical exercise time is not less than one hour every day at school; Students shall not be uniformly required to attend the course teaching activities before the prescribed class time.
Article 10 Fully implement the relevant provisions of the state on reducing the excessive academic burden of students in compulsory education, comprehensively reduce the total amount and duration of students’ homework, and reduce the excessive homework burden of students.
Schools should classify and clarify the total amount of students’ homework in accordance with relevant state regulations. Teachers should guide primary school students to basically complete written homework in school, and junior high school students to complete most written homework in school. Schools and parents should guide students to finish the remaining written homework after coming home from school, and carry out the necessary schoolwork. If individual students fail to finish the written homework after efforts, they should also go to bed on time.
Eleventh people’s governments at or above the county level shall, in accordance with the relevant provisions of the state, comprehensively regulate the off-campus training behavior in the compulsory education stage, strictly implement the relevant management measures for the training materials of off-campus training institutions, and implement the training content filing and supervision system. It is strictly forbidden to exceed the standard for advanced training, non-disciplinary training institutions to engage in disciplinary training, and it is strictly forbidden to provide overseas education courses. Investigate and deal with outstanding problems such as out-of-scope training, uneven quality of training, vulgar and illegal content, piracy and infringement according to laws and regulations.
The relevant departments of the people’s governments at or above the county level will no longer approve new off-campus training institutions for students in compulsory education, and the existing discipline training institutions will be uniformly registered as non-profit institutions. No longer approve new off-campus training institutions for preschool children and discipline-based off-campus training institutions for ordinary high school students.
Off-campus training institutions shall not occupy national statutory holidays, rest days and summer and winter holidays to organize subject training for students in compulsory education. Online training should pay attention to protecting students’ eyesight and strictly implement the relevant state regulations on class hours. Actively explore the use of artificial intelligence technology to reasonably control students’ continuous online training time.
Twelfth schools and kindergartens should strengthen the management of teaching staff. Teaching staff shall not organize, introduce or induce minors to participate in paid course counseling, and teachers are strictly prohibited from providing paid course counseling for minors.
Schools and kindergartens should conduct mental health screening for faculty and staff every semester, and adjust their posts in time for staff who are not suitable to continue to engage in corresponding posts.
Thirteenth schools and kindergartens should set up parent committees to listen to the opinions of families and minors through open teaching, joint home visits and parent-teacher conferences, so as to improve and perfect education and teaching methods.
Article 14 Schools and kindergartens shall establish a safety management system, implement closed campus management for minors during their stay in school and kindergarten, install video image acquisition devices in major areas, conditionally install a one-button alarm system, and do a good job in campus safety inspection. Every school and kindergarten should have at least one full-time security guard or specially trained security management personnel; Conditional can cooperate with the community, parents, establish a team of security volunteers, and maintain order at the school gate during school hours. The education administrative department of the people’s government at or above the county level shall supervise and guide schools and kindergartens to establish, improve and implement the safety management system.
Public security organs and other relevant departments shall maintain public security and traffic order around the campus according to law, promote the full coverage of public security video surveillance systems around the campus, and improve traffic management facilities. The public security organ shall reasonably set up a police room or a public security sentry box, arrange police force to guide and patrol, and timely prevent and stop the illegal and criminal acts against minors such as affray, extortion and fighting.
Fifteenth schools should establish a system for the prevention and control of student bullying, improve the early warning, in-process disposal and after-the-fact intervention mechanisms, clarify the responsibilities of faculty and staff in relevant positions, and effectively carry out the prevention and disposal of student bullying. The public security organs and parents of students where the school is located shall cooperate with the school to do a good job in the prevention and control of student bullying. The education administrative department of the people’s government at or above the county level shall incorporate the effect of prevention and control of student bullying into the annual assessment of the school.
If a school finds that a student commits bullying, it shall identify and dispose of it in accordance with the relevant provisions of the state.
