Adopted at the Fourth Session of the Sixth National People’s Congress, promulgated by Order No. 37 of the President of the People’s Republic of China on April 12, 1986, and effective as of January 1, 1987

Chapter II Citizen (Natural Person)

Section 1 Capacity for Civil Rights and Capacity for Civil Conduct

Article 12 A minor aged 10 or over shall be a person with limited capacity for civil conduct and may engage in civil activities appropriate to his age and intellect; in other civil activities, he shall be represented by his agent ad litem or participate with the consent of his agent ad litem.

A minor under the age of 10 shall be a person having no capacity for civil conduct and shall be represented in civil activities by his agent ad litem.

Section 2 Guardianship

Article 16 The parents of a minor shall be his guardians.

If the parents of a minor are dead or lack the competence to be his guardian, a person from the following categories who has the competence to be a guardian shall act as his guardian:

(1) paternal or maternal grandparent;

(2) elder brother or sister; or

(3) any other closely connected relative or friend willing to bear the responsibility of guardianship and having approval from the units of the minor’s parents or from the neighbourhood or village committee in the place of the minor’s residence. In case of a dispute over guardianship, the units of the minor’s parents or the neighbourhood or village committee in the place of his residence shall appoint a guardian from among the minor’s near relatives. If disagreement over the appointment leads to a lawsuit, the people’s court shall make a ruling.

If none of the persons listed in the first two paragraphs of this article is available to be the guardian, the units of the minor’s parents, the neighbourhood or village committee in the place of the minor’s residence or the civil affairs department shall act as his guardian.

Chapter V Civil Rights

Section 4 Personal Rights

Article 103 Citizens shall enjoy the right of marriage by choice. Mercenary marriages, marriages upon arbitrary decision by any third party and any other acts of interference in the freedom of marriage shall be prohibited.

Article 104 Marriage, the family, old people, mothers and children shall be protected by law. The lawful rights and interests of the handicapped shall be protected by law.

Article 105 Women shall enjoy equal civil rights with men.

Adopted at the Second Session of the Fifth National People’s Congress on July 1, 1979. Revised at the Fifth Session of the Eighth National People’s Congress on March 14, 1997

Chapter II Crimes

Section 1 Crimes and Criminal Responsibility

Article 17 If a person who has reached the age of 16 commits a crime, he shall bear criminal responsibility.

If a person who has reached the age of 14 but not the age of 16 commits intentional homicide, intentionally hurts another person so as to cause serious injury or death of the person, or commits rape, robbery, drug- trafficking, arson, explosion or poisoning, he shall bear criminal responsibility.

If a person who has reached the age of 14 but not the age of 18 commits a crime, he shall be given a lighter or mitigated punishment.

If a person is not given criminal punishment because he has not reached the age of 16, the head of his family or his guardian shall be ordered to discipline him. When necessary, he may be taken in by the government for rehabilitation.

Section 3 Joint Crimes

Article 29 Anyone who instigates another to commit a crime shall be punished according to the role he plays in a joint crime. Anyone who instigates a person under the age of 18 to commit a crime shall be given a heavier punishment.

If the instigated person has not committed the instigated crime, the instigator may be given a lighter or mitigated punishment.

Chapter III Punishments

Section 5 The Death Penalty

Article 49 The death penalty shall not be imposed on persons who have not reached the age of 18 at the time the crime is committed or on women who are pregnant at the time of trial.

Chapter IV. Crimes of Infringing upon Citizens’ Right of the Person and Democratic Rights

Article 236 Whoever rapes a woman by violence, coercion or any other means shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years.

Whoever has sexual intercourse with a girl under the age of 14 shall be deemed to have committed rape and shall be given a heavier punishment.

Whoever rapes a woman or has sexual intercourse with a girl under the age of 14 shall, in any of the following circumstances, be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death:

(1) the circumstances being flagrant;

(2) raping a number of women or girls under the age of 14;

(3) raping a woman before the public in a public place;

(4) raping a woman with one or more persons in succession; or

(5) causing serious injury or death to the victim or any other serious consequences.

Article 237 Whoever acts indecently against or insults a woman by violence, coercion or any other forcible means shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

Whoever gathers a number of people to commit the crime mentioned in the preceding paragraph or commits the crime before the public in a public place shall be sentenced to fixed-term imprisonment of not less than five years.

Whoever acts indecently against a child shall be given a heavier punishment in accordance with the provisions of the preceding two paragraphs.

Article 240 Whoever abducts and traffics in a woman or child shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined; if he falls under any of the following categories, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or sentenced to confiscation of property; if the circumstances are especially serious, he shall be sentenced to death and also to confiscation of property:

(1) being a ringleader of a gang engaged in abducting and trafficking in women and children;

(2) abducting and trafficking in three or more women and/or children;

(3) raping the woman who is abducted and trafficked in;

(4) enticing or forcing the woman who is abducted and trafficked in to engage in prostitution, or selling such woman to any other person who would force her to engage in prostitution;

(5) kidnapping a woman or child by means of violence, coercion or anesthesia for the purpose of selling the victim;

(6) stealing a baby or an infant for the purpose of selling the victim;

(7) causing serious injury or death to the woman or child who is abducted and trafficked in or to her or his relatives or any other serious consequences; or

(8) selling a woman or a child out of the territory of China.

By abducting and trafficking in a woman or child is meant any of the following acts: abducting, kidnapping, buying, trafficking in, fetching, sending, or transferring a woman or child, for the purpose of selling the victim.

Article 241 Whoever buys an abducted woman or child shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

Whoever buys an abducted woman and forces her to have sexual intercourse with him shall be convicted and punished in accordance with the provisions of Article 236 of this Law.

Whoever buys an abducted woman or child and illegally deprives the victim of his or her personal freedom or restricts his or her personal freedom, or commits any criminal acts such as harming and humiliating the victim, shall be convicted and punished in accordance with the relevant provisions of this Law.

Whoever buys an abducted woman or child and commits the criminal act as specified in the second or third paragraph of this Article shall be punished in accordance with the provisions on combined punishment for several crimes.

Whoever buys an abducted woman or child and sells the victim afterwards shall be convicted and punished in accordance with the provisions of Article 240 of this Law.

Whoever buys an abducted woman or child but does not obstruct the woman from returning to her original place of residence as she wishes or does not maltreat the child nor obstruct his or her rescue may be exempted from being investigated for criminal responsibility.

Article 242 Whoever, through violence or threat, obstructs functionaries of a State organ from rescuing a sold woman or child shall be convicted and punished in accordance with the provisions of Article 277 of this Law.

The major culprit who gathers people to prevent functionaries of a State organ from rescuing a sold woman or child shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; the other participants who resort to violence or threat shall be punished in accordance with the provisions of the preceding paragraph.

Article 257 Whoever uses violence to interfere with another person’s freedom of marriage shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

Whoever commits the crime mentioned in the preceding paragraph and causes death to the victim shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years.

The crime mentioned in the first paragraph of this Article shall be handled only upon complaint.

Article 258 Whoever has a spouse and commits bigamy or knowingly marries a person who has a spouse shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

Article 259 Whoever knowingly cohabits with or marries a person who is the spouse of an active serviceman shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.

Whoever, by taking advantage of his functions and powers or the subordinate relationship, have sexual intercourse with the wife of an active serviceman by means of coercion shall be convicted and punished in accordance with the provisions of Article 236 of this Law.

Article 260 Whoever maltreats a member of his family, if the circumstances are flagrant, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance.

Whoever commits the crime mentioned in the preceding paragraph and causes serious injury or death to the victim shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years.

The crime mentioned in the first paragraph of this Article shall be handled only upon complaint.

Article 261 Whoever refuses to fulfill his duty to support an aged person, minor, sick person or any other person who cannot live independently, if the circumstances are flagrant, shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.

Article 262 Whoever abducts a minor under the age of 14, thereby separating the child from his family or guardian, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

Chapter VI Crimes of Obstructing the Administration of Public Order

Section 1 Crimes of Disturbing Public Order

Article 300 Whoever forms or uses superstitious sects or secret societies or weird religious organizations or uses superstition to undermine the implementation of the laws and administrative rules and regulations of the State shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if the circumstances are especially serious, he shall be sentenced to fixed- term imprisonment of not less than seven years.

Whoever forms or uses superstitious sects or secret societies or weird religious organizations or uses superstition to cheat another person, and causes death to the person shall be punished in accordance with the provisions of the preceding paragraph.

Whoever forms or uses superstitious sects or secret societies or weird religious organizations or uses superstition to rape a woman or swindle money or property shall be convicted and punished in accordance with the provisions of Articles 236 and Article 266 of this Law respectively.

