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Legal analysis: In early November 2017, the ** of the teacher beating the child in the Ctrip Parent-Child Kindergarten circulated on the Internet, showing that in addition to beating the child, the teacher also forcibly fed the child suspected mustard. Changning** Yu was criminally detained on suspicion of abusing the guardian and caretaker of three staff members of Ctrip Parent-Child Park in accordance with the law; On the 13th, on suspicion of abusing the guardian and caretaker, Zheng, the actual person in charge of Ctrip Parent-Child Park, was criminally detained in accordance with the law.
On November 15, 2017, the Shanghai Municipal Working Committee on Women and Children determined that this was a serious incident that seriously harmed children. On the evening of November 16, Ctrip CEO Sun Jie made a final announcement that the two vice presidents of the human resources department were dismissed. On December 13, the Changning District People's Procuratorate approved the arrest of Zheng, Wu, Zhou, Tang, and Shen, staff members of Ctrip Parent-Child Park, on suspicion of abusing the caretaker.
On March 26, 2018, the Shanghai Changning District People's Procuratorate prosecuted eight defendants, including Zheng, a staff member of Ctrip Parent-Child Park, on suspicion of abusing the person under their care. On September 26, 2018, the Shanghai Changning District People's Court openly tried the child abuse case of Ctrip Parent-Child Kindergarten in accordance with the law, and the eight defendants pleaded guilty and repented in court. At 2 p.m. on November 27, 2018, the Shanghai Changning District People's Court announced the verdict of the first-instance verdict in the child abuse case of Ctrip Parent-Child Garden.
All eight defendants were sentenced for the crime of ill-treatment of a person in their care. The Criminal Law of the People's Republic of China stipulates that anyone who commits this crime shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.
Where conduct in the first paragraph simultaneously constitutes another crime, follow the provisions for the heavier punishment at trial and sentencing.
Legal basis: Article 260-1 of the Criminal Law of the People's Republic of China Where a person with guardianship or care duties against a minor, the elderly, a sick person, a disabled person, or other person with guardianship or care abuses a person under guardianship or care, and the circumstances are heinous, a sentence of up to three years imprisonment or short-term detention in the hunger hall is to be given.
Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other persons directly responsible for being promoted to blind are to be punished in accordance with the provisions of the preceding paragraph.
Where conduct in the first paragraph simultaneously constitutes another crime, follow the provisions for the heavier punishment at trial and sentencing.
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Legal analysis: The verdict of the child abuse case in Ctrip's parent-child kindergarten is as follows:
1. Defendant Zheng Yan committed the crime of abusing the person under her care and was sentenced to one year and six months imprisonment.
The term of imprisonment shall be calculated from the date of execution of the sentence. Where a person is detained before the judgment is enforced, the sentence is to be reduced by one day for each day of detention, i.e., from November 12, 2017 to May 11, 2019).
2. Defendant Liang Shuo committed the crime of abusing the person under his care and was sentenced to one year and two months imprisonment.
The term of imprisonment is calculated from the date of execution of the sentence. Where a person is detained before the judgment is enforced, the sentence is to be deducted for one burning day for each day of detention, i.e., from December 20, 2017 to February 19, 2019).
3. Defendant Wu Wei committed the crime of abusing the person under his care and was sentenced to one year and two months imprisonment with a suspended sentence of one year and six months.
The probationary period of a suspended sentence is calculated from the date on which the judgment is determined).
4. Defendant Liao Hongxia committed the crime of abusing the person under her care and was sentenced to one year and one month imprisonment with a suspended sentence of one year and six months.
The probationary period of a suspended sentence is calculated from the date on which the judgment is determined).
5. Defendant Tang Ying committed the crime of abusing the person under her care and was sentenced to one year and two months imprisonment.
The term of imprisonment is calculated from the date of execution of the sentence. Where a person is detained before the judgment is enforced, one day of the sentence is to be deducted for each day of detention, that is, from November 8, 2017 to January 7, 2019).
6. Defendant Zhou Gaolan committed the crime of abusing the person under her care and was sentenced to one year and two months imprisonment with a suspended sentence of one year and six months.
The probationary period of a suspended sentence is calculated from the date on which the judgment is determined).
7. Defendant Shen Chunxia committed the crime of abusing the person under her care and was sentenced to one year and one month imprisonment with a suspended sentence of one year and six months.
