Is it illegal to open a hotel with a minor?

It depends on the age of minors and the nature and content of hotel services.

I. legal age and capacity of conduct of minors

According to the provisions of the Civil Code of the People's Republic of China, natural persons under the age of 18 are minors. Among them, minors under the age of eight are persons without capacity for civil conduct and need to be represented by their legal representatives (usually parents or guardians) to carry out civil legal acts. Minors over the age of eight and under the age of eighteen belong to persons with limited capacity for civil conduct. They can independently carry out civil legal acts within a certain range, but acts beyond this range still need the consent or ratification of legal representatives.

second, the nature and content of hotel services

hotels provide a wide range of services, from simple accommodation services to comprehensive services including entertainment and catering. For minors, it may be illegal to bring minors into such hotels if the hotel services involve contents that are not suitable for minors, such as adult entertainment programs and alcoholic drinks.

iii. responsibilities and obligations of guardians

guardians' guardianship duties for minors include protecting their physical and mental health and safeguarding their legitimate rights and interests. Therefore, guardians should ensure the legality and suitability of hotel services when taking minors to open hotels, and avoid exposing minors to inappropriate content. At the same time, guardians should also pay attention to the safety of minors during their stay in the hotel to prevent accidents.

iv. Consequences of illegal acts

If the act of opening a hotel with minors violates relevant laws and regulations, it may face administrative punishment or civil compensation. For example, hotels may be punished by relevant departments for providing services that are not suitable for minors; The guardian may bear legal responsibility for failing to perform his guardianship duties.

To sum up:

Whether it is illegal to open a hotel with a minor needs to be comprehensively judged according to the age of the minor, the nature and content of the hotel service and the responsibilities and obligations of the guardian. When taking a minor to open a hotel, the guardian should ensure the legality and appropriateness of the hotel service and avoid illegal acts. At the same time, hoteliers should also strictly abide by relevant laws and regulations to ensure that the services provided meet the physical and mental health needs of minors.

Legal basis:

Article 17 of the Civil Code of the People's Republic of China

stipulates:

Natural persons over the age of 18 are adults. Natural persons under the age of eighteen are minors.

Article 19 of the Civil Code of the People's Republic of China

stipulates:

Minors over the age of eight are persons with limited capacity for civil conduct, and they are represented by their legal representatives or approved and ratified by their legal representatives; However, civil juristic acts that are purely beneficial or that are suitable for their age and intelligence can be independently implemented.

Article 55 of the Law of the People's Republic of China on the Protection of Minors

stipulates:

The production and sale of food, medicines, toys, utensils, games and recreational facilities for minors shall conform to national or industrial standards and shall not endanger the personal safety and physical and mental health of minors. The producers of the above-mentioned products shall indicate the precautions in a prominent position, and those without the precautions shall not be sold.