Article 301 Where people are gathered to engage in licentious activities, the ringleaders and the persons who repeatedly take part in such activities shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.

Whoever entices a minor to join people in licentious activities shall be given a heavier punishment in accordance with the provisions of the preceding paragraph.

Section 7 Crimes of Smuggling, Trafficking in, Transporting and Manufacturing Narcotic Drugs

Article 353 Whoever lures, aids and abets, or cheats another person into drug ingestion or injection shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.

Whoever forces another person to ingest or inject narcotic drugs shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.

Whoever lures, aids and abets or cheats a minor into drug ingestion or injection or forces a minor to ingest or inject narcotic drugs shall be given a heavier punishment.

Section 8 Crimes of Organizing, Forcing, Luring, Sheltering or Procuring Other Persons to Engage in Prostitution

Article 358 Whoever arranges for or forces another person to engage in prostitution shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined; whoever falls under any of the following categories shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or be sentenced to confiscation of property:

(1) making arrangements for another person to engage in prostitution and the circumstances being serious;

(2) forcing a girl under the age of 14 to engage in prostitution;

(3) forcing a number of persons to engage in prostitution or repeatedly forcing another person to engage in prostitution;

(4) forcing the victim to engage in prostitution after raping her; or

(5) causing serious injury, death or other serious consequences to the person who is forced to engage in prostitution.

Whoever falls under any of the categories mentioned in the preceding paragraph, if the circumstances are especially serious, shall be sentenced to life imprisonment or death and shall also be sentenced to confiscation of property.

Whoever assists in arranging for another person to engage in prostitution shall be sentenced to fixed-term imprisonment of not more than five years and shall also be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined.

Article 359 Whoever lures other persons into or shelters prostitution or procures other persons to engage in prostitution shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance and shall also be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined.

Whoever lures a girl under the age of 14 to engage in prostitution shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined.

Article 360 Any person who knows clearly that he or she is suffering from serious venereal diseases such as syphilis and gonorrhea goes whoring or engages in prostitution shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance and shall also be fined.

Whoever whores with a girl under the age of 14 shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined.

Article 361 Any employee of a unit in the trade of hotels, in the catering or entertainment services, or in the taxi services who, by taking advantage of his or her work unit, arranges for, forces or lures another person to engage in prostitution or provides shelter for prostitution or procures other persons to engage in prostitution, shall be convicted and punished in accordance with the provisions of Articles 358 and 359 of this Law.

If the chief leading member of any of the units listed above commits the crime mentioned in the preceding paragraph, he or she shall be given a heavier punishment.

Article 362 Where an employee of a unit in the trade of hotels, in the catering or entertainment services, or in the taxi services, informs law-breakers of a public security organ’s plan to ferret out or deal with activities of prostitution or whoring, if the circumstances are serious, he shall be convicted and punished in accordance with the provisions of Article 310 of this Law.

Section 9 Crimes of Producing, Selling, Disseminating Pornographic Materials

Article 364 Whoever disseminates pornographic materials including books, periodicals, movies, video-audio tapes and pictures, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than two years, criminal detention or public surveillance.

Whoever arranges for shows of pornographic audio-video products including movies and video-tapes shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance and shall also be fined; if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.

Whoever produces or duplicates pornographic audio-video products including movies and video-tapes and arranges for their show shall be given a heavier punishment in accordance with the provisions of the second paragraph of this Article.

Whoever disseminates pornographic materials to a minor under the age of 18 shall be given a heavier punishment.

Chapter IX Crimes of Dereliction of Duty

Article 416 Any functionary of a State organ who is charged with the functions and responsibilities to rescue a woman or child who is abducted, sold or kidnapped fails to do so on receiving a request for rescue by the victim or by his or her family members or on receiving a report thereon made by any other person, thus causing serious consequences, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

Any functionary of a State organ charged with the said functions and responsibilities who, by taking advantage of his office, hinders the rescue effort shall be sentenced to fixed-term imprisonment of not less than two years but not more than seven years; if the circumstances are relatively minor, he shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.

Adopted at the Fifth Session of the Fifth National People’s Congress and promulgated for impleamentation by the Announcement of the Nationa People’s Congress on December 4,1982.

Revised in accordance with the Amendment to the Constitution of the People’s republic of China adopted at the First Session of the Seventh National People’s Congress on april 12,1988 and the Amendment to the Constitution of the People’s republic of China adopted at the First Session of the Eighth National People’s Congress on March 29,1993

Chapter II The Fundamental Rights and Duties of Citizens

Article 46 Citizens of the People’s Republic of China have the duty as well as the right to receive education.

The State promotes the all-round development of children and young people,morally,intellectually and physically.

Article 48 Women in the People’s Republic of china enjoy equal rights with men in all spheres of life, in political,economic,cultural, social and family life.

The State protects the rights and interests of women,applies the principle of equal pay for equal work to men and women alike and trains and selects cadres from among women.

Article 49 Marriage, the family and mother and child are protected by the State.

Both husband and wife have the duty to practice family planning.

Parents have the duty to rear and educate their children who have come of age have the duty to support and assist their parents.

Violation of the freedom of marriage is prohibited. Maltreatment of old people,women and children is prohibited.

Adopted at the Second Session of the Fifth National People’s Congress on July 1, 1979, and revised in accordance with the Criminal Procedure Law of the People’s Republic of China adopted at the Fourth Session of the Eighth National People’s Congress on March 17, 1996)

Part One General Provision

Chapter I Aim And Basic Principles

Article 14 The people’s courts, the people’s procuratorates and the public security organs shall safeguard the procedural rights to which participants in proceedings are entitled according to law.

In cases where a minor under the age of 18 commits a crime, the criminal suspect and the legal representative of the defendant may be notified to be present at the time of interrogation and trial.

Participants in proceedings shall have the right to file charges against judges, procurators and investigators whose acts infringe on their citizen’s procedural rights or subject their persons to indignities.

Chapter VI Compulsory Measures

Article 60 When there is evidence to support the facts of a crime and the criminal suspect or defendant could be sentenced to a punishment of not less than imprisonment, and if such measures as allowing him to obtain a guarantor pending trial or placing him under residential surveillance would be insufficient to prevent the occurrence of danger to society, thus necessitating his arrest, the criminal suspect or defendant shall be immediately arrested according to law.

If a criminal suspect or defendant who should be arrested is seriously ill or is a pregnant woman or a woman breast-feeding her own baby, he or she may be allowed to obtain a guarantor pending trial or be placed under residential surveillance.

Part Two Filing a Case, Investigation, and Initiation of Public Prosecution

Chapter II Investigation

Section 3 Questioning of the Witnesses

Article 98 When a witness is questioned, he shall be instructed to provide evidence and give testimony truthfully and shall be informed of the legal responsibility that shall be incurred for intentionally giving false testimony or concealing criminal evidence.

When a witness under the age of 18 is questioned, his legal representative may be notified to be present.

Section 4 Inquest and Examination

Article 105 An examination may be conducted of the person of the victim or criminal suspect in order to ascertain some of his characteristics or physiological condition, or the circumstances of the injury.

If a criminal suspect refuses to be examined, the investigators, when they deem it necessary, may conduct a compulsory examination.

Examination of the persons of women shall be conducted by female officers or doctors.

Section 5 Search

Article 112 During a search, the person to be searched or his family members, neighbours or other eyewitnesses shall be present at the scene.

Searches of the persons of women shall be conducted by female officers.

Part Three Trial

Chapter II Procedure of First Instance

Section 1 Cases of Public Prosecution

Article 152 Cases of first instance in a People’s Court shall be heard in public. However, cases involving State secrets or private affairs of individuals shall not be heard in public.

No cases involving crimes committed by minors who have reached the age of 14 but not the age of 16 shall be heard in public. Generally, cases involving crimes committed by minors who have reached the age of 16 but not the age of 18 shall also not be heard in public.

The reason for not hearing a case in public shall be announced in court.

Part Four Execution

Article 211 After receiving an order from the Supreme People’s Court to execute a death sentence, the People’s Court at a lower level shall cause the sentence to be executed within seven days. However, under one of the following conditions the People’s Court at a lower level shall suspend execution and immediately submit a report to the Supreme People’s Court for an order:

(1) if it is discovered before the execution of the sentence that the judgment may contain an error;

(2) if, before the execution of the sentence, the criminal exposes major criminal facts or renders other significantly meritorious service, thus the sentence may need to be revised; or

(3) if the criminal is pregnant.

If the reason given in sub-paragraph (1) or (2) of the preceding paragraph which caused the suspension of the sentence has disappeared, the sentence may be executed only after a report is submitted to the President of the Supreme People’s Court for him to sign and issue another order for execution of the death sentence. If execution is suspended for the reason given in sub-paragraph (3) of the preceding paragraph, a request shall be submitted to the Supreme People’s Court for it to alter the sentence according to law.

