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Legal analysis: The behavior of an individual to make up classes without a license or license, this behavior is not an individual in the previous case, the perpetrator is an organization and not an individual, the similarities are that the location of the make-up class is in the community, which is very hidden, and the teacher who is suspected of making up classes in violation of regulations has no way to provide a teaching certificate, which also means that the teacher may not have the qualifications to be a teacher at all, and in this case, it is directly ordered to stop business and dissolve the institution, and the student fees must be refunded. And the teacher who violated the rules will also be dealt with for allegedly violating the law.
The most severe punitive measures have been put forward for the tutoring of individuals who violate the rules, that is, institutions or individuals who have violated the relevant provisions of the training body and have incomplete licenses will carry out academic training in violation of regulations in the name of consulting, cultural communication, "housekeeping services", "live-in teachers", "crowdfunding private education", etc. Violating the relevant provisions on training personnel, personnel who do not have teaching qualifications carry out academic training in violation of regulations, and in-service primary and secondary school teachers carry out paid make-up classes in violation of regulations. These two articles have been made clear:
It is illegal for college students and individuals without qualifications and licenses to work as tutors in students' homes! It is also illegal for an individual who does not have a teaching qualification to carry out subject training!
Legal basis: Law of the People's Republic of China on the Promotion of Family Education
Article 31: Family education guidance establishments carrying out family education guidance service activities must not organize or indirectly organize for-profit education and training.
Article 33: Child welfare establishments and institutions for the aid and protection of minors shall provide family education guidance to foster families arranged by that establishment, or to the parents or other guardians of minors receiving aid and protection.
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It is not illegal for college students to subsidize their home tutoring life, and in-service teachers are not allowed to pay tutors.
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It is not illegal or illegal for college students to be tutors, and not only college students, but in fact, except for in-service teachers in primary and secondary schools, who are not allowed to engage in "paid make-up" work, everyone else is okay. In fact, not only is there no objection to college students being tutors, but it has always been respected, and many colleges and universities will have relevant clubs, and they will also organize some public welfare make-up activities.
Is it illegal for an in-service teacher to be a tutor?
The education department has given clear regulations, requiring teachers not to be able to pay tutors, and in-service teachers should also consciously abide by the relevant regulations, do not carry out paid tutoring, so that they are also responsible for their own students.
[Legal basis].Article 13 of the Teachers Law of the People's Republic of China.
The qualifications of primary and secondary school teachers shall be recognized by the local people's ** education administrative departments at or above the county level. The qualifications of teachers in secondary specialized schools and technical schools shall be determined by the relevant competent departments organized by the local people's education administrative departments at or above the county level. The qualifications of teachers in ordinary schools of higher learning shall be determined by the administrative departments for education of provinces, autonomous regions, or municipalities directly under the Central Government, or by schools entrusted by them.
Where citizens who possess the academic qualifications provided for in this Law or have passed the national teacher qualification examination request that the relevant departments have their teaching qualifications recognized, the relevant departments shall make the determination in accordance with the requirements provided for in this Law. Persons who have obtained teaching qualifications shall have a probationary period when they teach for the first time.
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"One-on-one tutoring" is not against any law! Even if you are a working teacher, it is not illegal.
But if you're a working teacher, it's not illegal to engage in paid tutoring, but it's against the law!
It is not illegal for college students to tutor.
At present, the country's law does not have clear provisions on "personal tutoring", there is no prohibition on paid tutoring activities for individual behavior, and at the same time, work-study is encouraged for college students!
From a "legal" point of view, there is nothing wrong with the activity of "personal paid tutoring"! At present, the law of the country does not have clear provisions on "personal tutoring", and there is no paid tutoring activities that prohibit personal behavior, and at the same time, work-study is encouraged for college students! From a "legal" point of view, there is nothing wrong with the activity of "personal paid tutoring"!
This also includes in-service teachers! At present, the regulations of the education department clearly prohibit primary and secondary school teachers from engaging in paid tutoring, and a series of punishment measures have been formulated, which are not laws, but only regulations. The guiding opinions of national ministries and commissions are not in the nature of laws and regulations, and are administrative guidance.