Article 16 Schools and kindergartens should carry out emergency evacuation and safety self-help drills for emergencies and accidental injuries such as typhoon, earthquake, fire, drowning and food poisoning at least once every semester, so as to help minors improve their safety awareness and master the methods and abilities of avoiding danger, escaping, protecting and self-help.
Seventeenth schools and kindergartens should provide safe learning and living facilities for minors, and the food, medicine, school (park) clothes and other daily necessities provided should comply with the relevant provisions of the state and this province, and the procurement situation should be made public.
Schools and kindergartens that use school buses should establish and improve the school bus safety management system, and be equipped with safety management personnel. Schools and school bus service providers equipped with school buses should be equipped with on-board caregivers to ensure the safety of minors taking school buses. The school bus attendant shall not be concurrently held by the driver.
Eighteenth schools and kindergartens should establish and improve the health care mechanism, and equip full-time health technicians or part-time health care teachers as needed. When carrying out physical exercise and outdoor activities, minors suffering from heart disease, asthma, epilepsy and other diseases or with allergies and other special physique should be given corresponding care; Parents or other guardians of minors should take the initiative to inform schools and kindergartens of the corresponding situation of minors.
Article 19 The education administrative department of the people’s government at or above the county level shall establish a linking mechanism between compulsory education in junior high school and secondary vocational education, and accept students with learning difficulties in junior high school to attend secondary vocational schools.
Twentieth special education schools should have places and facilities to adapt to the characteristics of learning, rehabilitation and life of disabled minors, and provide labor skills education, vocational education and employment guidance to disabled minors at an appropriate stage.
The people’s governments at or above the county level shall give appropriate education subsidies to disabled minors who receive compulsory education, and the subsidy standards shall be determined by the people’s governments at or above the county level according to the local economic and social development level and the basic learning and living needs of the educational aid recipients.
Twenty-first schools and kindergartens are not allowed to set up places or facilities for the production, management, storage and use of inflammable, explosive, toxic, radioactive and corrosive dangerous goods within a linear extension of 200 meters.
Schools and kindergartens are not allowed to set up business entertainment places, bars, tattoo service places, adult goods stores, Internet service places and other places that are not suitable for minors’ activities within a linear extension of 200 meters. Operators who are not suitable for minors’ activities shall not allow minors to enter, and operators shall set up signs prohibiting minors from entering or restricting them in a prominent position. If it is difficult to determine whether they are minors, they shall be required to show their identity documents.
The departments of public security, emergency management, tourism and culture, market supervision and management of the people’s governments at or above the county level shall establish and improve the video supervision system and the special inspection system, and supervise places that are not suitable for minors’ activities according to law. Any organization or individual who finds minors entering places unsuitable for minors’ activities has the right to dissuade and stop them, and report to the public security organ or other relevant departments.
Twenty-second operators of off-campus custody and temporary care institutions that provide catering and rest services for minors shall set up and provide services in accordance with relevant national and provincial safety and health standards.
The people’s governments at or above the county level shall establish and improve the long-term supervision mechanism of off-campus custody and temporary care institutions, and the relevant departments of public security, market supervision and management, education, comprehensive administrative law enforcement and fire rescue institutions shall strengthen management according to their respective functions and duties, and carry out joint law enforcement work on a regular basis.
Article 23 Fire fighting and rescue institutions shall strengthen the fire fighting work of schools, kindergartens, off-campus training institutions, child welfare institutions and minor rescue and protection institutions, carry out fire fighting publicity and education, guide them to implement their fire safety responsibilities, organize fire fighting inspections at least once a year, and order them to make timely rectification if they find fire hazards or other fire-fighting violations.
Article 24 Residents’ committees, villagers’ committees and schools shall arrange special personnel to be responsible for caring and helping the left-behind minors and minors in distress, assist in providing guardianship guidance, carry out caring services such as life assistance, spiritual care, psychological counseling, returning to school and implementing household registration, and support and cooperate with relevant departments and social organizations to carry out caring and service activities.
