In fact, minor children refer to minors, which is a kind of artificial classification of people according to their age. According to relevant laws and regulations in China, they mainly refer to citizens under the age of 18. Among them, different departmental laws have been divided in more detail, mainly in three stages.
Minor children refer to citizens who have not reached the age of 18 in the legal sense.The legal meaning is that according to the household registration book, the date of birth on the ID card is the base date. Citizens who have not reached the age of 18 can be called minor children.
Detailed division
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Minor children can be divided into three stages:
1、 Under 14 years of age in legal sense.
2、 Under 16 years of age in legal sense.
3、 In the legal sense, he was 16 years old and less than 18 years old last year.
legal responsibility
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Under 14
According to the Criminal Law, under the age of 14 is the age when there is absolutely no criminal responsibility, and should not bear any criminal responsibility. According to relevant laws and regulations, if the consequences of infringing the rights and interests of others are caused, the legal guardian can be ordered to perform the obligation of discipline, or sent to the juvenile prison for management and education.
Women under the age of 14 do not enjoy sexual rights, that is, anyone who has sexual relations with a minor under the age of 14 for any reason or with the consent of the parties will be sentenced to rape in the final judgment.
The Labor Law stipulates that citizens under the age of 16 are defined as child labor, and it is illegal for any manufacturer to employ child labor.[1]
14-16 years old
According to the Criminal Law, those who have reached the age of 14 and those who have not reached the age of 16 are part of the age of criminal responsibility and should bear part of the responsibility, and the other part should be borne by their guardians.If serious consequences are caused, according to the Law on Administrative Penalties for Public Security, their guardians may be ordered to discipline them severely, or they may be sent to a juvenile detention center for management, help and education, or be sentenced appropriately.
As mentioned above, all enterprises or other units shall not employ children under the age of 16 to work, otherwise it is illegal.
16-18 years old
According to the provisions of the Criminal Law, those who have reached the age of 16 and those who have not reached the age of 18 belong to the age of main criminal responsibility and should bear the main responsibility. Other responsibilities, such as economic responsibility, are mainly borne by guardians with financial ability. Appropriate adjustments can be made in sentencing and choice of punishment.
The Labor Law stipulates that those who have reached the age of 16 but not the age of 18 are defined as underage workers and can be legally employed.
The General Principles of the Civil Law stipulates that citizens over the age of 16 but under the age of 18 who rely on their own labor income as their main source of income are regarded as persons with full capacity for civil conduct.