The probationary period of a suspended sentence is calculated from the date on which the judgment is determined).
8. Defendant Ji Lan committed the crime of abusing the person under her care and was sentenced to one year imprisonment with a one-year probation.
Legal basis: "Zheng Yan, Liang Shuo et al. Abused Guardians and Caretakers Criminal Verdict of First Instance (2018) Hu 0105 Xingchu No. 239".
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Summary. Hello, the child abuse case of Shanghai Ctrip Parent-Child Kindergarten violates the right of children's personal rights. In this case, three kindergarten teachers from Ctrip Parent-Child Kindergarten deliberately pushed down and bumped the children, and forcibly poured mustard into the children, which was cruel and had seriously violated the personal rights of the child victim, and the circumstances were heinous, and they were already suspected of the crime of abusing the guardian and caretaker.
Different from the crime of abuse, this crime is a public prosecution case, which is initiated by the procuratorate, and the parents and other guardians of the child victim do not have to sue the employees involved in the case, but can file a civil tort lawsuit against the employees involved in the case and the parent-child kindergarten management party on behalf of their own children, echoing the criminal means, and asserting rights from a civil perspective, so as to protect the legitimate rights of the child to the greatest extent.
Hello, the child abuse case of Shanghai Ctrip Parent-Child Kindergarten violates the right of children's personal rights. In this case, three kindergarten teachers from Ctrip Parent-Child Kindergarten deliberately pushed down and bumped the children, and forcibly poured mustard into the children, which was cruel and had seriously violated the personal rights of the child victim, and the circumstances were heinous, and they were already suspected of the crime of abusing the guardian and caretaker. The parents and other guardians of the child victims do not have to sue the employees involved in the case, but can file a civil tort lawsuit against the employees involved in the case and the management of the parent-child kindergarten on behalf of their own children, echoing the criminal means and claiming rights from a civil perspective, so as to protect the child's right to celebrate the law to the greatest extent.
From the national level, the social level, the kindergarten level.
Hello Qing Stool, at the national level: violated the relevant national laws and regulations. Social level: disrupting social security and social order. Kindergarten level: Trembling disrupts the peace and rules that the kindergarten should have.
There is also a level of its own.
What is it. Hello, at the level of oneself; It has brought about a bad social atmosphere for individuals.
How about this question.
Hello, can you shoot the ** right, you can't see it.
Hello, the main body of responsibility of the hardship group is Xiaohui, and the judgment is based on the organ damage, dysfunction and dependence on medical treatment and daily life care of the disabled person caused by work-related injuries in the technical appraisal of the disability level, and due consideration of the influence of social and psychological factors caused by disability, and the comprehensive judgment and grading of the degree of disability. There are still loopholes in the supervision and management of kindergartens, and the relevant departments need to make up for the loopholes: the kindergartens are full of children, and there are some teachers, which are the basic personnel of the kindergarten, and there are also some security workers.
Since children are not capable of self-protection, they need to be watched by teachers and security guards at all times.
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For every family, childcare needs to occupy a huge share of economic, mental, and time. It's easy to have a baby, but it's hard to raise a baby. It is to help solve this problem that Ctrip Family Garden will be proposed, planned and implemented.
Therefore, for Ctrip's employees, the launch of the parent-child garden is gratifying, which can help them reconcile work and family relationships well. Long before the opening of the parent-child garden, Shanghai Benbu** once described the scene after the opening of the Ctrip parent-child garden: "White-collar parents are typing keyboards in the office, while the baby is singing songs and playing games on the floor near you......"What a wonderful thing!
Looking back on this description now, it is inevitable that it is too ironic.
However, Ctrip does have some responsibility, as Shi Qi, vice president of Ctrip, said, the main responsibility of Ctrip lies in regulatory negligence. The main problem is that there is serious negligence on the part of the day-to-day management of Ctrip. It is reported that Ctrip Parent-Child Kindergarten is the first batch of pilot projects of Shanghai's first-class practical project "Public Childcare Service" in 2017.
Ctrip entrusts the "For Children Academy" under the Shanghai Modern Family magazine to provide daily care services. It is worth pointing out that the Shanghai Women's Federation owns 100% of the equity of Modern Family magazine, that is to say, Ctrip cooperates with the kindergarten management agency of a wholly-owned holding company of the ** department.
