Law

What are the new changes in the provisions related to minors in the first major revision of the Public Security Administration Punishment Law

2025-07-01   

This revision introduces new changes: For those aged 14-16 and 16-18 who have violated public security management for the first time but the circumstances are serious and the impact is severe, or for those aged 14-16 who have violated public security management twice or more within one year, detention may be carried out in accordance with the law. For those who commit student bullying through beating, humiliation, intimidation, etc., the public security organs shall handle it in accordance with the law; For the related violations of public security management involving the damage to the rights and interests of minors, it is clearly stipulated that they should be given heavier punishment. For minors who do not receive public security punishment because they are not old enough, or who do not carry out detention, the public security organs should take corresponding corrective education and other measures in accordance with the provisions of the Law on the Prevention of Juvenile Delinquency, and further emphasize that even if they do not bear criminal responsibility and administrative responsibility for minors who commit crimes, they should also take corresponding corrective education and other measures in accordance with the law. On the morning of June 27, the 16th meeting of the Standing Committee of the 14th National People's Congress voted to adopt the newly revised Public Security Management Punishment Law, which will be implemented from January 1, 2026. This is the first major revision of the Public Security Administration Punishment Law since its implementation in 2006. After three rounds of deliberation and incorporating 120000 social opinions, the revision was passed with a high vote. The newly revised Public Security Administration Punishment Law consists of 6 chapters and 144 articles, with many highlights. "This revision of the Law on Administrative Penalties for Public Security implements the requirements of the CPC Central Committee, and further improves the relevant provisions on public security management for minors in accordance with the principle of combining education with punishment," said the head of the Criminal Law Office of the Law Working Committee of the Standing Committee of the National People's Congress. The current Public Security Administration Punishment Law stipulates that administrative detention shall not be imposed on minors aged 14-16 and 16-18 who violate public security administration for the first time. This regulation, supplemented by the educational and corrective measures stipulated in the Law on the Prevention of Juvenile Delinquency, is conducive to avoiding 'cross infection' in detention centers and helping minors repent and reform. However, in practice, some minors intentionally use their identity as minors to violate public security management multiple times and are arrested multiple times without correction. Some of the illegal circumstances are serious and have strong social reactions. ”The head of the Criminal Law Office of the Law Working Committee of the Standing Committee of the National People's Congress introduced that juvenile delinquency should not be simply "closed" or "let go". This amendment stipulates that for those aged 14-16 and 16-18 who have violated public security management for the first time but the circumstances are serious and the impact is severe, or for those aged 14-16 who have violated public security management twice or more within one year, detention may be carried out in accordance with the law. In this regard, Tie Ning, Vice Chairman of the Standing Committee of the National People's Congress, believes that the regulations "have both strict standards and warm temperatures". The regulations not only continue the legislative intention of protecting minors and humanitarianism, but also leave room to avoid a one size fits all approach to detention based on age, and to avoid sending the wrong signal that the law is not responsible for the young and the law is not responsible for the elderly, "said Tie Ning. Preventing campus bullying, strengthening the protection of specific places, and effectively addressing campus bullying in accordance with the law have long received widespread attention from all sectors of society. The newly revised Law on Public Security Administration Punishments has added provisions that public security organs shall handle student bullying by beating, insulting, intimidating and other means in accordance with the law; Clear provisions shall be made to impose heavier penalties on relevant violations of public security management that involve harm to the rights and interests of minors. At the same time, it is stipulated that if schools fail to report or handle serious student bullying or other crimes that harm underage students in accordance with regulations, they shall be ordered to make corrections, and it is recommended that relevant departments punish the responsible personnel in accordance with the law. The person in charge of the Criminal Law Office of the Law Working Committee of the Standing Committee of the National People's Congress said: "This regulation can better play the role of public security organs and schools in coordinating the management of student bullying." The law on public security management and punishment protects minors more than that. In terms of improving the procedures for handling cases involving minors, this revision adds provisions to inquire about minors who violate public security management. If their guardians cannot be present, other suitable adults can be notified to be present; Notify the guardian and listen to their opinions before making a penalty decision; Minors who have been decided to be detained may apply for a hearing. In order to better protect minors and purify the environment for their growth, in response to the practice of organizing and coercing minors to engage in paid companionship such as drinking and singing in some bars, karaoke bars, and other business premises, regulations have been added to provide security penalties for organizing and coercing minors to engage in paid companionship. Tan Tianxing, a member of the Standing Committee of the National People's Congress, felt that the Law on Administrative Penalties for Public Security has strengthened the protection of minors, fully reflected the respect and protection of human rights, reflected the spirit of "punishment is legal and excessive punishment is equal", and improved the level of public security legalization. The newly revised Law on Public Security Administration Punishments focuses on the connection with the Law on the Prevention of Juvenile Delinquency to promote the legal operation of specialized correctional education. This revision stipulates that for minors who are not subject to public security penalties or detention due to being under age, public security organs shall take corresponding corrective and educational measures in accordance with the provisions of the Law on the Prevention of Juvenile Delinquency. It further emphasizes that even if minors who violate the law and commit crimes do not bear criminal or administrative responsibilities, corresponding corrective and educational measures should be taken in accordance with the law. Li Jiheng, a member of the Standing Committee of the National People's Congress, agreed: "This regulation fully reflects the principle of" education first, punishment second "for minors, helps to prevent minors from sliding into the abyss of crime, and corrects minors' violations and crimes in a way that is" most conducive to the healthy growth of minors. "At the same time, it further clarifies the responsibilities of public security organs in specialized correction education, helps to promote the rule of law operation of specialized correction education, and protects the healthy growth of minors." During group deliberations, many members expressed concern about the legal atmosphere of "strict control and love" for minors. Xiao Jie, Vice Chairman of the Standing Committee of the National People's Congress, said: "It is recommended that relevant parties strengthen cooperation and cooperation, and further strengthen the prevention and treatment of juvenile delinquency while continuing to do a good job of legal publicity and education for minors." (Le News Agency)

Edit:XieYing Responsible editor:ZhangYang

Source:news.cctv.com

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