Article 214 A criminal sentenced to fixed-term imprisonment or criminal detention, under either of the following conditions, may be permitted to temporarily serve his sentence outside prison:

(1) if the criminal is seriously ill and needs to be released on parole for medical treatment; or

(2) if the criminal is pregnant or is breast-feeding her own baby.

If a criminal to be released on parole for medical treatment may endanger the community or if a criminal injures himself or makes himself disabled, he may not be released on parole for medical treatment.

If a criminal is truly ill seriously and must be released on parole for medical treatment, a supporting document prepared by the hospital designated by a people’s government at the provincial level shall be needed, and the matter shall be subject to examination and approval according to the procedure prescribed by law.

If it is found that a criminal released on parole for medical treatment does not meet the conditions for release on parole for medical treatment or the criminal has gravely violated the regulations regarding such release, he shall be taken back to prison without delay.

As to a criminal sentenced to fixed-term imprisonment or criminal detention who is unable to look after himself in everyday life, if his service of sentence outside prison would not endanger the community, he may be permitted to serve his sentence outside prison temporarily.

If a criminal is permitted to serve his sentence outside prison temporarily, the sentence shall be executed by the public security organ in the place where the criminal resides, the executing organ shall exercise strict control and supervision over him and the grass-roots organizations or the unit where the criminal originally belonged shall assist in supervision.

Adopted at the 25th Meeting of the Standing Committee of the Ninth National People’s Congress on December 29, 2001

Contents

Chapter I General Provisions

Chapter II Formulation and Implementation of Plans for Population Development

Chapter III Regulation of Reproduction

Chapter IV Rewards and Social Security

Chapter V Technical Services for Family Planning

Chapter VI Legal Liability

Chapter VII Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is enacted, in accordance with the Constitution, for the purpose of bringing about a coordinated development between population on the one side and the economy, society, resources and environment on the other, promoting family planning, protecting the legitimate rights and interests of citizens, enhancing happiness of families, and contributing to prosperity of the nation and progress of the society.

Article 2 China being a populous country, family planning is a fundamental State policy.

The State adopts a comprehensive measure to control the size and raise the general quality of the population.

The State relies on publicity and education, advances in science and technology, multi-purpose services and the establishment and improvement of the reward and social security systems in carrying out the population and family planning programs.

Article 3 The population and family planning programs shall be combined with the efforts to offer more opportunities for women to receive education and get employed, improve their health and elevate their status.

Article 4 When promoting family planning, the people’s governments at all levels and their staff members shall perform their administrative duties strictly in accordance with law, and enforce the Law in a civil manner, and they may not infringe upon legitimate rights and interests of citizens.

Lawful performance of the official duties by the administrative departments for family planning and their staff members shall be protected by law.

Article 5 The State Council shall exercise leadership over the population and family planning programs throughout the country. Local people’s governments at all levels shall exercise leadership over the population and family planning program within their own administrative regions.

Article 6 The administrative department for family planning under the State Council shall be in charge of the family planning program and the population program related to family planning nationwide. Family planning administration departments of the local people’s governments at or above the county level shall be in charge of the fami-ly planning program and the population program related to family planning within their own administrative regions.

The other administrative departments of the local people’s governments at or above the county level shall be in charge of the relevant aspects of the population and family planning programs within the limi-ts of their duties.

Article 7 Public organizations such as Trade Unions, Communist Youth Leagues, Women’s Federations, and Family Planning Associations, as well as enterprises, institutions, and individual citizens shall assist the people’s governments in carrying out the population and family planning programs.

Article 8 The State gives rewards to organizations and individuals that have scored outstanding achievements in the population program and family planning.

Chapter II Formulation and Implementation of Population Development Plans

Article 9 The State Council shall make plans for population development and incorporate them into the national economic and social development plans. Based on the plans for population development nationwide and such plans made by the people’s governments at the next higher level, people’s governments at or above the county level shall, in light of their local conditions, work out such plans for their own administrative regions and incorporate them into their economic and social development plans.

Article 10 People’s governments at or above the county level shall, on the basis of the population development plans, formulate plans for implementation of the population and family planning programs and make arrangements for their implementation.

The administrative departments for family planning of the people’s governments at or above the county level shall be responsible for routine implementation of the population and family planning plans.

People’s governments of townships, ethnic townships, and towns, and neighborhood offices in urban areas shall be in charge of the population and family planning programs in the areas under their jurisdiction and shall implement the population and family planning plans.

Article 11 In the implementation plans for population and family planning programs shall be specified measures for keeping the size of the population under control, improving maternal and child healthcare services, and raising the general quality of the population.

Article 12 Villagers’ committees and residents’ committees shall, in accordance with law, make a success of the family planning programs. Government departments, the armed forces, public organizations, enterprises and institutions shall make a success of the family planning programs in their own units.

Article 13 Departments in charge of family planning, education, science and technology, culture, public health, civil affairs, the press and publication, and radio and television broadcasting shall make arrangements to conduct public education in the importance of the population program and family planning.

The mass media are obligated to give publicity to the population program and family planning for the public good.

Schools shall, in a manner suited to the characteristics of the receivers and in a planned way, conduct among pupils education in physiology and health, puberty or sexual health.

Article 14 Family planning among migrant people shall jointly be managed by the people’s governments of the place where their residence is registered and of the place where they are currently staying, but chiefly by the latter.

Article 15 The State, on the basis of the national economic and social development, gradually increases the overall amount of funding for the population and family planning programs.

People’s governments at all levels shall guarantee the necessary funding for the said programs. People’s governments at all levels shall give special support to the population and family planning programs in poverty-stricken areas and in areas inhabited by ethnic peoples.

The State encourages public organizations, enterprises and institutions and individuals to offer financial assistance to the population and family planning programs.

No unit or individual may withhold, reduce or misappropriate the funds earmarked for the population and family planning programs.

Article 16 The State encourages scientific research and international exchange and cooperation in respect of the population and family planning programs.

Chapter III Regulation of Reproduction

Article 17 Citizens have the right to reproduction as well as the obligation to practise family planning according to law. Both husband and wife bear equal responsibility for family planning.

Article 18 The State maintains its current policy for reproduction, encouraging late marriage and childbearing and advocating one child per couple. Where the requirements specified by laws and regulations are met, plans for a second child, if requested, may be made. Specific measures in this regard shall be formulated by the people’s congress or its standing committee of a province, autonomous region, or municipality directly under the Central Government.

Family planning shall also be introduced to the ethnic peoples. Specific measures in this regard shall be formulated by the people’s congress or its standing committee of a province, autonomous region, or municipality directly under the Central Government.

Article 19 Family planning shall chiefly by means of contraception.

The State creates conditions to ensure that individual citizens knowingly choose safe, effective, and appropriate contraceptive methods. Where birth control operations are performed, the recipients’ safety shall be ensured.

Article 20 Couples of reproductive age shall conscientiously adopt contraceptive methods and accept technical services and guidance for family planning. Incidence of unwanted pregnancies shall be prevented and reduced.

Article 21 Couples of reproductive age who practise family planning shall receive, free of charge, the basic items of technical services specified by the State. The funds needed for rendering the services specified in the preceding paragraph shall, in accordance with relevant State regulations, be listed in the budget or be guaranteed by social insurance plans.

Article 22 Discrimination against and maltreatment of women who give birth to baby girls or who suffer from infertility are prohibited. Discrimination against, maltreatment, and abandonment of baby girls are prohibited.

Chapter IV Rewards and Social Security

Article 23 The State, in accordance with regulations, rewards couples who practise family planning.

Article 24 To facilitate family planning, the State establishes and improves the social security system covering the basic old-age insurance, basic medical insurance, childbearing insurance, and welfare benefits.

The State encourages insurance companies to offer insurance schemes that facilitate family planning.

In rural areas where conditions permit, various types of old-age support schemes may be adopted in adherence to the principles of government guidance and willingness on the part of the rural people.

Article 25 Citizens who marry late and delay childbearing may be entitled to longer nuptial and maternity leaves or other welfare benefits.

Article 26 In accordance with relevant State regulations, women shall enjoy special occupational protection and be entitled to assistance and subsidies during the period of pregnancy, delivery, and breast-feeding.

Citizens who undergo surgical operation for family planning shall enjoy leaves as specified by the State. Local people’s governments may give them rewards.

Article 27 The State shall issue to a couple who volunteer to have only one child in their lifetime a “Certificate of Honor for Single-Child Parents”.

