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Anonymous users2024-02-11I found the first case of judicialization of the Chinese Constitution, the case of Qi Yuling.
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Anonymous users2024-02-10Qi Yuling (formerly known as Qi Yuling) and Chen Xiaoqi are both 1990 junior high school graduates of Tengzhou No. 8 Middle School. In that year, Chen Xiaoqi was eliminated in the secondary school pre-selection examination, while Qi Yuling passed the pre-selection examination and obtained the qualification to apply for the unified recruitment and commission training, and was admitted as a commission trainee by the finance and accounting major of Jining Business School in the same year. Unexpectedly, because Tengzhou No. 8 Middle School did not notify Qi Yuling of this result, Chen Xiaoqi, under the planning of his father Chen Kezheng, received this admission notice and entered Jining Business School in the name of "Qi Yuling", and after graduation, he was assigned to work in the Tengzhou branch of the Bank of China in the name of Qi Yuling.
At present, Chen Xiaoqi's name on the personnel file and payslip is still "Qi Yuling", and "Chen Xiaoqi" is only the name used in her household registration. Due to being impersonated by Chen Xiaoqi, Qi Yuling's fate changed dramatically. After the high school entrance examination that year, she participated in the repetition, and failed the high school entrance examination the next year.
In 1993, after she paid 6,000 yuan for urban capacity increase, she changed to a non-agricultural hukou, and in August of the same year, she went to study at Zou Cheng Labor Technical School, and three years later was assigned to work in Shandong Lunan Ferroalloy General Factory, and since July 1998, she has been laid off for a considerable period of time. In February 1999, after learning the truth, Qi Yuling sued Chen Xiaoqi, Chen Kezheng, Jining Commercial School, Tengzhou No. 8 Middle School, and Tengzhou Municipal Education Commission for infringing on their right to name and education. The Shandong Provincial High People's Court found in the second instance that Qi Yuling's right to education had indeed been violated, but the right to education was a constitutional right of citizens, not a civil right.
In order to effectively safeguard the legitimate rights of the parties, the Shandong Provincial High People's Court specifically requested instructions from the Supreme People's Court on whether the case violated citizens' right to education. The Supreme People's Court recently issued a public announcement to make a judicial interpretation in response to this request, clearly pointing out that, according to the facts of this case, Chen Xiaoqi and others violated Qi Yuling's basic right to education in accordance with the provisions of the Constitution by infringing on the right to a name, and caused specific harmful consequences, and should bear corresponding civil liability.
In accordance with the law, the Shandong Provincial High Court recently made a final judgment in this case: Chen Xiaoqi stopped infringing on Qi Yuling's right to name; Chen Xiaoqi and others apologized to Qi Yuling; and compensated Qi Yuling for direct and indirect economic losses of more than 480,000 yuan and 50,000 yuan for moral damages caused by the infringement of her right to education.
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Anonymous users2024-02-09Method 1: Seek help from teachers, schools, and parents. Method 2:
Seek help from the educational administration. Method 3: Seek help from the civil affairs department of the Women's Federation.
Method 4: Seek legal help. Filing a lawsuit with the court to protect your right to education in accordance with the law.
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Anonymous users2024-02-081. Appeal to the education department.
2. File an administrative lawsuit.
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Anonymous users2024-02-07Qi Yuling's case.
Qi Yuling and one of the defendants, Chen Xiaoqi, are both students at the No. 8 Middle School in Tengzhou City, Shandong Province. In the 1990 secondary school examination, Qi Yuling was admitted to Jining Commercial School in Shandong Province, and Chen Xiaoqi was eliminated in the preliminary examination, but under the planning of Chen Kezheng, secretary of the Party branch of Chen's father's original village, he received an admission notice from Jining Commercial School to Qi Yuling from Tengzhou No. 8 Middle School, impersonated him to enroll, and was assigned to work in Tengzhou Branch of Bank of China in Shandong Province after graduation.
On January 29, 1999, Qi Yuling, who learned the truth, sued Chen Xiaoqi, Jining City Commercial School, Tengzhou City No. 8 Middle School, and Tengzhou City Education Commission for violating her rights to name and education, demanding that the infringement be stopped, apologize, and compensate for economic losses of 160,000 yuan and mental losses of 400,000 yuan. On August 13, 2001, the Supreme People's Court found that "Chen Xiaoqi et al. violated Qi Yuling's basic right to education in accordance with the provisions of the Constitution by infringing on the right to a name, and caused specific harmful consequences, and should bear corresponding civil liability." "On August 24, 2001, the Shandong Provincial High People's Court rendered a second-instance judgment on the basis of the reply of the Supreme People's Court
Chen Xiaoqi stopped infringing on Qi Yuling's right to her name; Qi Yuling received 48,045 yuan in compensation for economic losses and 50,000 yuan in compensation for moral damages due to the violation of her right to education.
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Anonymous users2024-02-06Provide **, the education department to protect the rights and interests.
Compulsory Education Act.
Article 4: All school-age children and adolescents with the nationality of the People's Republic of China, regardless of gender, ethnicity, race, family property status, religious belief, and so forth, enjoy the right to receive compulsory education on an equal footing in accordance with law, and perform the obligation to receive compulsory education.
Article 5: All levels of people** and their relevant departments shall perform all duties provided for in this Law, and ensure the right of school-age children and adolescents to receive compulsory education.
The parents or other legally-designated guardians of school-age children and adolescents shall ensure that they are enrolled in school on time and receive and complete compulsory education.
Schools that lawfully implement compulsory education shall complete education and teaching tasks in accordance with the standards provided, and ensure the quality of education and teaching.
Social organizations and individuals shall create a positive environment for school-age children and adolescents to receive compulsory education.
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Anonymous users2024-02-05Hello, you can file a complaint with the education administrative department, and you can also solve it through legal channels.
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