People’s governments at all levels shall, in accordance with the relevant provisions of the state and this province, establish and improve the care and service system for left-behind minors and minors in distress, and guide residents’ committees, villagers’ committees, schools and other social organizations and mass organizations to establish information files for minors and carry out care and assistance work such as improving boarding conditions in schools and incorporating them into the scope of social assistance and social welfare policies.
Twenty-fifth network information departments and other relevant departments should strengthen the supervision and inspection of minors’ network protection, screen and filter websites and webpages that spread bad information, and purify the network environment.
Internet information, public security, tourism and culture, market supervision and management, press and publication, communication management, radio and television and other departments should strengthen the supervision and management of network information content and mobile phone operators, network operators and network information providers to prevent mobile phone information and network information from causing adverse effects and harm to minors.
Twenty-sixth without the permission of the school, underage students are not allowed to bring smart terminal products such as mobile phones into the classroom. If students really need to bring smart terminal products such as mobile phones into the campus, they must apply in writing with the consent of their parents, and then hand them over to the school for unified custody. Schools should formulate specific measures to clarify the place, method and responsible person of unified custody, and provide necessary custody devices.
Twenty-seventh network service providers should implement real-name management of online paid games and live webcasts through real-name verification, face recognition and manual audit, and may not provide recharge and reward services to minors.
If a minor participates in online paid games or rewards on the live webcast platform, the guardian may request the network service provider to return the money spent by the minor according to law.
Article 28 News media should be objective, prudent and moderate in reporting incidents involving minors, and should not disclose the names, residences, schools, photos and images of the minors involved, or materials that may infer the identity of the minors, or make insulting comments on the minors, so as to avoid secondary injuries, or infringe on their reputation, privacy and other legitimate rights and interests.
Chapter III Prevention of Juvenile Delinquency
Twenty-ninth minors have bad behavior or serious bad behavior, the relevant state organs, residents’ committees, villagers’ committees, schools, parents or other guardians of minors should intervene and correct in accordance with relevant laws and regulations.
Parents or other guardians of minors are the persons who are directly responsible for carrying out crime prevention education for minors, and shall perform their guardianship duties according to law, and perform the following duties of crime prevention education:
(a) to maintain communication and exchanges with minors, and to give timely help and guidance to the problems encountered in their growth;
(two) to carry out legal and moral education for minors, establish a good family style, and strengthen the self-protection and disposal ability of minors to deal with illegal infringement;
(three) take the initiative to understand the situation of minors in school and actively cooperate with the education work of the school;
(4) If minors are found to have abnormal psychology or behavior, they shall be educated, guided and advised in time;
(five) to educate and guide minors to watch, listen to or read healthy and progressive film and television programs, audio-visual products, books, newspapers, electronic publications and network information.
Thirtieth education administrative departments of the people’s governments at or above the county level shall popularize the rule of law education in primary and secondary schools, cultivate full-time teachers of rule of law education, and encourage legal experts and rule of law workers to serve as part-time teachers of rule of law education; According to the proportion of students in the administrative region, all primary and secondary schools are reasonably equipped with vice presidents of rule of law, part-time teachers of rule of law education, and off-campus rule of law counselors.
The education administrative department shall, in conjunction with the judicial administrative department, promote the construction of the practice base of legal education for minors in combination with the actual situation, and incorporate the practice base into the overall planning of off-campus education in primary and secondary schools.
Township People’s governments and sub-district offices shall co-ordinate the work of rule of law education for non-school minors within their respective administrative areas, arrange members of the talent pool of rule of law education teachers to teach rule of law education classes for non-school minors, and the education administrative department of the local people’s government shall give support.
Thirty-first schools should establish and improve the working mechanism of hiring and assessing the vice president of rule of law, full-time (part-time) teachers of rule of law education, and off-campus rule of law counselors.