This is why even if you are caught making up for violations, you can only impose penalties within the system (such as criticism, performance deduction, disqualification, expulsion, etc.). It is neither illegal nor illegal for individuals who are not in-service primary and secondary school teachers to engage in paid one-on-one tutoring. Zero-barrier communication for college students.
College students are young and energetic, and they can establish a relatively close relationship with students, and have zero barriers to communicate with students, which is of positive significance for targeted tutoring for students. Under normal circumstances, college students are prone to deep feelings for the students they teach, which is conducive to helping children establish good study habits. College students have just left high school life, and their subject knowledge is at its peak, and there is no problem at all in teaching elementary and junior high school knowledge.
Although college students lack a certain amount of experience compared with old teachers, college students themselves have just walked past the middle school years, and they have a very deep feeling about learning and can give some suggestions to students. At the same time, the vast majority of college students are very serious about their tutoring work, and this kind of enthusiasm is difficult to find in old teachers and institutional teachers, which can also make up for the lack of experience to a certain extent.
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1. It is not a violation of being a tutor, and there is no law that violates the law of tutoring. 2. If the school has a rule prohibiting the distribution of leaflets, it will be a violation of the school rules, and if the school does not have such a rule, then there is nothing. Let's find out what is illegal.
Illegality, also known as illegal acts, refers to certain social harms committed or caused by subjective fault of a specific legal subject (individual or unit).
In fact, in the hearts of many netizens, I don't belong to the real staff of college students, even if I make up classes for primary and secondary school students, it does not constitute a violation, but in the eyes of parents, the situation of college students making up classes has caused unfair treatment for many ordinary families, which also makes whether college students are tutoring in violation of the law has become a problem that needs to be solved urgently.
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At present, it is not clear that one-on-one tutoring for college students is illegal, and the "double reduction" policy that has just been introduced is mainly aimed at large classes in online and offline training institutions inside and outside the school, and there is no clear policy requirement for one-to-one.
Double reduction policy tasks.
Under the socialist economy, the market has a certain freedom, and tutoring is a spontaneous economic behavior of the individual, which will not disrupt the market order. In addition, the transfer of knowledge is multi-channel and multi-faceted, college students who have just experienced the college entrance examination should have unique and useful ways and methods for problem-solving thinking and actual combat in the examination room and students' thinking, one-on-one teaching is also more targeted, college students' tutors are also more enthusiastic, and students are easy to have common topics, which can help improve students' learning efficiency.
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If you want to go online, it is illegal for ordinary college students to be tutors, because to tutor children, it stands to reason that you have to have a teacher qualification certificate, and you are still a college student, so it stands to reason that you should not have a teacher qualification certificate, right? So it's generally not allowed, but as long as your parents agree to give him a little homework, you don't openly run any training classes or anything like that. No one checks it, so it doesn't matter.
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Not illegal. For college students, using their knowledge to earn money is a good income**, and for parents and children, it is also a good choice for college students with strong knowledge reserves to teach their children to learn.
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It is not illegal for college students to be tutors. It is a means of self-reliance, and it is one of the most important side hustles for college students.
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It's not illegal. Nowadays, many college students earn money by being tutors, and the law does not stipulate that it is illegal for college students to be tutors.
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It's not illegal, and many students in our class have gone to tutor people.
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It's not illegal, there are a lot of college students who do tutors, and they will also find college students to be tutors.
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This is not illegal, but many universities do not allow students to be tutors, and they are also worried that this will affect students' studies. This is understandable.
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It is not illegal, college students are a way to earn pocket money, as long as you have knowledge and knowledge, it is a kind of ability to teach your children well and earn remuneration.
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Not illegal. As long as you have enough ability, you can go to tutoring.
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Not illegal. As long as you have the ability to adapt to it, it is not illegal to tutor and get the corresponding labor remuneration. But also pay attention to the safety of yourself and your property!