Couples who are issued the said certificate shall enjoy rewards in accordance with the relevant regulations of the State and of the province, autonomous region, or municipality directly under the Central Government.

Where measures in laws, rules or regulations specify that the rewards to couples who have only one child in their lifetime shall be given by the units where they work, such units shall execute the measures.

Where the only child of a couple is disabled or killed in accidents, and the couple decides not to have or adopt another child, the local people’s government shall provide the couple with necessary assistance.

Article 28 Local people’s governments at all levels shall help rural households that practise family planning to develop economic undertakings by giving them support and preferential treatment in terms of funds, technology and training. Poverty-stricken households that practise family planning shall be given priority in terms of poverty-alleviation loans, relief through work and other poverty-alleviation projects, and social assistance.

Article 29 Specific measures for conferring rewards specified in this Chapter may be formulated by the people’s congresses or their standing committees or the people’s governments of the provinces, autonomous regions, municipalities directly under the Central Government or larger cities in accordance with the provisions of this Law and relevant laws and administrative regulations and in light of local conditions.

Chapter V Technical Services for Family Planning

Article 30 The State establishes premarital health care and maternal health care systems to prevent or reduce the incidence of birth defects and improve the health of newborns.

Article 31 People’s governments at all levels shall take measures to ensure citizens’ access to technical services for family planning in order to improve their reproductive health.

Article 32 Local people’s governments at all levels shall rationally allocate and make multi-purpose use of health resources, establish and improve family planning technical service networks comprising family planning technical service institutions and medical and health-care institutions providing such services and upgrade the facilities and improve the conditions for and raise the level of such services.

Article 33 Family planning technical service institutions and medical and health-care institutions providing such services shall, within the scope of their respective responsibilities, conduct, among different reproductive age groups of people, publicity and education in the basic knowledge about the population program and family planning, provide pregnancy check-ups and follow-up for married women of reproductive age, offer advice and guidance and provide technical services in respect of family planning and reproductive health.

Article 34 Persons providing family planning technical services shall give guidance to citizens who practise family planning in choosing the safe, effective and appropriate contraceptive methods. Couples who already have children are encouraged to choose long-acting contraceptive methods.

The State encourages research in, employment and wide use of, new technologies and contraceptives for family planning.

Article 35 Use of ultrasonography or other techniques to identify fetal gender for non-medical purposes is strictly prohibited. Sex-selective pregnancy termination for non-medical purposes is strictly prohibited.

Chapter VI Legal Liability

Article 36 Anyone who, in violation of the provisions of this Law, commits one of the following acts shall be instructed to make rectification and be given a disciplinary warning, and his unlawful gains shall be confiscated by the administrative department for family planning or public health; if the unlawful gains exceed RMB 10,000 yuan, he shall be fined not less than two times but not more than six times the amount of the unlawful gains; if there are no unlawful gains or the said gains are less than 10,000 yuan, he shall be fined not less than 10,000 yuan but not more than 30,000 yuan; if the circumstances are serious, his license shall be revoked by the authority that issued it; if a crime is constituted, he shall be investigated for criminal liability in accordance with law:

(1) illegally performing an operation related to family planning on another person;

(2) using ultrasonography or other techniques to identify fetal gender for non-medical purposes or to bring about sex-selective pregnancy termination for non-medical purposes for another person; or

(3) performing a fake birth-control operation, providing a false medical report, or issuing a counterfeit certificate of family planning.

Article 37 If anyone forges, alters or trades in certificates of family planning, his unlawful gains shall be confiscated by the administrative department for family planning; if the said gains exceed 5,000 yuan, he shall be fined not less than two times but not more than ten times the amount of the said gains; if there are no such gains or the gains are less than 5,000 yuan, he shall be fined not less than 5,000 yuan but not more than 20,000 yuan. If the offence constitutes a crime, he shall be investigated for criminal liability in accordance with law.

A certificate of family planning that is obtained by illegitimate means shall be revoked by the administrative department for family planning; if the fault lies with the unit that issues such a certificate, the persons who are directly in charge and the other persons who are directly responsible shall be given administrative sanctions in accordance with law.

Article 38 Persons providing technical services for family planning who serve against rules and regulations or delay rescue measures, diagnosis or treatment, if the consequences are serious, shall, in accordance with relevant laws and administrative regulations, bear appropriate legal liability.

Article 39 Any functionary of a State organ who commits one of the following acts in the work of family planning, if the act constitutes a crime, shall be investigated for criminal liability in accordance with law; if it does not constitute a crime, he shall be given an administrative sanction in accordance with law; his unlawful gains, if any, shall be confiscated:

(1) infringing on a citizen’s personal rights, property rights or other legitimate rights and interests;

(2) abusing his power, neglecting his duty or engaging in malpractices for personal gain;

(3) demanding or accepting bribes;

(4) withholding, reducing, misappropriating or embezzling funds for family planning or social maintenance fees; or (5) making false or deceptive statistic data on population or family planning, or fabricating, tampering with, or refusing to provide such data.

Article 40 Any unit that, in violation of the provisions of this Law, fails to perform its obligation of assisting in the administration of family planning shall be instructed to make rectification and be criticized in a circular by the local people’s government concerned; the persons who are directly in charge and the other persons who are directly responsible shall be given administrative sanctions in accordance with law.

Article 41 Citizens who give birth to babies not in compliance with the provisions of Article 18 of this Law shall pay a social maintenance fee prescribed by law.

Citizens who fail to pay the full amount of the said fees payable within the specified time limit shall have to pay an additional surcharge each in accordance with relevant State regulations, counting from the date each fails to pay the fees; with regard to ones who still fail to make the payment, the administrative department for family planning that makes the decision on collection of the fees shall, in accordance with law, apply to the people’s court for enforcement.

Article 42 Where the person who fail to pay the social maintenance fees prescribed in Article 41 of this Law is a State functionary, he shall, in addition, be given an administrative sanction in accordance with law; with regard to a person other than the State functionary, a disciplinary measure shall, in addition, be taken against him by the unit or organization where he belongs.

Article 43 Anyone who resists or hinders the administrative department for family planning or its staff members in their performance of their official duties in accordance with law shall be subject to criticism and be stopped by the administrative department for family planning. If his act constitutes a violation of the administrative regulations for public security, he shall, in accordance with law, be given a penalty for the violation; if it constitutes a crime, he shall be investigated for criminal liability.

Article 44 Citizens, legal persons or other organizations that believe an administrative department infringes upon their legitimate rights and interests while administering the family planning program may, in accordance with law, appeal for administrative review or initiate administrative proceedings.

Chapter VII Supplementary Provisions

Article 45 Specific measures for family planning among migrant persons and for providing to them family planning technical services, and measures for collecting social maintenance fees shall be formulated by the State Council.

Article 46 Specific measures for implementing this Law by the Chinese People’s Liberation Army shall be formulated by the Central Military Commission in accordance with this Law.

Article 47 This Law shall go into effect as of September 1, 2002.

Adopted at the Fourth Session of the Sixth National People’s Congress, and effective as of July 1, 1986.

Article 1 This Law is formulated, in accordance with the Constitution and the actual conditions in China, for the purpose of promoting elementary education and the building of a socialist society that is advanced culturally and ideologically as well as materially.

Article 2 The State shall institute a system of nine-year compulsory education. The authorities of provinces, autonomous regions, and municipalities directly under the Central Government shall decide on measures to promote compulsory education, in accordance with the degree of economic and cultural development in their own localities.

Article 3 In compulsory education, the State policy on education must be implemented to improve the quality of instruction and enable children and adolescents to achieve all-round development – morally, intellectually and physically-so as to lay the foundation for improving the quality of the entire nation and for cultivating well-educated and self-disciplined builders of socialism with high ideals and moral integrity.

Article 4 The State, the community, schools and families shall, in accordance with the law, safeguard the right to compulsory education of school-age children and adolescents.

Article 5 All children who have reached the age of six shall enrol in school and receive compulsory education for the prescribed number of years, regardless of sex, nationality or race. In areas where that is not possible, the beginning of schooling may be postponed to the age of seven.

Article 6 Schools shall promote the use of putonghua (common speech based on Beijing pronunciation), which is in common use throughout the nation.

Schools in which the majority of students are of minority nationalities may use the spoken and written languages of those nationalities in instruction.

Article 7 Compulsory education shall be divided into two stages: primary school education and junior middle school education. Once primary education has been made universal, junior middle school education shall follow. The department in charge of education under the State Council shall decide on the duration of each stage.

Article 8 Under the leadership of the State Council, local authorities shall assume responsibility for compulsory education, and it shall be administered at different levels.

The department in charge of education under the State Council shall, in accordance with the needs of the socialist modernization and with the physical and mental development of children and adolescents, decide on the teaching methods, the courses to be offered and their content, and the selection of textbooks for compulsory education.

