Case Concerning Procuratorial Supervision of Prohibiting the Rent and Sale of Online Game Accounts to Minors
(SPP Guiding Case No. 204)
Key words
Protection of minors online; Rent and sale of online game accounts; Coordination between criminal prosecution and administrative public interest litigation; Intervention in misconduct; Comprehensive governance
Summary
In handling online criminal cases involving minors, the people's procuratorates shall closely examine whether the cases reveal any clues of failure to fulfill duties related to the protection of minors online. Where the people's procuratorates identify that internet platforms are renting or selling online game accounts to minors, they may, in accordance with the law, urge the relevant administrative regulatory authorities to perform their duties, thereby ensuring comprehensive protection of minors' online rights and interests. Upon discovering that minors have suffered harm due to internet addiction, the people's procuratorates shall implement measures to both restore the harm and intervene in misconduct. The people's procuratorates shall promote coordination between legal supervision and administrative regulation, encouraging administrative regulatory authorities to strengthen the standardization of law enforcement in the protection of minors online.
Relevant provisions
Article 266 of the Criminal Law of the People's Republic of China
Articles 66, 67, 74, 75, 106, 127 of the Law of the People's Republic of China on the Protection of Minors
Articles 28 (4), 29, 31, and 32 of the Law of the People's Republic of China on the Prevention of Juvenile Delinquency
Articles 22 and 49 of the Law of the People's Republic of China on Family Education Promotion
Article 25 (4) of the Administrative Procedure Law of the People's Republic of China
Articles 13 and 29 of the E-Commerce Law of the People's Republic of China
Article 46 (2) of the Regulations to Protect Minors Online