I. Background and purpose of the employment prohibition system
In recent years, vicious incidents such as sexual assault and abuse have occurred frequently in the field of education, seriously infringing on the physical and mental health and legitimate rights and interests of minors. In order to effectively protect the safety of minors, the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Education jointly issued the Opinions on Implementing the System of Prohibited Employment, aiming at eliminating the black sheep in the education industry through the strict system of prohibited employment and ensuring a safe environment for the growth of minors.
Second, the application scope and object of the employment prohibition system.
This opinion clearly stipulates the scope and object of application of the prohibition system. First of all, the scope of application covers all educational fields that are in close contact with minors, including schools, kindergartens and training institutions. Secondly, the target is mainly those employees who are involved in sexual assault, abuse, trafficking, violence and other illegal and criminal acts. Once these people are found guilty of related crimes, they will be banned from working in close contact with minors for life.
Third, the implementation and supervision of the employment prohibition system.
In order to ensure the effective implementation of the employment ban system, the Opinions also clarified the responsibilities and regulatory measures of relevant departments. The education department should strengthen the background review and daily supervision of employees in the education industry, and report the illegal and criminal acts found in time and deal with them according to law. At the same time, the judicial department should also strengthen the trial and punishment of juvenile cases, and investigate the criminal responsibility of employees who violate the forbidden system.
Fourth, strengthen publicity and education and social supervision.
In addition to the guarantee at the institutional level, the opinion also emphasizes the importance of strengthening publicity and education and social supervision. By widely publicizing the significance and content of the employment prohibition system, we will improve the understanding and attention of the whole society to the protection of minors. At the same time, encourage all sectors of society to actively participate in supervision, report illegal acts found in a timely manner, and jointly safeguard the legitimate rights and interests of minors.
To sum up:
The Opinions on Implementing the Employment Prohibition System is an important measure jointly issued by the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Education to protect minors from infringement. This opinion eliminates the black sheep in the education industry through a strict employment prohibition system, and ensures that the environment for minors to grow up is safe and secure. At the same time, strengthening publicity and education and social supervision is also an important link to implement this opinion. Only with the joint efforts of the whole society can we create a healthy and safe growth environment for minors.
Legal basis:
Criminal law of the people's Republic of China
Article 14 1 stipulates:
The people's court may, according to the circumstances, prohibit persons who commit crimes such as sexual assault and abuse of minors from engaging in related occupations within a certain period of time. If the circumstances are particularly serious, it is forbidden to engage in close contact with minors for life.
Law of People's Republic of China (PRC) on the Protection of Minors
Article 62 provides that:
It is forbidden for any organization or individual to recruit minors under the age of 16, unless otherwise stipulated by the state. Any organization or individual that recruits minors who have reached the age of 16 but have not reached the age of 18 in accordance with the relevant provisions of the state shall implement the provisions of the state on types of work, working hours, labor intensity and protective measures, and shall not arrange them to engage in overweight, toxic or harmful labor or dangerous operations that endanger the physical and mental health of minors.