Article 9 Local people’s governments at various levels shall establish primary schools and junior middle schools at such locations that children and adolescents can attend schools near their homes.

Local people’s governments shall establish special schools (or classes) for children and adolescents who are blind, deaf-mute or retarded.

The State shall encourage enterprises, institutions and other segments of society to establish schools of the types prescribed by this Law, under unified administration by local people’s governments and in compliance with the basic requirements of the State.

Appropriate facilities for compulsory education must be included in the plans for construction and development of both urban and rural areas.

Article 10 The State shall not charge tuition for students receiving compulsory education.

The State shall establish a system of grants-in-aid to support the school attendance of poor students.

Artcle 11 When children have reached school age, their parents or guardians shall send them to school to receive compulsory education for the prescribed number of years.

If, on account of illness or other special circumstances, school-age children or adolescents need to postpone enrollment or be exempted from schooling, their parents or guardians shall submit an application to that effect to the local people’s government for approval.

No organization or individual shall employ school-age children or adolescents who should receive compulsory education.

Article 12 The State Council and the local people’s governments at various levels shall be responsible for raising funds for the operating expenses and capital construction investment needed for the implementation of compulsory education, and the funds must be fully guaranteed.

State appropriations for compulsory education shall increase at a faster rate than regular State revenues, and the average expenditure on education per student shall also increase steadily.

In accordance with the provisions of the State Council, the local people’s governments at various levels shall levy a surtax for education, which shall be used mainly for compulsory education.

The State shall subsidize those areas that unable to introduce compulsory education because of financial difficulties.

The State shall encourage individuals and all segments of society to make donations to help develop education.

The State shall assist areas inhabited by minority nationalities to implement compulsory education by providing them with teachers and funds.

Article 13 The State shall take measures to strengthen and develop normal schools and colleges in order to accelerate the training of teachers, so as to ensure, in a planned way, that all primary school teachers have received at least secondary normal school education and that all junior middle school teachers have received at least higher normal school education.

The State shall establish a system to test the qualifications of teachers and shall issue qualification certificates to those who pass the test.

All graduates of normal schools and colleges must engage in educational work, as required by the relevant regulations. The State shall encourage teachers to make education their long-term career.

Article 14 Teachers should be respected by the public. The state shall safeguard the teachers’ lawful rights and interests, and take measures to raise their social status and improve their material benefits. It shall reward outstanding educational workers.

Teachers should be committed to the cause of socialist education, endeavour to raise their own ideological and cultural levels as well as professional competence, show concern for their students and be devoted to their duties.

Article 15 The local people’s governments at various levels must create conditions for all school-age children and adolescents to enrol in schools and receive compulsory education. In cases where school-age children or adolescents do not enrol in school and receive compulsory education, with the exception of those who, on account of illness or other special circumstances, are allowed by the local people’s governments not to go to school, the local people’s governments shall admonish and criticize the parents or guardians of those children or adolescents, and adopt effective measures to order them to send the children or wards to school.

In cases where organizations or individuals employ school-age children or adolescents for work, the local people’s governments shall admonish and criticize them and shall order them to stop such employment. In serious cases, the offenders may be fined, ordered to suspend their business operations or have their business licences revoked.

Article 16 No organization or individual may appropriate, withhold or misuse funds earmarked for compulsory education, disrupt order in education, or occupy or damage school buildings, grounds or facilities.

It shall be forbidden to insult or assault teachers. It shall be forbidden to inflict physical punishment on students.

No one may make use of religion to engage in activities which interfere with the implementation of compulsory education.

Persons who violate the provisions of the preceding two paragraphs shall be subject to administrative sanctions or penalties depending on the circumstances. In case damage is caused, the offender shall be ordered to make compensation. If the circumstances are serious and a crime is committed, criminal responsibility shall be investigated in accordance with the law.

Article 17 The department in charge of education under the State Council shall, in accordance with this Law, formulate rules for its implementation, which shall come into force after being submitted to and approved by the State Council.

The standing committees of the people’s congresses of province, autonomous regions, and municipalities directly under the Central Government may formulate specific measures for implementation in accordance with this Law and their local conditions.

Article 18 This law shall come into force on July 1, 1986.

Adopted at the 21st Meeting of the Standing Committee of the Seventh National People’s Congress on September 4, 1991, and effective as of January 1, 1992

Contents

Chapter I General Provisions

Chapter II Protection by the Family

Chapter III Protection by the School

Chapter IV Protection by the Society

Chapter V Judicial Protection

Chapter VI Legal Responsibility

Chapter VII Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is enacted in accordance with the Constitution for the purpose of protecting the physical and mental health of minors, safeguarding their lawful rights and interests, promoting their all-round development — morally, intellectually and physically, and training them into successors to the socialist cause with lofty ideals, sound morality, better education and a good sense of discipline.

Article 2 Minors as used in this Law refer to citizens under the age of eighteen.

Article 3 The State, society, schools and families shall educate minors in ideals, morality, culture, discipline and legal system as well as in patriotism, collectivism, internationalism and communism, foster among them the social ethics of loving the motherland, the people, labour, science and socialism, and fight against the corrosive influences of bourgeois, feudal and other decadent ideologies.

Article 4 The protection of minors shall follow the following principles:

(1) safeguarding the lawful rights and interests of minors;

(2) respecting the personal dignity of minors;

(3) fitting in with the characteristics of minors’ physical and mental development; and

(4) combining education with protection.

Article 5 The State shall protect the rights of the person and property as well as other lawful rights and interests of minors from violation.

To protect minors is the common responsibility of State organs, armed forces, political parties, social organizations, enterprises and institutions, self-governing organizations of mass character at grass-roots levels in urban and rural areas, guardians of minors and other adult citizens.

Any organization or individual shall have the right to dissuade or stop any act encroaching upon the lawful rights and interests of minors, or report to or complain before a department concerned there against.

The State, society, schools and families shall educate and help minors to safeguard their lawful rights and interests by legal means.

Article 6 State organs at the central and local levels shall, within the scope of their functions and responsibilities, ensure the protection of minors.

The State Council and the people’s governments of the provinces, autonomous regions and municipalities directly under the Central Government shall adopt organizational measures according to needs to coordinate the departments concerned in their efforts to ensure the protection of minors.

The Communist Youth League organs, women’s federations, trade unions, youth federations, students’ federations, young pioneers’ organizations and other social organizations shall assist the people’s governments at various levels in ensuring the protection of minors and safeguarding their lawful rights and interests.

Article 7 The people’s governments at various levels and departments concerned shall give awards to organizations and individuals that have made outstanding achievements in the protection of minors.

Chapter II Protection by the Family

Article 8 The parents or other guardians of minors shall fulfil their responsibility of guardianship and their obligations according to law to bring up the minors. They shall not maltreat or forsake the minors, nor shall they discriminate against female or handicapped minors. Infanticide and infant-abandoning shall be forbidden.

Article 9 The parents or other guardians of minors shall respect the minors’ right to receive education, must ensure to the minors of school age the compulsory education as provided by relevant regulations, and shall not make those minors receiving compulsory education at school discontinue their schooling.

Article 10 The parents or other guardians of minors shall cultivate the minors in sound ideology and conduct by appropriate methods, guide them to undertake activities that are conducive to their physical and mental development, prevent and stop them from smoking, excessive drinking, leading a vagrant life, gambling, drug-taking or prostitution.

Article 11 The parents or other guardians of minors may not permit or force the minors to marry, nor may they undertake an engagement for the minors.

Article 12 The parents or other guardians of minors who refuse to perform their duties as guardians or encroach upon the lawful rights and interests of the minors under their guardianship shall bear the responsibility there for according to law.

Where the parents or other guardians of minors commit any act specified in the preceding paragraph and refuse to mend their ways after education, the people’s court may, upon application by the person(s) or unit(s) concerned, disqualify them as guardians and designate guardians anew in accordance with the provisions in Article 16 of the General Principles of the Civil Law.

Chapter III Protection by the School

Article 13 Schools shall comprehensively implement the State policy for education and conduct moral, intellectual, physical, aesthetic and labour education among the minor students, and give them guidance in social life as well as education in puberty knowledge.

Schools shall show concern for and take good care of the minor students; with respect to those who have shortcomings in conduct or difficulties in study, schools shall give patient education and help, and may not discriminate against them.

Article 14 Schools shall respect the minor students’ right to receive education and may not arbitrarily expel any minor students from schools.

Article 15 Teaching and administrative staff in schools and kindergartens shall respect the personal dignity of the minors, and may not enforce corporal punishment or corporal punishment in disguised forms, or any other act that humiliates the personal dignity of the minors.

