Is it illegal for an individual to give make up classes to students, and is it illegal for students

Legal Analysis: It is not illegal, tutoring is a civil act, and Chinese law has no relevant provisions on this. If there is a contract between the tutor and the teacher, it is illegal to violate the contract in a private tutor.

Of course, to open a cram school, you must apply for a school license from the local education administrative department, and the teacher of the cram school needs to have a teaching certificate, so that it is legal. Of course, if the scale is not large, it can be regarded as a civil contractual relationship and it is also legal.

Legal basis: "Education Law of the People's Republic of China" Article 76: Where schools or other educational institutions recruit students in violation of relevant state provisions, the administrative department for education or other relevant administrative departments shall order the students to be returned and the fees charged; Schools and other educational establishments are given warnings and may be fined up to five times the amount of unlawful gains; where the circumstances are serious, order the suspension of relevant enrollment qualifications for between one and three years, up to the point of revocation of enrollment qualifications and revocation of the school's permit; The directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Legal analysis: The school organizes student make-up classes with the nature of fees in violation of relevant national regulations, and can be reported to the education department; For cram schools run by social institutions, if the formalities are complete, it is not illegal for students to voluntarily come here to make up classes.

Legal basis: Article 75 of the Education Law of the People's Republic of China: Where a school or other educational institution is established in violation of relevant state provisions, it shall be revoked by the administrative department for education or other relevant administrative departments; where there are unlawful gains, the unlawful gains shall be confiscated; The directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law;

Article 76: Where schools or other educational establishments recruit students in violation of relevant state provisions, the administrative departments for education or other relevant administrative departments are to order that the students be returned and the fees charged are to be refunded; Schools and other educational establishments are given warnings and may be fined up to five times the amount of unlawful gains; where the circumstances are serious, order the suspension of relevant enrollment qualifications for between one and three years, up to the point of revocation of enrollment qualifications and revocation of the school's permit; The directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Legal Analysis: 1. It is illegal for in-service teachers to run tutorial classes without permission. The Education Bureau clearly stipulates that in-service teachers cannot make up lessons for students during the holidays, which means that they cannot run cram classes during the summer vacation.

2. According to the provisions of the Education Law, it is illegal for in-service teachers to run tutorial classes without permission.

Legal basis: Education Law of the People's Republic of China

Article 75: According to the past situation, all in-service teachers who use the winter and summer vacations to run classes have not and have not been approved by the Education Bureau, because teachers have the right to rest and participate in training, and these rights of teachers must be safeguarded during the holidays. Therefore, in-service teachers taking advantage of holidays to run classes are basically illegal and should be strictly prohibited. Those that have already been done must be banned.

A very small number of teachers defended the illegal class and said: I am tutoring after school, which is a continuation of normal teaching work. If that were the case, teachers should not be charged under any pretext, and their selfless dedication should be commended.

In fact, the real motivation of teachers to run classes is the "fees" behind running classes.

Article 25: The State pays in-service teachers, whether they are in school or during holidays, and the State stipulates that teachers' salaries are not lower than those of local civil servants, and teachers' salaries have been greatly improved at present and will continue to increase in the future. In-service teachers are paid to run classes, which violates the principle of public welfare education and the principle that running schools must not be for profit. Teachers should be role models of social morality and law-abiding, and the illegal acts of paid tutoring and paid classes must be corrected.

Legal Analysis: Illegal. You can complain and report to the local education bureau, and the school is not allowed to make up classes privately.

Legal basis: "Education Law of the People's Republic of China" Article 56 Where a school collects fees in violation of national regulations, the county-level people's education administrative department shall order the refund of the fees; The directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law; Where schools seek benefits by selling goods or services to students or in disguised form, the county-level people's education administrative department shall give a notice of criticism; where there are unlawful gains, the unlawful gains shall be confiscated; The directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law;

The report of private make-up class is as follows:

1. Privately make up classes can be complained to the local education department or other functional departments, and it is strictly forbidden for schools to occupy weekends, holidays, winter and summer vacations in any name to organize students to collectively make up classes or take new classes;

2. You can call the local complaint** to report the situation to the Education Bureau. If the school does this, the student can file a complaint with the local education authority;

3. You can log on to the official website of the local education bureau to make an online complaint;

4. You can also write a letter to report.

Legal basisArticle 1199 of the Civil Code of the People's Republic of China.

Where a person without capacity for civil conduct suffers personal injury during the period of study or life in a kindergarten, school or other educational institution, the kindergarten, school or other educational institution shall bear tort liability; However, those who can prove that they have fulfilled their educational and management responsibilities shall not bear tort liability.

Article 1201.

Where a person who lacks or has limited capacity for civil conduct suffers personal injury from a third party other than a kindergarten, school or other educational institution during the period of study or life in a kindergarten, school or other educational institution, the third party shall bear tort liability; Kindergartens, schools or other educational institutions that fail to fulfill their management responsibilities shall bear corresponding supplementary responsibilities. Kindergartens, schools or other educational institutions may recover compensation from a third party after assuming supplementary liability.

Is it illegal to open a cram school without permission?

1. It is illegal to open a cram school privately, and the opening of a cram school requires the approval of the education department and the receipt of a school license before the class can be opened;

2. The teacher of the cram school needs to have a teaching certificate, which is legal;

3. The education department has long stipulated that it is forbidden for private individuals to run cram schools to prevent increasing the burden on students.

It is not illegal for a teacher to make up lessons without permission and collect money, but it is a violation.

Legal basis: "Provisions on Strictly Prohibiting Paid Make-up Classes for Primary and Secondary School Teachers and In-service Primary and Secondary School Teachers".

1. It is strictly forbidden for primary and secondary schools to organize or require students to participate in paid make-up classes;

2. It is strictly forbidden for primary and secondary schools and off-campus training institutions to jointly conduct paid make-up classes;

3. It is strictly forbidden for primary and secondary schools to provide educational and teaching facilities or student information for off-campus training establishments to make up classes for a fee;

4. It is strictly forbidden for in-service primary and secondary school teachers to organize, recommend, or induce students to participate in paid make-up classes inside or outside the school;

5. It is strictly forbidden for in-service primary and secondary school teachers to participate in paid make-up classes organized by extracurricular training establishments or by other teachers, parents, parents' committees, and so forth.