There seems nothing wrong with the fact that the company pays for it, the professional institutions under the company contribute, the Ctrip employees get convenience, and the people do practical things. However, according to the person in charge, before Ctrip Parent-Child Garden, "For Children Academy" had no experience in operating kindergartens or early childhood education management institutions, and only had experience in serving and expanding in community centers. The person in charge of the education bureau of Changning District, Shanghai, also said that the nursery school has not been registered with the education department, and is not a formal educational institution, but a childcare point for the children of Ctrip's internal employees, and the work is guided by the Women's Federation, and the education department will only assist if there is a need for teacher training.
On the one hand, Ctrip had twists and turns all the way and failed to obtain the qualification to run a school, and finally the Women's Federation intervened, but it was brought into the service organization of the Women's Federation Holding Magazine, and finally the management level of this institution is obvious to all. So,The most questionable point is why it is so difficult to obtain the qualifications of enterprises to run schools in the difficulty of ensuring infant and toddler care services, and why daycare institutions with no management experience can enter Ctrip parent-child kindergartens。From a constructive point of view, it is necessary for the education, health, and women's federation departments to give a clearer response, how to promote qualified enterprises to run kindergartens, and how to determine the standards and implementation of the kindergarten education industry.
While the tragedy of child abuse at Ctrip needs to be thoroughly investigated, the public policy issues reflected by it need to be investigated.
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If it constitutes a minor injury or more, the teacher shall be investigated for criminal responsibility and suspected of the crime of intentional injury. Kindergarten did not fulfill its educational and management responsibilities, should be held responsible. Article 38 of the Tort Liability Law of the People's Republic of China provides that if a person without capacity for civil conduct suffers personal injury during his or her study or life in a kindergarten, school or other educational institution, the kindergarten
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"Raising young children" has a long way to go.
Just as the spirit of the 19th National Congress of the Communist Party of China is in full swing across 9.6 million square kilometers of land, and when the people feel the warmth of the "seven haves" livelihood goal in early winter, the Shanghai Ctrip parent-child garden incident is like a thunderbolt in the clear sky, an explosion, let us see the urgency and urgency of "early education", and let us see that there is a long way to go to achieve this beautiful goal.
The Ctrip parent-child garden incident is still fermenting, and Dongfeng Jun has endured it for a long time and does not vomit or be unhappy.
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I think on the one hand, he is buying people's hearts and showing them to those who follow him; On the one hand, there is no way, the escape route of the people coincides with him, the road in ancient times was very small, and basically a group of people squeezed it and blocked it; In addition, it cannot be ruled out that Liu Bei will use this group of people as a shield or a bargaining chip at a critical moment, because in ancient times, population was the largest resource, you look at those ancient war themes, every time they fight, all resources are snatched up, including population.
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According to the Shanghai Women's Federation, the handling of the incident is as follows: Handling relevant personnel: The park has verified the incident with the parties and related personnel, and fired 4 relevant personnel, including the principal; Actively communicate with parents and apologize:
The kindergarten actively communicates with parents, apologizes, fully cooperates with parents, and cares for the physical and mental health of children; Strengthen the management of the park: The park has strengthened the education of teacher ethics and safety awareness for all personnel in the park, sounded the alarm bell, took it as a warning, and put an end to such incidents, and the parent-child park was closed for rectification from November 9, 2017.
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Yesterday (9th), Ctrip responded to the matter that on January 27, 2016, the Elder Women's Federation visited the company and took the initiative to undertake the project. In addition, the note states that Ctrip will work with parents to hold the kindergarten accountable.
Why has it been a long time since the situation of the children in the parent-child kindergarten has been discovered? Ctrip: The information gap is not smooth.
In response to the delay in discovering the situation of the NUE children in the parent-child kindergarten, Ctrip admitted that during the period from November 3 to the morning of November 7, the information communication was not smooth, the internal response was not fast, the communication with the employees was not in a timely manner, and the public was not disclosed in a timely manner.
Regarding the development of this matter, it is explained that before, the parents of the children had feedback that the parent-child garden may have problems with their children, and had personally asked the teachers of the parent-child garden about the relevant situation, but was pushed by the director of the kindergarten for various reasons, and the person in charge of the Ctrip parent-child garden project did not give feedback to the company in time.
Bad teachers are punished severely.
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