Article 16 Schools may not let the minor students engage in any activity in school buildings or in any other educational and teaching facilities that are dangerous to their personal safety and health.

No organization or individual may disrupt the order of teaching in schools, occupy or damage school ground, housing and installations.

Article 17 Collective activities organized by schools and kindergartens for minor students and children, such as taking part in rallies, recreational activities and social practices, shall be conducive to the sound growth of minors; accidents endangering personal safety shall be prevented.

Article 18 In respect of minors who are sent to work-and-study schools to receive compulsory education pursuant to relevant regulations of the State, the work-and-study schools shall conduct among such minors ideological, cultural, labour skill and vocational education.

Teaching and administrative staff in work-and-study schools shall show concern for, take good care of and respect the students and may not discriminate against or detest such students.

Article 19 Kindergartens shall do a good job in nursing care and education so as to promote the harmonious development of the children in physique, intellectual ability and moral values.

Chapter IV Protection by the Society

Article 20 The State shall encourage social organizations, enterprises, institutions and other organizations and citizens to hold various forms of social activities that are conducive to the sound growth of minors.

Article 21 People’s governments at various levels shall create conditions to establish and improve places and facilities suited to the needs of minors for cultural life.

Article 22 Museums, memorial halls, scientific and technological centres, cultural centres, cinemas and theatres, stadiums and gymnasiums, zoos, parks and other similar places shall be open to secondary school students and primary school pupils on preferential basis.

Article 23 In respect of places, such as commercial dancing halls that are not appropriate for minors to take part in the activities therein, the competent departments and business managers shall take measures to ensure that no admission shall be given to minors.

Article 24 The State shall encourage units of the press, publication, broadcasting, film and television, art and literature, as well as writers, scientists, artists and other citizens to create or provide works beneficial to the sound growth of minors. The State shall render support to the publication of books, newspapers, magazines and audio-visual products specially catering to minors.

Article 25 It shall be strictly prohibited for any organization or individual to sell, rent, or disseminate by any other means to minors, books, newspapers, magazines or audio-visual products of pornography, violence, wanton killing and terror that are pernicious to minors.

Article 26 Food, toys, utensils and amusement facilities for children may not be harmful to children’s safety and health.

Article 27 No person may smoke in the classrooms, dormitories and recreational rooms of secondary and primary schools, kindergartens, as well as any other indoor places where minors gather for activities.

Article 28 No organization or individual may hire any minor under the age of sixteen, except as otherwise provided by the State.

Any organization or individual that recruits according to relevant regulations of the State minors over the age of sixteen but under eighteen shall, in respect of the types of jobs, duration of time and intensity of labour as well as protective measures, follow the relevant regulations of the State and may not assign them to any over strenuous, poisonous or harmful labour or any dangerous operation.

Article 29 In respect of minors who wander about and go begging or those who flee from their homes, the civil affairs departments or other departments concerned shall take the responsibility to send them back to their parents or other guardians; with regard to those whose parents or guardians cannot be ascertained for the time being, the welfare organizations for children established by the civil affairs departments shall accept and take care of them.

Article 30 No organization or individual may disclose the personal secrets of minors.

Article 31 No organization or individual may conceal, destroy or discard mail of any minor. Except when the inspection of mail in accordance with legal procedures by the public security organs or the people’s procuratorates is necessary for the investigation of a criminal offence, or when the opening of mail of a minor without capacity is done on his or her behalf by the parents or other guardians, no organization or individual may open mail of any minor.

Article 32 Departments of public health and schools shall provide minors with necessary sanitary and health-care conditions and make efforts to prevent diseases.

Article 33 Local people’s governments at various levels shall make efforts to develop child-care undertakings and strive to run nurseries and kindergartens well, encourage and support State organs, social organizations, enterprises and institutions as well as other sectors of society to establish nursing rooms, nurseries and kindergartens, advocate and support the establishment of household nurseries.

Article 34 Departments of public health shall, in relation to children, establish a preventive inoculation certificate system, make efforts to prevent common and frequently-occurring diseases among children, strengthen supervision and control over the prevention and treatment of infectious diseases and give more effective professional guidance to sanitation and health-care work in nurseries and kindergartens.

Article 35 People’s governments at various levels and departments concerned shall, through various forms, foster and train child-care and teaching staff in nurseries and kindergartens, and strengthen political, ideological and professional education thereto.

Article 36 The State shall protect according to law the intellectual achievements and the right of honour of minors from encroachment.

For minors who have shown unusual talent or made outstanding achievements, the State, society, families and schools shall create conditions favourable to their sound development.

Article 37 In respect of minors who have completed the prescribed length of schooling in terms of compulsory education and will not receive education at a higher level, the relevant governmental departments, social organizations, enterprises and institutions shall, in line with the actual conditions, train them in vocational skills and create conditions for their engagement in labour or employment.

Chapter V Judicial Protection

Article 38 In respect of delinquent minors, the policy of education, persuasion and redemption shall be implemented and the principle of taking education as the main method and punishment as the subsidiary shall be upheld.

Article 39 In respect of minors reaching the age of fourteen who have committed crimes but are not subject to criminal punishment because they have not yet reached the age of sixteen, their parents or other guardians shall be ordered to subject them to discipline; when necessary, such minors may also be taken in for rehabilitation by the government.

Article 40 Public security organs, people’s procuratorates and people’s courts shall, in dealing with cases involving crimes committed by minors, take their physical and mental characteristics into consideration, and may, in line with needs, set up special organs or designate special persons to handle such cases.

Public security organs, people’s procuratorates, people’s courts and reformatories for juvenile delinquents shall respect the personal dignity of the delinquent minors and safeguard their lawful rights and interests.

Article 41 Public security organs, people’s procuratorates and people’s courts shall guard minors under custody, pending trial, separately from adults under custody.

Minors who are sentenced to fixed-term imprisonment by the people’s courts shall be housed and guarded separately from adults serving their sentences.

Article 42 All cases involving crimes committed by minors over fourteen years old but under sixteen shall not be tried publicly. Cases involving crimes committed by minors over sixteen years old but under eighteen shall, in general, not be tried publicly.

With regard to cases involving crimes committed by minors, the names, home addresses and photos of such minors as well as other information which can be used to deduce who they are, may not be disclosed, before the judgment, in news reports, films, TV programmes and in any other openly circulated publications.

Article 43 The families, schools and other units concerned shall coordinate, in educating and redeeming the delinquent minors, with the reformatories for juvenile delinquents and other similar units where the delinquent minors are held.

Article 44 Minors who are exempt from prosecution by the people’s procuratorates, from criminal punishment by the people’s courts, or the execution of whose sentence is announced suspended by the people’s court, and minors who have been released from reformatory custody or have served their terms of imprisonment shall not be discriminated against in respect of resuming schooling, entering a higher school or employment.

Article 45 The people’s courts shall, in handling cases concerning inheritance, protect the minors’ right of inheritance according to law.

In handling cases of divorce, if disputes arise between the two parties concerned over the support of the minor child or children and no agreement can be reached, the people’s courts shall make judgment in accordance with the principle of safeguarding the rights and interests of the child or children and in light of the specific conditions of the two parties concerned.

Chapter VI Legal Responsibility

Article 46 Where the lawful rights and interests of a minor is infringed, the infringed or his or her guardians shall have the right to request the department concerned to deal with the matter or bring a suit in a people’s court according to law.

Article 47 Whoever has encroached upon the lawful rights and interests of a minor and caused him or her losses in property or other losses or harms shall compensate for the losses or bear other civil liabilities according to law.

Article 48 Where teaching and administrative staff in schools, nurseries or kindergartens subject minor students or children to corporal punishment or corporal punishment in disguised forms, and if the circumstances are serious, disciplinary sanctions shall be given by their units or the authorities at higher levels.

Article 49 Where enterprises, institutions or individual industrialists and businessmen illegally hire minors who have not reached the age of sixteen, the relevant labour departments shall order such units or individuals to make corrections and shall impose fines on them; if the circumstances are serious, the relevant administrative departments for industry and commerce shall revoke their business licenses.

Article 50 Where commercial dancing halls or other similar places not appropriate for minors to participate in the activities therein give admission to minors, the competent departments shall order such units to make corrections, and may impose fines on them.

Article 51 Whoever sells, rents or disseminates by any other means to minors pornographic books, newspapers, magazines or audio-visual products shall be given heavier punishment according to law.

Article 52 Where an encroachment upon the right of the person or other lawful rights of a minor constitutes a crime, criminal responsibility shall be investigated according to law.

Whoever maltreats a minor family member in a vicious manner shall be investigated for criminal responsibility in accordance with the provisions in Article 182 of the Criminal Law.

