China’s Revised Public Security Administration Punishment Law

China’s Revised Public Security Administration Punishment Law Lowers Age for Minor Detention to 14

On June 27, 2025, the 16th session of the Standing Committee of the 14th National People’s Congress voted to adopt the newly revised Public Security Administration Punishment Law, which will come into effect on January 1, 2026.

A significant and highly anticipated amendment in this revision is the lowering of the age for detaining minors in specific circumstances to 14 years old. This means that minors aged 14 but under 18, if they commit certain illegal acts stipulated by the Public Security Administration Punishment Law, may face administrative detention.

China’s Revised Public Security Administration Punishment Law Lowers Age for Minor Detention to 14

On June 27, 2025, the 16th session of the Standing Committee of the 14th National People’s Congress voted to adopt the newly revised Public Security Administration Punishment Law, which will come into effect on January 1, 2026.

A significant and highly anticipated amendment in this revision is the lowering of the age for detaining minors in specific circumstances to 14 years old. This means that minors aged 14 but under 18, if they commit certain illegal acts stipulated by the Public Security Administration Punishment Law, may face administrative detention.

Revision Background and Controversy

This revision aims to adapt to new situations and problems in social development, better maintain public security, and protect citizens’ legitimate rights and interests. However, lowering the age for minor detention to 14 had previously sparked widespread discussion and controversy in society.

Supporters argue that this move will help to:

Curb low-age crime and minor illegal acts: In recent years, cases of severe illegal and criminal acts committed by young minors have attracted widespread public attention, with existing laws seen as insufficient in their deterrence. Lowering the detention age helps to fill this gap and enhance the deterrent effect of the law.

Education and correction: Through appropriate administrative detention, minors who commit illegal acts can promptly recognize their mistakes, receive education and correction, and prevent them from going further astray.

Respond to social concerns: This move also responds to public calls for strengthening the punishment of illegal acts by minors.

Opponents and those with concerns primarily focus on:

Impact on minors’ physical and mental health: Premature administrative detention may have negative impacts on minors’ physical and mental health, potentially even leading them deeper into crime.

Lack of alternative educational measures: Concerns exist about whether sufficient and comprehensive alternative measures, primarily focused on education and correction, are in place alongside the lowered detention age to ensure minors receive effective help rather than simple punishment.

Preventing “detain and forget”: There are worries that administrative detention might become a simple “detain and forget” approach, lacking follow-up psychological counseling, educational correction, and reintegration support.

Impact of the Law’s Implementation

After the implementation of the new Public Security Administration Punishment Law, the following impacts are anticipated:

– Regulation of minor illegal acts will become stricter, especially for those with severe circumstances or who are repeat offenders at a young age.

– Law enforcement agencies will have greater discretion in handling cases involving minors, while also needing to pay more attention to protecting minors’ rights and considering their unique circumstances.

– The responsibility of various sectors of society, particularly families, schools, and communities, in guiding and educating minors will become more prominent.

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