Is it illegal to make up lessons privately, is it illegal to make up lessons at home privately

Legal Analysis] 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. Private make-up classes at home depend on the nature of make-up classes, if it is a tutor asked by parents to make up classes, then it is legal; If it is a cram school, you need to apply for the relevant documents according to the regulations, so as to ensure that you are legal, so you must not do it if it is illegal, otherwise you will bear the responsibility of the law.

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 departments 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.

Whether it is illegal to make up a class depends on the specific situation, and the specific circumstances are as follows:

1. The school organizes supplementary classes for primary and secondary school students with the nature of fees in violation of relevant national regulations, and may be reported to the education department;

2. For cram schools handled by social institutions, if the procedures are complete, it is not illegal for primary and secondary school students to voluntarily come here to make up classes.

The situation where the school organizes a group make-up class but does not charge a fee is not a paid make-up class. There are three situations in which primary and secondary schools constitute paid make-up classes:

1. Organize and require students to participate in paid make-up classes;

2. Jointly conduct paid make-up classes with off-campus training institutions;

3. Provide educational and teaching facilities or student information for paid make-up classes in off-campus training institutions.

Law of the People's Republic of China on Public Security Administration Punishments

Article 43.

Those who assault others, or intentionally injure others, are to be detained for between 5 and 10 days and fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.

1) Gang up to beat or injure others;

2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60;

3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.

Legal Analysis: It is illegal to run a cram school privately. 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.

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

Article 75: Where relevant state provisions are violated by establishing schools or other educational institutions, the administrative departments for education or other relevant administrative departments are to revoke them; 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.

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.