What are the types of educational administrative punishment?
What are the types of educational administrative punishment? (1) Apply for disciplinary action. Also known as mental punishment or honorary punishment, it refers to the punishment that the subject of educational administrative law enforcement condemns and warns the relative person who violates the education law. Its characteristic lies in the mental punishment of the relative person, which does not involve substantive rights. In the education law, reprimand punishment is a common punishment type, which mainly includes two specific forms: ① warning. It is the lightest form of punishment, mainly used for illegal acts with minor circumstances or no actual harmful consequences. Warning can be applied to both natural persons and legal organizations; Can be single, can also be combined. ② informed criticism. The illegal acts of the counterpart in violation of the education law will be announced to the relevant units and the masses, and will be reported to informed criticism. The scope of application of informed criticism is the same as that of warning, but the circumstances of violation are relatively serious and the punishment is more severe. (2) ability punishment. Also known as behavioral punishment, it refers to a kind of punishment that restricts and deprives criminals of their specific behavioral ability. The ability penalty in educational administrative punishment is unique, which mainly restricts or deprives the relative person of the right to education. Ability punishment can be directed at both natural persons and legal persons. In the education law, the ability punishment of legal person organizations mainly includes three forms: ① ordering to stop enrolling students or suspend business. It refers to the form of punishment that restricts or deprives educational institutions that violate the education law of the right to enroll students or run schools. The legal conditions of this punishment are mostly stipulated in educational administrative regulations, such as the conditions of this punishment for private schools stipulated in the Regulations on Running Schools by Social Forces; In the Provisional Regulations on the Establishment of Colleges and Universities, the relevant contents of suspension of enrollment and suspension of school in colleges and universities are stipulated; The Regulations on Kindergarten Management also stipulates the corresponding punishment conditions. ② Revoke the school license. Revocation of educational institutions that violate the education law and suspension of their right to run schools. This is a more severe punishment. It should be noted that in the Education Law, the object of ability punishment for violating the norms of the Education Law is not limited to educational institutions, and organizations or individuals that recruit school-age children and adolescents can also be ordered by the local people's government to suspend business or revoke their business licenses. ③ Stop or cancel the qualification for issuing certificates. Refers to the punishment that restricts or deprives illegal educational institutions of the qualification to issue certificates. Certificates include degree certificates, academic certificates and other academic certificates. According to the relevant provisions of the Academic Degrees Ordinance, the decision to stop or revoke the conferment of academic degrees can only be made by the State Council. In the education law, the crime of infringing on the ability of natural persons is mainly taken against the educated and specific teachers and related staff who violate the education law. The target educatees are usually 14-year-old students studying in secondary schools or above. There are six forms of punishment for the ability of natural persons: ① Cancellation of examination qualification. Refers to the relative person who is forbidden to take the exam in violation of the relevant examination management provisions of the Education Law. (2) cancel the test results. Refers to the relative person who violates the relevant provisions of the education law on examination management and will be given the punishment of invalid examination results. (3) Stop or restrict the examination. Refers to the violation of the relevant provisions of the Education Law on examination management, and if the circumstances are serious, the right to suspend the examination is given for one to three years. 4. cancel the admission qualification. Refers to the relative person who violates the relevant examination management provisions of the Education Law and is deprived of the right to admission. The above four kinds of ability punishment belong to the restriction or deprivation of the relative person's right to education, which can be single or combined. There are relevant punishment provisions in education laws and regulations such as Interim Provisions on Self-study Examination of Higher Education, Regulations on Teachers' Qualifications, Interim Provisions on the Punishment of National Unified Examination for Enrollment of Ordinary Colleges and Universities, and Interim Provisions on Self-study Examination of Secondary Professional Education. (5) disqualify teachers. It refers to depriving the relative person who violates the relevant provisions of the education law on teacher qualifications of his right to be a teacher. According to the relevant regulations, if the teacher qualification is revoked, it shall not re-apply for the teacher qualification within 5 years from the date of revocation. 6. Cancel the qualification of the examination staff. Refers to the punishment of the admissions staff who take advantage of their positions and violate the examination management, and cancel their right to engage in enrollment work. The laws and regulations of all kinds of examinations at all levels should stipulate relevant penalties. (3) Property punishment. Refers to the punishment of forcing the relative person who violates the education law to pay the deposit. Its characteristic is to punish criminals by destroying and depriving them of their property. It is a widely used form of punishment and occupies an important position in educational administrative punishment. There are two main forms of property punishment: ① fine. Generally, the scope of fines and the boundaries of aggravation and mitigation are stipulated by administrative law, and the subject who enjoys the power of educational administrative punishment must execute the punishment in strict accordance with the statutory conditions, scope and procedures. A fine may be imposed singly or concurrently. ② Confiscation of illegal income. Refers to the form of punishment that nationalizes the illegal income of those who violate the education law. The confiscation of illegal income in the education law is mainly used to punish illegally running schools, illegally holding national education examinations, and illegally issuing various certificates to obtain benefits. (4) personal punishment. Also known as freedom punishment. It refers to the punishment that violates the relevant provisions of the education law and restricts and deprives the relative person of personal freedom. Personal freedom is a basic right of citizens and the foundation of other rights. Personal punishment is the most serious punishment and can only be exercised by public security organs. Personal punishment in the education law is mainly administrative detention, which refers to a punishment that restricts personal freedom in a short time for those who violate relevant educational norms (mainly the legal norms of public security management in educational relations). The term of administrative detention is generally less than 10 day, and the heavier one is less than 15 day. For this part of the staff engaged in the education industry, whether it is ordinary teachers or teaching institutions, it is already a very severe administrative punishment to revoke the relevant qualification certificates or stop the right to run schools. If the circumstances are serious, the legal responsibility of the person in charge of the educational institution shall be investigated. If the circumstances are minor, you can give a verbal warning to the relevant person.