Penalties for access to education 5

Except as otherwise provided by laws and regulations, the organ that implements administrative punishments for education must be the administrative department for education of the people's ** at or above the county level. The administrative departments for education may entrust organizations that comply with the provisions of the "Administrative Punishment Law of the People's Republic of China" to carry out punishments. The entrusted organization shall make a penalty decision in the name of the entrusted administrative department for education; The entrusted administrative departments for education shall supervise the conduct of the entrusted organization to carry out punishments, and bear legal responsibility for the consequences of their punishments.

Where the administrative departments for education entrust the implementation of punishments, they shall sign a "Power of Attorney for Educational Administrative Punishments" with the entrusted organization, and provide for the rights and obligations of both parties to carry out punishments in the "Letter of Authorization for Educational Administrative Punishments" in accordance with law. Administrative punishments for education are under the jurisdiction of the administrative departments for education at the place where the illegal conduct occurred. In cases where a punishment is given for the revocation of a school or other educational institution, the administrative department for education that approved the establishment of the school or other educational institution has jurisdiction.

The administrative departments for education have jurisdiction over the following punishment cases: cases in which they shall revoke schools of higher learning or other educational institutions; Cases in which they should have their teaching qualifications revoked; Major and complex cases nationwide, as well as punishment cases under the jurisdiction of education laws and regulations. When the administrative department for education at the level above finds it necessary, it may refer the punishment case within the jurisdiction of the administrative department for education at the level below to that department for handling; Where the administrative department for education at the level below finds that the punishment case under its jurisdiction is major, complex, or beyond the scope of the department's authority, it shall be reported to the administrative department for education at the level above for handling.

Where two or more administrative departments for education have jurisdiction over the same illegal conduct, the administrative department for education that files the case first has jurisdiction; Where it is more appropriate for the administrative department for education for the area where the major illegal conduct occurred, it may be transferred to the administrative department for education for the place where the main illegal conduct occurred. Where the administrative departments for education discover that administrative punishment cases that are being handled should also be punished by other competent administrative organs, they shall report the situation to the relevant administrative organs, transfer materials, and negotiate opinions; Where a crime is constituted, it shall first be transferred to the judicial organs for investigation of criminal responsibility in accordance with law.

Extended information: In addition to the punishment cases under the jurisdiction of the education administrative department, the jurisdiction over the punishment cases of other levels and types of schools or other educational institutions and their internal personnel is:

1) Punishment for institutions of higher learning or other institutions of higher education and their internal personnel, for the provincial people's ** education administrative department;

2) The punishment of secondary schools or other secondary educational institutions and their internal personnel shall be the people's ** education administrative department at the provincial or prefecture or districted city level;

C) the implementation of compulsory education below the primary secondary level of schools or other educational institutions, kindergartens and their internal personnel of the punishment, for the county, district-level people's education administrative departments.

Legal basis: Article 1 of the "Interim Implementation Measures for Administrative Punishments in Education" is formulated in accordance with relevant laws and administrative regulations in order to regulate the conduct of administrative punishments in education, to ensure and supervise the effective implementation of educational administrative management by the administrative departments of education, and to protect the lawful rights and interests of citizens, legal persons and other organizations.

Legal Analysis: The Education Law stipulates on corporal punishment: 1. Where teachers at all levels and types of schools and other educational organizations physically punish students, and do not change after education, the school, other educational organizations, or education departments shall give administrative punishments or dismissals respectively in accordance with the current management authority of teachers.

2. Where a teacher beats or corporal punishment of a student, and the circumstances are relatively minor, the school or education department is to give a disciplinary sanction. 3. Where a teacher beats or physically punishes a student, and the circumstances are serious, the public security organ shall give a public security administrative punishment (such as fines, detention, etc.) in addition to disciplinary sanctions from the school or education department;

Legal basis: "Teachers Law of the People's Republic of China" Article 37: In any of the following circumstances, the school, other educational institutions, or administrative departments for education shall give administrative sanctions or dismissals: (1) Intentionally failing to complete education and teaching tasks and causing losses to education and teaching work; (2) Corporal punishment of students, who do not change after education; (3) Bad conduct, insulting students, and having a bad impact.

Where teachers have any of the circumstances listed in items (2) and (3) of the preceding paragraph, and the circumstances are serious and constitute a crime, criminal responsibility is pursued in accordance with law.

Article 29 of the Education Law Schools and other educational institutions shall perform the following obligations:

3) Safeguarding the lawful rights and interests of the educated, teachers, and other staff;

Fines on students are an offense. The Education Law stipulates that schools and other educational institutions shall fulfill the obligation to "safeguard the legitimate rights and interests of the educated, teachers and other employees". The legitimate rights and interests of students include students' property rights, and the acts of schools and teachers that infringe on students' property rights mainly include damage to students' property, confiscation of students' property, arbitrary fines, arbitrary fees, etc.

More importantly, "fine" is a kind of administrative punishment measure, and the "Administrative Punishment Law" stipulates that only normative documents above departmental rules have the right to establish, and if there is no statutory basis or legal procedures are not complied with, the administrative punishment is invalid. In the absence of clear provisions in laws, regulations or rules, the school does not have the right to impose fines and other provisions on its own.

The Administrative Punishment Law also stipulates that there is no statutory basis for administrative organs to impose administrative punishments, and the administrative organs at a higher level or relevant departments shall order them to make corrections, and may give administrative sanctions to the directly responsible managers and other directly responsible personnel in accordance with the law. Now, even the boss of the enterprise has no right to impose fines on employees who violate the rules, and schools certainly cannot fine students.

Article 25.

According to the Compulsory Education Law of the People's Republic of China:

Article 25.

Schools must not collect fees in violation of state regulations, and must not seek benefits by selling or covertly selling goods or services to students.

[Laws].

Article 25: Schools must not collect fees in violation of state regulations. It is not allowed to seek benefits by selling goods or services to students or in disguised form.

Interpretation] This article is about the provision that schools shall not collect fees from students in violation of national regulations.

In recent years, in order to standardize the behavior of school fees and resolutely control the arbitrary collection of fees in schools, a series of measures have been taken and certain results have been obtained. However, in addition to the charging items and charging standards stipulated by the state, some localities, relevant administrative departments and schools have set up their own charging items and raised the charging standards without authorization, resulting in a large number of charging items and different standards. Some even sell goods in disguised form in the name of "essential teaching and auxiliary materials", "all kinds of insurance", "nutritious meals", etc., and the school makes profits from it, which not only violates the state's fee collection policy, but also damages the seriousness and standardization of the fee collection work, and increases the burden on the parents of students, and all aspects of society have strong reactions.

At the same time, due to the renovation of the charging items and the variety of reasons, it has brought certain difficulties to the supervision of all walks of life.