Judicial personnel who, in violation of the rules or regulations on prison management, subject imprisoned minors to corporal punishment or maltreatment, shall be investigated for criminal responsibility in accordance with the provisions in Article 189 of the Criminal Law.

Where a person has the obligation to support a minor but refuses to do so, and if the circumstances are flagrant, criminal responsibility shall be investigated in accordance with the provisions in Article 183 of the Criminal Law.

Whoever commits infanticide shall be investigated for criminal responsibility in accordance with the provisions in Article 132 of the Criminal Law.

Whoever, while fully aware of the school buildings being in danger of collapse, does not take any measures, thus resulting in the collapse of the said buildings and causing injuries or death, shall be investigated for criminal responsibility in accordance with the provisions in Article 187 of the Criminal Law.

Article 53 Whoever instigates a minor to break law or commit criminal offences shall be given heavier punishment according to law.

Whoever lures, instigates or forces a minor to take or inject drugs or engage in prostitution shall be given heavier punishment according to law.

Article 54 A party concerned, if not satisfied with the decision on administrative sanctions made according to this Law, may first apply for reconsideration to an administrative organ at a higher level or to an administrative organ prescribed by relevant laws or regulations. If still not satisfied with the reconsideration decision, the party may bring a suit in a people’s court. The party may also directly bring a suit in a people’s court. Where the relevant laws or regulations prescribe that the party concerned shall first apply to the administrative organ for reconsideration, and, if not satisfied with the reconsideration decision, then bring a suit in a people’s court, such laws or regulations shall be complied with.

If a party, within the prescribed period, neither applies for reconsideration of the decision on administrative sanctions, nor brings a suit in a people’s court, nor complies with the decision, the organ which has made the punitive decision may either apply to a people’s court for compulsory execution, or enforce the decision according to law.

Chapter VII Supplementary Provisions

Article 55 Departments concerned under the State Council may formulate on the basis of this Law relevant regulations, which shall be submitted to the State Council for approval before implementation.

The standing committees of the people’s congresses of the provinces, autonomous regions and municipalities directly under the Central Government may, on the basis of this Law, formulate measures for implementation.

Article 56 This Law shall enter into force as of January 1, 1992.

Adopted at the Third Session of the Fifth National People’s Congress on September 10, 1980, and amended in accordance with Decision Regarding the Amendment (of Marriage Law of the People’s Republic of China) passed at the 21st Session of the Standing Committee of the Ninth National People’s Congress on April 28, 2001

CONTENTS

Chapter I General Provisions

Chapter II Marriage Contract

Chapter III Family Relations

Chapter IV Divorce

Chapter V Succour Measures and Legal Liability

Chapter VI Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is the fundamental code governing marriage and family relations.

Article 2 A marriage system based on the free choice of partners, on monogamy and on equality between man and woman shall be applied.

The lawful rights and interests of women, children and old people shall be protected.

Family planning shall be practised.

Article 3 Marriage upon arbitrary decision by any third party, mercenary marriage and any other acts of interference in the freedom of marriage shall be prohibited. The exaction of money or gifts in connection with marriage shall be prohibited.

Bigamy shall be prohibited. Cohabitation of a married person with any third party shall be prohibited. Domestic violence shall be prohibited. Within the family maltreatment and desertion of one family member by another shall be prohibited.

Article 4 Husband and wife shall be faithful to and respect each other. Within the family, family members shall respect the old and cherish the young, help one another, and maintain equal, harmonious and civilized marriage and family relations.

Chapter II Marriage Contract

Article 5 Marriage must be based upon the complete willingness of both man and woman. Neither party may use compulsion on the other party and no third party may interfere.

Article 6 No marriage may be contracted before the man has reached 22 years of age and the woman 20 years of age. Late marriage and late childbirth shall be encouraged.

Article 7 No marriage may be contracted under any of the following circumstances:

(1) if the man and the woman are lineal relatives by blood, or collateral relatives by blood up to the third degree of kinship; and

(2) if the man or the woman is suffering from any disease, which is regarded by medical science as rendering a person unfit for marriage.

Article 8 Both the man and the woman desiring to contract a marriage shall register in person with the marriage registration office. If the proposed marriage is found to conform with the provisions of this Law, the couple shall be allowed to register and issued marriage certificates. The husband and wife relationship shall be established as soon as they acquire the marriage certificates. In the absence of the marriage registration, the man and the woman shall go through the procedures subsequently.

Article 9 After a marriage has been registered, the woman may become a member of the man’s family or vice versa, depending on the agreed wishes of the two parties.

Article 10 Marriage shall be invalid under any of the following circumstances:

(1) if one party commits bigamy;

(2) if the man and the woman are relatives by blood up to the third degree of kinship;

(3) if, before marriage, one party is suffering from a disease which is regarded by medical science as rendering a person unfit for marriage and, after marriage, a cure is not effected; and

(4) if the legally marriageable age is not attained.

Article 11 In the case of a marriage made under coercion, the coerced party may make a request to the marriage registration office or the people’s court for the dissolution of the marriage contract. Such a request shall be made within one year as of the marriage registration date. The party concerned whose personal freedom is curbed illegitimately shall make a request for dissolution of the marriage contract within one year as of the date on which his or her personal freedom is restored.

Article 12 Void or dissolved marriage shall be invalid from its inception. Neither party concerned shall have the rights and duties of husband or wife. The property acquired during their cohabitation shall be subject to disposition by mutual agreement. If they fail to reach an agreement, the people’s court shall give a ruling on the principle of caring for the no-fault party. The disposition of the property of void marriage caused by bigamy may not be to the detriment of the property rights and interests of the party concerned to the lawful marriage. The provisions of this Law regarding parents and children shall apply to the children born from the parties concerned.

Chapter III Family Relations

Article 13 Husband and wife shall have equal status in the family.

Article 14 Both husband and wife shall have the right to use his or her own surname and given name.

Article 15 Both husband and wife shall have the freedom to engage in production and other work, to study and to participate in social activities; neither party may restrict or interfere with the other party.

Article 16 Both husband and wife shall have the duty to practise family planning.

Article 17 The following items of property acquired by husband and wife during the period in which they are under contract of marriage shall be jointly possessed:

(1) pay and bonus;

(2) earnings from production and operation;

(3) earnings from intellectual property rights;

(4) property obtained from inheritance or gift except as provided for in Article 18 (3) of this Law; and

(5) any other items of property which shall be jointly possessed. Husband and wife shall enjoy equal rights in the disposition of their jointly possessed property.

Article 18 Any of the following items shall be husband’s or wife’s separate property:

(1) prenuptial property in his or her separate possession;

(2) expenses such as medical costs and costs of living of the disabled given to one party for his or her bodily infliction;

(3) the property going only to husband or wife, as specified in a will or a gift contract;

(4) one party’s private articles for daily use; and

(5) any other items of property which shall be in his or her separate possession.

Article 19 So far as the property acquired during the period in which they are under contract of marriage and the prenuptial property are concerned, husband and wife may agree as to whether they should be in the separate possession, joint possession or partly separate possession and partly joint possession. The agreement shall be made in writing. The provisions of Articles 17 and 18 of this Law shall apply to the absence of such an agreement or to a vague one.

The agreement reached between the husband and wife on the property acquired during the period in which they are under contract of marriage and on the prenuptial property is binding on both parties.

If husband and wife agree, as is known to the third party, to separately possess their property acquired during their marriage life, the debt owed by the husband or the wife to any other person, shall be paid off out of the property separately possessed by him or her.

Article 20 Husband and wife shall have the duty to maintain each other. If one party fails to perform this duty, the party in need of maintenance shall have the right to demand maintenance payments from the other party.

Article 21 Parents shall have the duty to bring up and educate their children; children shall have the duty to support and assist their parents.

If parents fail to perform their duty, children who are minors or who are incapable of living on their own shall have the right to demand the cost of upbringing from their parents.

If children fail to perform their duty, parents who are unable to work or have difficulties in providing for themselves shall have the right to demand support payments from their children.

Infant drowning, deserting and any other acts causing serious harm to infants and infanticide shall be prohibited.

Article 22 Children may adopt their father’s or their mother’s surname.

Article 23 Parents shall have the right and duty to subject their children who are minors to discipline and to protect them. If children who are minors cause damage to the State, the collective, or individuals, their parents shall have the duty to bear civil liability.

Article 24 Husband and wife shall have the right to inherit each other’s property.

Parents and children shall have the right to inherit each other’s property.

Article 25 Children born out of wedlock shall enjoy the same rights as children born in wedlock. No one may harm or discriminate against them.

The natural father or the natural mother who does not rear directly his or her child born out of wedlock shall bear the child’s living and educational expenses until the child can support himself or herself.

