Hejun School was closed on February 20 19. South China Morning Post education teacher Deng photo
The school sued the Education Bureau for compensation of 6.5438+0.8 million yuan.
On March 3 this year, Hejun School filed an administrative compensation lawsuit with the Lingui District Court. The first litigation request is to cancel the Decision on Administrative Compensation made by Guilin Education Bureau on June 65438+1October 2 1 2023; The second is to claim various economic losses of 1.8 million yuan. This is the second time that the school has sued Guilin Education Bureau.
During the school's menstrual period of 20 14 and 10, Guilin Education Bureau stamped and agreed to change the business scope. The enrollment targets are no longer restricted by age, and all primary and secondary school students can register. However, Guilin Education Bureau later refused to admit it. 20 18 and 20 19 were included in the rectification list of off-campus training institutions twice, which led to the closure of the school on 20 19 and 12.
The school changed its business scope on 20 14 and 10, and stamped with the seal of Guilin Education Bureau. South China Morning Post education teacher Deng photo
The school sued Guilin Education Bureau for the first time in June, 2020, and the appeal was to confirm that the administrative actions of the Education Bureau against the school were illegal. Later, the Lingui District Court ruled: 1. Revoke the administrative act of Guilin Hejun Music and Art Training School, the plaintiff, in the Notice on Publishing the Black and White List of Off-campus Institutions in Urban Areas made by Guilin Education Bureau on July 26th, 20th/KLOC-0th/9th. Two. Revoke the administrative reconsideration decision made by Guilin Municipal People's Government on 20119654381October 7.
Guilin Education Bureau issued the "Black and White List of Off-campus Institutions in Urban Areas" in July, 2065438+2009, and Hejun School was on the list of rectification. South China Morning Post education teacher Deng photo
Guilin Education Bureau did not appeal, and the judgment came into effect on August 16, 2020. On June 65438+1October 2 1 day, 2023, Guilin Education Bureau made the Decision on Administrative Compensation, and decided to compensate the school for 5323.2 yuan. The school thinks that the illegal administrative actions of Guilin Education Bureau have caused huge property losses and bad social impact to the school, and the compensation is only 5,323.2 yuan, and the direct loss is 6,543.8+0.8 million yuan as assessed by relevant institutions, so it claims 6,543.8+0.8 million yuan in administrative compensation litigation.
The Education Bureau said that the original complaint was groundless.
During the trial, Guilin Education Bureau argued that its administrative actions had extremely limited impact on the school's rights and interests, and the school's claim for compensation had gone beyond the scope prescribed by law and was unfounded in the law. The bureau listed the school in the list of rectification, but during the rectification period, the school can still carry out training for middle school students and1adults aged 6 and above. During the rectification period, the bureau neither revoked the school license nor ordered the school to close down.
In September 2020, the bureau issued the Notice on Revoking the Administrative Punishment of Hejun School on the Rectification List, which removed the school from the rectification list, and its behavior of recruiting and cultivating primary and secondary school students was no longer included in the rectification problem, eliminating the adverse effects of the school being included in the rectification list, and also apologizing to the school. It can be seen that the influence of the administrative behavior of the bureau on the school has been eliminated, and the influence on its actual rights and interests is extremely limited. There is no causal relationship between the losses listed by the school and the administrative actions of the bureau, which is inconsistent with the facts and requests to dismiss the plaintiff's claim.
In September 2020, Guilin Education issued the Notice on Revoking the Administrative Actions of Hejun School on the Rectification List. South China Morning Post education teacher Deng photo
The court of first instance awarded the Education Bureau compensation of100000 yuan.
On August 30th, Ms. Jin, the person in charge of the school, received the first-instance judgment of Lingui District Court. In the judgment, the court held that the procedure of the "Decision on Administrative Compensation" made by Guilin Education Bureau in this case was illegal, and the determination of compensation for losses was obviously improper. Therefore, according to the provisions of Article 70 of the Administrative Procedure Law, the administrative compensation decision should be revoked.
The court of first instance held that the administrative act of Guilin Education Bureau on July 26, 2009, which issued the Notice on Publishing the Black and White List of Off-campus Institutions in Urban Areas, did cause such influence and loss to Hejun School. Later, Guilin Education Bureau removed the school from the list of rectification, thus eliminating the impact on the school. However, during this period, it is also true that it has an impact on the enrollment of the school and caused certain losses, but it is not enough to achieve the serious consequences of closing the school. Based on the evidence and legal facts of the whole case, the court ruled that Guilin Education Bureau compensated Hejun School for a loss of 654.38+10,000 yuan.
The first-instance judgment of Lingui District Court on this case. South China Morning Post education teacher Deng photo
The first-instance judgment of Lingui District Court: 1. Revoke the administrative compensation decision (202 1 1) made by Guilin Education Bureau on June 5438+ 10, 2023. 2. The defendant Guilin Education Bureau compensated the plaintiff and Jun School for losses of 65,438+10,000 yuan within 10 days from the effective date of this judgment. Third, reject the claim of Hejun School.
The decision on administrative compensation made by Guilin Education Bureau on June 5438+1October 2 1 was revoked by the court of first instance. South China Morning Post education teacher Deng photo
On September 1 day, Ms. Jin, the person in charge of the school, said that she would communicate with her lawyer and then consider whether to appeal.
This article was originally written by South China Morning Post. Please do not reprint in any channel or platform without permission. Offenders will be prosecuted.
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