Three departments: establish a huge fine system and lifelong ban mechanism for illegal off-campus training

2022-05-25 0 By

Recently, for the further implementation of the general office of the central committee of the communist party of China and the State Council general office on the further reduce the compulsory education stage student’s opinions on homework burden and external training, the Ministry of Education, the public sector, the justice department jointly issued “about strengthening the education of administrative law enforcement and thorough going efforts to promote external training comprehensive opinions” (hereinafter referred to as “opinions”).”Opinions” pointed out that external training supervision administrative law enforcement is the education administrative departments at all levels to perform the statutory duties of government management outside the training affairs, to speed up the responsibilities clear, standardized management, smooth operation, powerful protection, supervision in place of the law enforcement system, comprehensively improve the quality of external training supervision administrative law enforcement and efficiency, in accordance with the law strictly investigate illegal activities outside school training,We will ensure solid and effective implementation of the double reduction program, and strive to deliver education to the satisfaction of the people.The opinions stressed the need to improve the existing mechanism of joint law enforcement by all departments under the leadership of party committees and governments, clarify their responsibilities, perform their own duties, divide the work and cooperate, and promote coordination between the upper and lower levels, at the same level and between different places.Market supervision, Internet information, public security, sports, culture and tourism and other relevant departments shall, within their respective responsibilities, independently or jointly supervise issues involving off-campus training.It is clear in the Opinions that it is necessary to strengthen the administrative law enforcement duties of the education administrative departments in supervising off-campus training, and effectively enhance the awareness and ability of carrying out administrative inspection, administrative punishment and administrative coercion in accordance with the law.We should strengthen the administrative and law enforcement forces of education departments for supervision of off-campus training, speed up the establishment of institutions, strengthen the staffing of such forces, and improve the quality of their personnel.We should formulate a law enforcement list, standardize the law enforcement process, innovate the law enforcement methods, and improve the administrative law enforcement capability of off-campus training supervision.The opinions require local departments of education, compilation and justice to promote the inclusion of funds for off-campus training supervision and administrative law enforcement into fiscal budget management, strengthen guarantee, and rationally allocate traffic, communications, law enforcement recorders and other equipment necessary for law enforcement.The administrative law enforcement of off-campus training supervision will be included in the scope of education supervision, and local governments will be urged to strengthen the administrative law enforcement of off-campus training supervision. Those who fail to implement the central government’s decisions and arrangements, and those who fail to take care of off-campus training, will be held accountable.Education Supervision [2022] No. 1 Department of Education of All Provinces, Autonomous Regions and Municipalities directly under the Central Government (EDUCATION Commission), Party Organization Office, Justice Department (Bureau), Education Bureau of Xinjiang Production and Construction Corps (XPCC), Party Organization Office, Justice Bureau:For further implementation of the general office of the central committee of the communist party of China, the State Council general office on the further reduce the compulsory education stage student’s opinions on homework burden and outside school training and the rule of law government construction (2021-2025) to the implementation of the program “spirit, strengthen the regulation of off-campus training administrative law enforcement, improving external training management ability and management level,The following suggestions are put forward.1. Guiding Ideology.Adhere to xi jinping, a new era the ideas of socialism with Chinese characteristics as a guide, fully implement the party’s education policy, the implementation of khalid ents fundamental task, strengthen the supervision of external training administrative law enforcement work, building the external training law enforcement system, comprehensively improve the quality of external training supervision administrative law enforcement and efficiency, in accordance with the law, strictly investigate illegal activities outside school training,We will ensure solid and effective implementation of the double reduction program, and strive to deliver education to the satisfaction of the people.2. Working principles.Adhere to the overall leadership of the Party to ensure the correct direction of administrative law enforcement of off-campus training supervision;We must put the people first, and law enforcement must serve the people, be responsible to the people, and be subject to their oversight.Adhere to the administration in accordance with the law, establish and improve law enforcement forces for off-campus training, implement strict, standardized, fair and civilized law enforcement requirements, and improve the supervision mechanism for off-campus training;Adhere to overall planning, strengthen coordination among departments, and promote joint law enforcement.3. Job objectives.By the end of 2022, the administrative departments of education will have basically established an administrative law enforcement system for the supervision and administration of off-campus training, and the overall coordination mechanism between relevant departments at all levels will be basically streamlined. The law enforcement force will be significantly strengthened, and the quality and effectiveness of law enforcement will be greatly improved.By 2024, a supervision and administrative law enforcement system for off-campus training with clear rights and responsibilities, standardized management, smooth operation, strong guarantee and adequate supervision will be basically established.Improve the existing mechanism of administrative law enforcement for supervision of off-campus training. 