As a subordinate department of the government, the Education Bureau has the right to inspect the teaching situation of schools within its jurisdiction, and may impose administrative penalties if it finds schools that violate the rules. Among the punishment methods, there are ability punishment, disciplinary punishment and individual punishment. Among them, ability punishment is also called behavior punishment. Then, what are the types of educational administrative punishment? Follow me to learn more about it.
First, what are the types of punishment for educational administrative punishment ability?
Behavior punishment, also known as ability punishment, is a disciplinary measure taken by the administrative subject to restrict or deprive the administrative counterpart who violates the administrative legal norms of his specific behavior ability or qualification. Behavior punishment includes two forms: ordering to stop production or business, withholding or revoking licenses and licenses.
1. For legal persons, it includes ordering suspension of enrollment or admission, cancellation of school license, and suspension or cancellation of certification qualification.
2. For natural persons, disqualification can be divided into six categories: examination qualification, examination result qualification, examination suspension or restriction qualification, admission qualification, teacher qualification and examination staff qualification.
Two, who is under the jurisdiction of administrative punishment cases in education?
Cases that are punished for canceling schools or other educational institutions shall be under the jurisdiction of the education administrative department that approved the establishment of the schools or other educational institutions. The administrative department of education in the State Council has jurisdiction over the following punishment cases: cases that should be revoked by institutions of higher learning or other educational institutions; The situation that teachers should be disqualified; Major and complicated cases nationwide, as well as cases under the jurisdiction and punishment stipulated by education laws and regulations.
In addition to the punishment cases under the jurisdiction of the education administrative department of the State Council, the jurisdiction of punishment cases of other schools at all levels or other educational institutions and their internal personnel is:
1. The education administrative department of the provincial people's government shall be responsible for the punishment of institutions of higher learning or other institutions of higher education and their internal personnel;
2. The punishment for middle schools or other secondary education institutions and their internal personnel shall be the education administrative department of the people's government at the provincial or district level;
3, the implementation of compulsory education below junior secondary schools or other educational institutions, kindergartens and their internal personnel punishment, decided by the education administrative department of the county and district people's government.
3. What if the party refuses to accept the administrative punishment?
Before making a decision on punishment, the administrative department of education shall issue a notice of educational administrative punishment, inform the parties of the facts, reasons and basis for making the decision on punishment, and inform the parties of their rights to make statements and defend themselves according to law.
Within seven days after receiving the Notice of Educational Administrative Punishment, the parties concerned have the right to submit statements, arguments and relevant facts, reasons and evidence to the administrative department of education in written form.
The administrative department of education must fully listen to the opinions of the parties and review the facts, reasons and evidence put forward by the parties. If the facts, reasons or evidence put forward by the parties are established, the education administrative department shall adopt them. The administrative department of education shall not aggravate the punishment because of the defense of the parties.
Article 6 "Administrative Punishment Law" Citizens, legal persons or other organizations have the right to state and defend the administrative punishment imposed by administrative organs; Those who refuse to accept the administrative punishment have the right to apply for administrative reconsideration or bring an administrative lawsuit according to law.
Citizens, legal persons or other organizations have the right to claim compensation according to law if they are damaged by administrative punishment given by administrative organs in violation of the law.
To sum up, ability punishment is one of the main means of educational administrative punishment. The ability punishment of educational administrative punishment mainly includes ordering the school to close down, suspending the qualification of running a school and revoking the license of running a school. Penalties for individuals include cancellation of test scores, cancellation of test qualifications, and so on. After receiving the administrative punishment, if the parties have objections, they shall file a reconsideration as soon as possible.