Article 26 The State shall protect lawful adoption. The relevant provisions of this Law governing the relationship between parents and children shall apply to the rights and duties in the relationship between foster parents and foster children.

The rights and duties in the relationship between a foster child and his or her natural parents shall terminate with the establishment of this adoption.

Article 27 Maltreatment or discrimination shall not be permitted between stepparents and stepchildren.

The relevant provisions in this Law governing the relationship between parents and children shall apply to the rights and duties in the relationship between stepfathers or stepmothers and their stepchildren who receive care and education from them.

Article 28 Grandparents or maternal grandparents who can afford it shall have the duty to bring up their grandchildren or maternal grandchildren who are minors and whose parents are dead or have no capacity of bringing them up. Grandchildren or maternal grandchildren who can afford it shall have the duty to support their grandparents or maternal grandparents whose children are dead or cannot afford it.

Article 29 Elder brothers or elder sisters who can afford it shall have the duty to bring up their younger brothers or sisters who are minors if their parents are dead or have no means to bring them up. Younger brothers or sisters who have been brought up by their elder brothers or elder sisters and have the means of maintenance shall have the duty to support them who are lacking in the capacity to work and in the source of income.

Article 30 Children shall have respect for their parents’ matrimonial rights and shall not interfere in their parents’ remarriage and post-nuptial life. Children’s duty to maintain their parents shall not terminate with the change in their parents’ matrimonial relationship.

Chapter IV Divorce

Article 31 Divorce shall be granted if husband and wife both desire it. Both parties shall apply to the marriage registration office for divorce. The marriage registration office, after clearly establishing that divorce is desired by both parties and that appropriate arrangements have been made for the care of any children and the disposition of property, shall issue divorce certificates.

Article 32 When one party alone desires a divorce, the organizations concerned may carry out mediation, or the party may appeal directly to a people’s court to start divorce proceedings.

In dealing with a divorce case, the people’s court should carry out mediation between the parties. Divorce shall be granted if mediation fails because mutual affection no long exists. Divorce shall be granted if mediation fails under any of the following circumstances:

(1) bigamy or, cohabitation of a married person with any third party;

(2) domestic violence or, maltreatment and desertion of one family member by another;

(3) bad habits of gamble or drug addiction which remain incorrigible despite repeated admonition;

(4) separation caused by incompatibility, which lasts two full years; and

(5) any other circumstances causing alienation of mutual affection.

Divorce shall be granted if one party is declared to be missing and the other party thereby files an action for divorce.

Article 33 If the spouse of a soldier in active military service desires a divorce, the soldier’s consent must be obtained, except that the soldier commits a serious fault.

Article 34 A husband may not apply for a divorce when his wife is pregnant or within one year after the birth of a child or within six months after pregnancy suspension. This restriction shall not apply in cases where the wife applies for a divorce, or when the people’s court deems it necessary to accept the divorce application made by the husband.

Article 35 If, after divorce, both parties desire to resume their husband-and-wife relationship, they shall register for the remarrying of each other with the marriage registration office.

Article 36 The relationship between parents and children shall not come to an end with the parents’ divorce. After divorce, whether the children are put in the custody of the father or the mother, they shall remain the children of both parents.

After divorce, both parents shall still have the right and duty to bring up and educate their children.

In principle the mother shall have the custody of a breast-fed infant after divorce. If a dispute arises between the two parties over the custody of their child who has been weaned and they fail to reach an agreement, the people’s court shall make a judgment in accordance with the rights and interests of the child and the actual conditions of both parents.

Article 37 If, after divorce, one party has been given custody of a child, the other parent shall bear part or the whole of the child’s necessary living and educational expenses. The two parties shall seek agreement regarding the amount and duration of such payment. If they fail to reach an agreement, the people’s court shall make a judgment.

The agreement or the court judgment on a child’s living and educational expenses shall not prevent the child from making a reasonable request, when necessary, to either parent for an amount exceeding what was decided upon in the said agreement or judgment.

Article 38 After divorce, the father or the mother who does not rear their children directly shall have the right to visit them, while the other party shall have the duty to give assistance.

The parents shall reach an agreement about how and when to exercise the right of visit. If they fail to reach an agreement, the people’s court shall make a judgment.

If the father or the mother visits their children to the detriment of their mental and physical health, a people’s court shall suspend the right of visit according to law; and such a right shall be restored after the main content of the suspension disappears.

Article 39 At the time of divorce, the disposition of the property in the joint possession of husband and wife is subject to agreement between the two parties. In cases where an agreement cannot be reached, the people’s court shall make a judgment in consideration of the actual circumstance of the property and on the principle of caring for the rights and interests of the wife and the child or children.

The rights and interests enjoyed by husband or wife in the operation of land under a contract based on the household shall be protected according to law.

Article 40 According to a couple’s written agreement, the items of property acquired during their marriage are in the separate possession. In this connection, if one party performs more duties in rearing their children, looking after their elders and assisting the other party in work, he or she shall have the right at the time of divorce to request compensation from the other party who shall make the compensation.

Article 41 At the time of divorce, debts incurred by the husband and wife during their marriage shall be paid off out of their jointly possessed property. If such property is insufficient to pay off the debts or, the items of the property are in the separate possession, the two parties shall work out an agreement with regard to the payment. If they fail to reach an agreement, the people’s court shall make a judgment.

Article 42 If, at the time of divorce, one party has difficulties supporting himself or herself, the other party shall render appropriate help from her or his personal property such as a dwelling house. Specific arrangements shall be made between both parties through consultation. If they fail to reach an agreement, the people’s court shall make a judgment.

Chapter V Succour Measures and Legal Liability

Article 43 In regard to the domestic violence to or maltreatment of family member(s), the victim shall have the right to make a request, and the neighborhood or villager committee as well as the units in which the parties concerned work shall dissuade the wrongdoer, and offer mediation.

In regard to the domestic violence being committed, the victim shall have the right to make a request, the neighborhood or villager committee shall dissuade the wrongdoer, and the public security organ shall stop the violence.

If, in regard to the domestic violence to or maltreatment of family member(s), the victim makes a request, the public security organ shall subject the wrongdoer to administrative penalty in accordance with the relevant provisions of administrative sanctions for public order.

Article 44 In regard to the desertion of one family member by another, the victim shall have the right to make a request, and the neighborhood or villager committee as well as the units in which the parties concerned work shall dissuade the wrongdoer and offer mediation.

If, in regard to the desertion of one family member by another, the victim makes a request, the people’s court shall pass a judgment on the effecting of maintenance, upbringing and support payments according to law.

Article 45 If bigamy, domestic violence to or maltreatment and desertion of family member(s) constitute a crime, the criminal responsibility of the wrongdoer shall be investigated according to law. The victim may institute a voluntary prosecution in a people’s court in accordance with the relevant provisions of the criminal procedure law. The public security organ shall investigate the case according to law and the people’s procuratorate shall initiate a public prosecution according to law.

Article 46 A no-fault party shall have the right to make a request for damage compensation under any of the following circumstances bringing about divorce:

(1) bigamy;

(2) cohabitation of a married person with any third party;

(3) domestic violence; and

(4) maltreatment and desertion of one family member by another.

Article 47 When the couple’s joint property is divided, the party may get smaller or no share of the property if he or she conceals, transfers, sells off, destroys the couple’s joint property, or forges debts in an attempt to convert the other party’s property at the time of divorce. After divorce, the other party, on finding the above-mentioned acts, may file an action in a people’s court, and make a request for another division of the couple’s joint property.

Regarding the acts to the prejudice of the civil litigation that are specified in the preceding paragraph, the people’s court shall subject the wrongdoer to the punishment according to the provisions of the civil procedure law.

Article 48 In cases where the person refuses to abide by judgments or rulings on maintenance, upbringing or support payments, or on the division or inheritance of property, or on visits to children, the people’s court shall enforce the execution of the judgments or rulings according to law. The individuals and units concerned shall have the duty to assist such executions.

Article 49 Where laws provide otherwise against illegal acts and for legal liability in regard to marriage and family, the provisions in such laws shall apply.

Chapter VI Supplementary Provisions

Article 50 The people’s congresses in national autonomous areas shall have the right to formulate certain adaptations in the light of the specific conditions of the local nationalities in regard to marriage and family. Provisions of adaptations formulated by autonomous prefectures and autonomous counties must be submitted to the standing committee of the people’s congress of the relevant province or autonomous region or municipality directly under the Central Government for approval. Provisions of adaptations formulated by autonomous regions must be submitted to the Standing Committee of the National People’s Congress for the record.

Article 51 This Law shall come into force as of January 1, 1981. The Marriage Law of the People’s Republic of China promulgated on May1, 1950 shall be invalidated as of the day this Law comes into force.