The vice president of the rule of law, part-time teachers of the rule of law education, and off-campus counselors of the rule of law shall assist the school to carry out the rule of law education, and carry out the publicity activities of the rule of law education according to the arrangement of the school to ensure that at least one lecture on the rule of law is given every semester.
Thirty-second provincial people’s government shall, in accordance with the principle of overall planning and rational distribution, guide cities and counties to strengthen the construction of special schools. The administrative department of education shall ensure the conditions for running a special school, and ensure that the salary level of teachers in special schools is not lower than that of teachers in local ordinary primary and secondary schools.
Students in specialized schools enjoy the same rights as those graduated from ordinary primary and secondary schools and secondary vocational schools in terms of further studies and employment. No organization or individual may discriminate, punish or abuse underage students.
Ordinary schools should retain their student status for underage students transferred to specialized schools; Students who have been transferred back by the original decision-making organ shall not refuse to accept them. Due to special circumstances, it is not suitable to transfer back to the original school, and the education administrative department of the local people’s government will arrange for transfer.
Article 33 Parents or other guardians of minors shall visit minors who have received special education at least once a month and cooperate with special schools to educate and correct them. Special schools should provide convenience for parents or other guardians to visit minors.
Article 34 Public security organs, judicial administrative departments, people’s courts, people’s procuratorates, institutions of higher learning and scientific research institutes shall, in light of the actual situation, carry out research on the forms, characteristics and laws of juvenile delinquency and put forward suggestions for preventing juvenile delinquency.
People’s governments at or above the county level shall encourage and support lawyers from law firms and grass-roots law firms and grass-roots legal workers to actively participate in the prevention of juvenile delinquency.
Article 35 The whole society should optimize the growth environment of minors, educate and guide minors to establish a correct world outlook, outlook on life and values, enhance the concept of the rule of law, develop good conduct and law-abiding behavior habits, consciously resist the temptation and infringement of bad behaviors and illegal and criminal acts, and enhance the self-prevention ability of illegal and criminal acts.
The people’s governments at or above the county level shall promote the construction of social work talents specializing in the prevention of juvenile delinquency, encourage and support institutions of higher learning, enterprises and institutions, social organizations and individuals engaged in legal services and psychological services, give full play to their own advantages, and participate in the prevention of juvenile delinquency by entering schools and communities.
Chapter IV Legal Liability
Article 36 If the parents or other guardians of minors fail to perform their guardianship duties according to law or infringe upon the legitimate rights and interests of minors, the residents’ committees and villagers’ committees in their places of residence shall advise and stop them; If the circumstances are serious, the residents’ committees and villagers’ committees shall report to the public security organs in a timely manner.
Residents’ committees and villagers’ committees should record the process and content of exhortation and stop, and pay a return visit within one month to protect the legitimate rights and interests of minors.
If the public security organ receives a report or the public security organ, the people’s procuratorate or the people’s court finds that the parents or other guardians of minors have the above situation in the process of handling the case, they shall be admonished and may be ordered to receive family education guidance.
Thirty-seventh schools, kindergartens and their staff in violation of the provisions of Article 9, Article 12, Article 14, Article 16, Article 18, the education administrative department of the people’s government at or above the county level shall order it to make corrections and give criticism and education; Refuses to correct or if the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be punished according to law or ordered to be punished by the school.
Article 38 State functionaries responsible for the protection and prevention of juvenile delinquency who neglect their duties, abuse their powers or engage in malpractices for personal gain shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Thirty-ninth acts in violation of these provisions, which have not been punished, shall be punished in accordance with the relevant laws and regulations; If it causes personal, property or other damage, it shall bear civil liability according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter V Supplementary Provisions
Fortieth these Provisions shall come into force as of November 1, 2021. The Regulations on the Protection of Minors in Hainan Province adopted at the 18th meeting of the Standing Committee of the Fifth People’s Congress of Hainan Province on November 27, 2015 shall be abolished at the same time.