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If it's not illegal, you can increase your living expenses by doing this, be self-reliant, self-reliant, don't steal, don't rob, don't break the law, you love it.
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It's not illegal, and many college students do tutoring. It's cool to monetize your knowledge. But be sure to stay safe.
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It is illegal to work as a tutor without a teaching certificate.
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If it's not illegal, as long as you have the ability, you can do it.
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Not illegal. Many college students work as tutors.
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It is illegal for college students to work as tutors without the approval of the relevant departments, and it may constitute the crime of illegal business operation.
Legal analysisThe object of the crime of illegal business operation should be the market order, and in order to ensure the restriction of the market for the sale and purchase of goods and the import and export of goods, the State implements a business licensing system for the above-mentioned goods. Among them, the import and export licensing system is an important part of the business licensing system, and the act of buying and selling import and export licenses and import and export certificates of origin not only violates the market order, but also infringes on the foreign management system. Objectively, it is manifested as the unauthorized operation of franchises, monopoly goods or other restricted items, the purchase and sale of import and export licenses, import and export certificates of origin, and other business licenses or approval documents stipulated by laws and administrative regulations, as well as engaging in other illegal business activities, disrupting market order, and the circumstances are serious.
It is mainly to operate franchises, monopoly goods or other restricted items stipulated by laws and administrative regulations without permission. In order to ensure the normal order of the market, the operation and sale of some materials related to the national economy and people's livelihood, people's lives, health and safety, and public interests are restricted in China. Only after approval and obtaining a business license can it engage in business activities such as acquisition, storage, transportation, processing, wholesale, sales, etc.
If it is operated without approval, it is an illegal business. The so-called restricted goods refer to the items that are not allowed to be freely bought and sold in the market in accordance with regulations, such as important means of production and consumer goods that are not allowed to be freely bought and sold by the state, and items that are operated by special units designated by the state.
[Legal basis].Criminal Law of the People's Republic of China》 Article 225: Where state provisions are violated by any of the following illegal business activities, disrupting market order, and the circumstances are serious, a sentence of up to five years imprisonment or short-term detention is to be given, and/or a fine of between 1 and 5 times the amount of unlawful gains; where the circumstances are especially serious, a sentence of five or more years imprisonment is to be given, and a concurrent fine of between 1 and 5 times the amount of unlawful gains or confiscation of property is to be given: (1) Engaging in the operation of monopoly or monopoly items or other restricted items as provided for by laws or administrative regulations without permission; (2) Buying and selling import and export licenses, import and export certificates of origin, and other business licenses or approval documents provided for by laws and administrative regulations; (3) Illegally operating **, **, or insurance business without the approval of the relevant competent state departments, or illegally engaging in fund payment and settlement business; (4) Other illegal business activities that seriously disrupt market order.
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If you are still in college, it is estimated that you should not have obtained a teaching certificate, and it should be illegal to do this tutoring, but if you tell your parents to keep quiet, so that others don't know, you can still go outside anyway, and what tutoring is to help a child tutor with homework.
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It is not illegal to have a teaching certificate.
Personnel engaged in subject training must have the corresponding teaching qualifications.
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According to Article 14 of the "Opinions on Further Reducing the Burden of Homework and Extracurricular Training for Students in the Compulsory Education Stage" issued by the General Office of the Communist Party of China, "Personnel engaged in academic training must have corresponding teacher qualifications".
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This is not illegal, college students can earn a little living expenses for themselves by helping others as tutors, so why not?
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If the Eight Classics are correct, it shall be said according to the law. That's really illegal, because he hasn't gotten a teaching certificate yet. But generally individuals and parents have said yes.
There is no large-scale tutoring for many students, that is, you go to someone's house to be a tutor, and no one reports you, so it doesn't matter.
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It's not illegal.
Legal basis: Article 13 of the Teachers Law of the People's Republic of China Primary and secondary school teacher qualifications shall be recognized by the local people's ** education administrative department at or above the county level. The qualifications of teachers in secondary specialized schools and technical schools shall be determined by the localities at or above the county level".
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