Chapter V Prevention of Re-offending
Article 50 In handling criminal cases involving juveniles, the public security organs, people's procuratorates, and people's courts shall carry out targeted rule of law education in light of the juveniles' physical and psychological characteristics and criminal circumstances.
Where the participation of adult relatives, teachers or counselors, among others, other than their legal representatives in the education of juveniles involved in the criminal cases is conducive to the rehabilitation and rescue of the juveniles, the public security organs, people's procuratorates, and people's courts shall invite them to participate in the relevant activities.
Article 51 In handling criminal cases involving juveniles, the public security organs, people's procuratorates, and people's courts may conduct on their own or entrust relevant social organizations or institutions to conduct social investigations on the growth experience, causes of crime, guardianship, education, and other situation of juvenile suspects or defendants; and with the consent of the juvenile suspects or defendants, and their legal representatives, may conduct psychological assessments of the juvenile suspects or defendants according to the actual needs.
The reports on social investigation and psychological assessments may be used as reference for handling cases and educating juveniles.
Article 52 Where the public security organs, people's procuratorates, and people's courts apply release on bail to juveniles who have no fixed residence and cannot provide guarantors, they shall appoint appropriate adults as guarantors and, if necessary, may arrange for juveniles who are released on bail to receive social probation.
Article 53 Juveniles who are detained or arrested or who are serving their sentences in reformatories for juvenile delinquents shall be detained, administered and educated separately from adults. Community corrections for juveniles shall be carried out separately from adults.
For juveniles who fall under the aforesaid circumstances and have not completed compulsory education, the public security organs, people's procuratorates, people's courts, and judicial administrative departments shall cooperate with the administrative departments of education to ensure that they continue to receive compulsory education.
Article 54 Reformatories for juvenile delinquents and community correction institutions shall strengthen rule of law education for juvenile delinquents and objects of juvenile community correction, and provide them with vocational education in light of the actual circumstances.
Article 55 The community correction institutions shall notify the objects of juvenile community correction of the relevant provisions on resettlement, assistance and education, and cooperate with the departments of resettlement, assistance and education in implementing relevant measures or solving problems of the objects of juvenile community correction such as school attendance, employment, etc.
Article 56 For a juvenile released upon completion of a sentence, the reformatory for juvenile delinquents shall notify his parents or other guardians in advance to take him back on time, and assist in implementing the resettlement, assistance and education measures. For a juvenile who has no parents or other guardians or it is impossible to find his parents or other guardians, the reformatory for juvenile delinquents shall notify in advance the judicial administrative department at the place of his original domicile or residence to arrange personnel to take him back on time, and the civil affairs department, or the residents' committee or villagers' committee shall implement guardianship over him in accordance with the law.
Article 57 A juvenile's parents or other guardians, school, and residents' committee or villagers' committee shall take effective measures to assist and educate the juvenile who has received community corrections or who is released upon completion of a sentence, and assist the judicial organ and relevant departments in effectively carrying out the work of resettlement, assistance and education.
Residents' committees and villagers' committees may employ retirees, volunteers or other personnel who are of good ideology and moral character, honest and upright and enthusiastic about the work with juveniles, to assist in effectively carrying out the work of resettlement, assistance and education as prescribed in the preceding paragraph.
Article 58 A juvenile who has been released upon completion of a sentence or who receives community corrections shall have the same rights as other juveniles in resumption of study, entering a school of a higher grade, employment, and other respects, and no entity or individual may discriminate against him.
Article 59 Where the criminal records of juveniles are sealed in accordance with the law, the public security organs, people's procuratorates, people's courts, and judicial administrative departments shall not provide them to any entity or individual, except the inquiries by the judicial organs for the purpose of handling cases or the inquiries by the relevant entities according to the relevant provisions of the State. Entities and individuals that conduct inquiries in accordance with the law shall keep the relevant records and information confidential.
The provisions of the preceding paragraph shall apply to the records of the juveniles on receiving special correctional education and special education, as well as records of administrative punishments imposed, criminal compulsory measures taken, and non-prosecution.
Article 60 People's procuratorates shall, through exercising the procuratorial power in accordance with the law, supervise the prevention of re-offending by the juveniles.
Chapter VI Legal Liabilities
Article 61 Where the public security organ, people's procuratorate or people's court finds, in the course of handling a case, that the parents or other guardians of a juvenile with serious misbehaviors fail to perform the guardianship duties according to the law, they shall reprimand them and may order them to receive family education guidance.
Article 62 Where schools and their faculty members, in violation of the provisions of this Law, fail to perform the duties of preventing juvenile delinquency, or mistreat or discriminate against the relevant juveniles, the administrative department of education and other departments shall order them to take corrective action and circulate notices of criticism; and if the circumstances are serious, the directly responsible persons in charge and other directly responsible persons shall be given disciplinary sanctions according to the law. Where the act is against public security administration, the public security organ shall impose administrative penalty for public security on them according to the law.
A faculty member who instigates, coerces, or induces a juvenile into committing misbehaviors or serious misbehaviors, or is ill-behaved and has bad influence, shall be dismissed or discharged by the administrative department of education and school according to the law.
Article 63 Those who, in violation of the provisions of this Law, discriminate against the relevant juveniles in resumption of study, entering a school of a higher grade, employment, and other respects shall be ordered by their entities, or the department of education, human resources and social security or other departments to make corrections; and where they refuse to make corrections, the directly responsible persons in charge or other directly responsible persons shall be given disciplinary sanctions according to the law.
Article 64 Where relevant social organizations, institutions and their staff members mistreat or discriminate against juveniles receiving social probation, or issue false reports on social investigations or psychological assessments, the department of civil affairs, judicial administration or other departments shall impose disciplinary sanctions on the directly responsible persons in charge or other directly responsible persons according to the law, and where the act is against public security administration, the public security organ shall impose administrative penalty for public security on them.
Article 65 For those who instigate, coerce, or induce juveniles into committing misbehaviors or serious misbehaviors, which has constituted an act against public security administration, the public security organs shall impose administrative penalty for public security on them according to the law.
Article 66 Where the state organs and their staff members abuse powers, neglect duties, practice favoritism or make falsification in the prevention of juvenile delinquency, the directly responsible persons in charge or other directly responsible persons shall be given disciplinary sanctions according to the law.
Article 67 Where violation of this Law constitutes a crime, criminal liability shall be investigated in accordance with the law.
Chapter VII Supplementary Provision
Article 68 This Law shall come into force on June 1, 2021.