4. Adhere to division of labor and cooperation.All relevant departments should, under the unified leadership of the Party Committee and the government, clarify their responsibilities, perform their respective duties, divide their work and cooperate, and promote coordination and linkage between the upper and lower levels, at the same level and between different places. Those that have already implemented integrated law enforcement may continue to explore.Education administrative departments at all levels should strengthen the training of comprehensive law enforcement outside the organization and coordination of the collaboration, joint law enforcement, law enforcement, the key is responsible for operating without a license, in violation of the training content, training time, training personnel, training fees, and other illegal violations hold contest to regulate law enforcement, lead organize relevant departments to carry out joint law enforcement.Market supervision, Internet information, public security, sports, culture and tourism and other relevant departments shall, within their respective responsibilities, independently or jointly supervise issues involving off-campus training.5. Improve the synergy mechanism.Local governments should, in accordance with the principle of “whoever examines and approves is responsible, and whoever is in charge is responsible”, improve the linkage mechanism between examination and approval, supervision and punishment, adhere to the principle of obtaining licenses before issuing licenses, and standardize the examination and approval procedures and licensing content of off-campus training institutions.If the reform of comprehensive examination and approval is carried out, the consent of the administrative department of education at the same level shall be obtained in writing in advance.We will speed up the interconnection of illegal clues, exchange of regulatory standards, mutual recognition of handling results, and promote joint law enforcement on the spot.A linkage mechanism has been established for off-campus training on administrative law enforcement and criminal justice, and systems for information sharing, case notification and case transfer between education and public security, procuratorial and judicial organs have been improved.6. Step up investigation and punishment.Local administrative departments of education, together with relevant departments, should regularly sort out prominent problems that the public has strongly complained about, timely deploy centralized special rectification projects, and promptly notify typical cases of violations of laws and regulations in off-campus training.For those with great potential risks that may cause serious adverse consequences, routine supervision and inspection of law enforcement should be strengthened to prevent and defuse the risks of breaking the law at the source.We will establish and improve the system of punitive compensation and heavy fines for serious violations and the lifelong ban mechanism to make serious offenders pay their due price.Off-campus training institutions and website platforms that conduct training in violation of laws and regulations will be punished in accordance with the principle of “if they are found together, they will be dealt with together”.We will ensure that channels are opened for complaints about violations of laws and regulations to be accepted, followed up, and reported, and that meritorious personnel who report serious violations of laws and regulations and major risks and hidden dangers will be rewarded and strictly protected in accordance with the law.Strengthen the administrative law enforcement duties of the education administrative department in supervising off-campus training.The administrative law enforcement of off-campus training supervision is the legal responsibility of all levels of educational administrative departments to perform the government’s management of off-campus training affairs.According to the law of the People’s Republic of China education law of the People’s Republic of China compulsory education law of the People’s Republic of China on administrative punishment law the minors of the People’s Republic of China protects a law “the law of the People’s Republic of China private education promotion law”, “private education promotion law of the People’s Republic of China, regulations on the implementation of such laws, regulations and the Ministry of Education on strengthening education administrative law enforcement work”And other policy documents require that the statutory duties must be, and strengthen the awareness and ability of carrying out administrative inspection, administrative punishment and administrative compulsion in accordance with the law.8. Define powers and responsibilities at all levels.The Ministry of Education is mainly responsible for drafting and supervising the implementation of standards and norms for the administrative law enforcement of off-campus training supervision, guiding and supervising the comprehensive law enforcement of off-campus training nationwide, organizing, investigating and supervising the handling of major cases of nationwide and trans-regional off-campus training.Provincial administrative departments of education are mainly responsible for drawing up implementation plans of local administrative law enforcement of off-campus training supervision, supervising, guiding, organizing and coordinating the administrative law enforcement of off-campus training supervision within their jurisdiction, investigating and dealing with trans-regional or complex cases with great influence and cases of online training institutions approved within their jurisdiction.The municipal administrative departments of education are mainly responsible for supervising, guiding, organizing and coordinating the administrative law enforcement work of off-campus training supervision within their jurisdiction.The administrative departments of education at the county level are mainly responsible for investigating and dealing with violations of laws and regulations of off-campus training in their respective areas.The institutions responsible for the supervision of after-school training in the education administrative departments at all levels assume the specific administrative law enforcement functions of after-school training supervision.9. Define the level of enforcement.In accordance with the principle of territorial management and downshifting of focus, routine law enforcement inspection and investigation and handling of general illegal cases are mainly conducted at the county level.In principle, only one law enforcement level should be established between cities divided into districts and municipal districts.The responsibility of township and street should be consolidated, off-campus training management should be incorporated into village (community) grid management, and comprehensive management should be carried out.Cross-regional violations of laws and regulations shall be investigated and dealt with jointly by the relevant departments in the place where the off-campus training institution has approved the violation and the relevant departments in the place where the violation occurs.Strengthening the force of off-campus training, supervision, administration and law enforcementLocal administrative departments of education should coordinate and optimize their functions and allocation of resources in light of local conditions, establish and perfect supervision institutions for off-campus training, undertake relevant administrative law enforcement work in their respective regions, and earnestly strengthen the administrative law enforcement capacity of off-campus training supervision.11. Strengthen the force allocation.Local administrative departments of education should set up posts in a scientific way, coordinate resources of all parties, enrich front-line law enforcement personnel, and ensure that the supervision and law enforcement work of off-campus training is carried out effectively.Higher authorities can procedually invoke lower-level enforcement forces.12. Improve personnel literacy.We will establish and improve the qualification management system for law enforcement personnel at all levels, and strictly implement the practice of law enforcement personnel with certificates.Special training will be conducted for law enforcement personnel, focusing on relevant legal knowledge, improving their professional abilities, and raising their professional level of law-enforcement in a standardized, fair and civilized manner.Improve the administrative law enforcement ability of off-campus training supervision 13. Formulate law enforcement list.In accordance with existing laws, regulations and policies, the Ministry of Education sorted out the law enforcement functions of education administrative departments at all levels for off-campus training, formulated and promulgated the Directory for Guidance on Administrative Law Enforcement Matters concerning Off-campus Training Supervision, and implemented dynamic adjustment.Local administrative departments of education have refined the local Catalogue for Guidance on Administrative Law Enforcement Matters concerning Supervision of Off-campus Training in accordance with local legislation.14. Standardize the law enforcement process.Local administrative departments of education should fully carry out and strictly implement the system of publicity of administrative law enforcement of off-campus training supervision, record of the whole process of law enforcement and legal review of major law enforcement decisions.We formulated and improved procedures for administrative law enforcement, unified basic standards for administrative law enforcement files and documents, and raised the level of standardization of law enforcement files and documents.We will improve the benchmark system for discretion in law enforcement, clarify the basis of responsibility, working procedure, performance requirements, time limit for handling, and code of conduct for law enforcement matters, eliminate vague clauses in administrative law enforcement, reduce discretion, and promote the same matter, same case, same standard punishment, and undifferentiated law enforcement.Establish accountability and liability exemption system.We will carry out oversight across the board through random selection and public release.Innovating law enforcement methods.The Ministry of Education and provincial administrative departments of education shall establish a guiding system for administrative law enforcement cases and issue guiding cases regularly.Local governments should explore and promote the “Internet Plus law enforcement” model to improve law enforcement.We will explore ways of credit supervision, and include major acts of breach of trust in the scope of punishment.Strengthening administrative law enforcement guarantee of off-campus training Supervision 16. Strengthening conditions guarantee.Local administrative departments of education should improve the work guarantee mechanism in conjunction with departments of education and justice.We will promote the inclusion of funds for supervision and administrative law enforcement of off-campus training into budget management at the same level, and strengthen the guarantee of relevant funds.We will speed up the formulation of standards for administrative law enforcement equipment for off-campus training and supervision at different levels, timely adjust law enforcement catalogs, replace law enforcement certificates, rationally configure traffic, communications, and law enforcement recorders and other equipment necessary for law enforcement, establish law enforcement information platforms, improve law enforcement conditions, meet law enforcement needs, and protect the safety of law enforcement personnel.17. Promote supervisory accountability.We will strictly implement the Accountability Measures for Education Supervision and bring off-campus training management into the scope of education supervision.Local governments will be encouraged to put strengthening administrative enforcement of supervision over off-campus training and promoting comprehensive governance of off-campus training on their agendas, formulate implementation plans, and consolidate responsibilities at every level.Local people’s governments at all levels under supervision and relevant functional departments as well as their responsible persons shall be held accountable in accordance with the law for failing to implement the decisions and arrangements of the Central Committee, failing to properly administer off-campus training, and other serious violations of laws and regulations.Give full play to the role of school inspector, actively carry out daily supervision of off-campus training.18. Improve the supervision mechanism.Local administrative departments of education should improve the supervision mechanism of off-campus training, strengthen and perfect the system of law enforcement case management and evaluation, and law enforcement assessment and evaluation.We will fully implement the responsibility system for popularizing the law to those who enforce it, work with relevant departments to do a good job in popularizing the law on law enforcement matters, and strengthen the interpretation of the law on a case-by-case basis.We should establish a team of social supervisors trained outside school, broaden channels for social supervision, and explore modes of public participation.Ministry of Education central Organization Office Ministry of Justice January 25, 2022