On June 5438+February 10, 2007, Ms. Lin, a citizen of Shangqiu, Henan Province, told the reporter that her youngest son Li Shan (a pseudonym) was a senior one in Shangqiu No.7 Middle School. On February 5, 65438, the child asked her for 300 yuan money, saying that the school asked the students to pay the "school establishment fee", which would be refunded after the students graduated from junior high school. At this time, Ms. Lin suddenly remembered that her eldest son paid this fee when he was studying in this middle school a few years ago, and the school has never given any official receipt.

As a result, Ms. Lin, who had doubts, began to understand this charge through acquaintances in the local education system. As a result, she was shocked The "school establishment fee" has actually been charged 10 for many years and nobody cares! Ms. Lin said: "How much money to pay is a trivial matter. The key point is that I think it is unreasonable to charge for such a long time without even saying anything. "

"There is a documentary basis for us to borrow money from students." Ms. Lin got the answer from the local education department and saw three documents: First, the document of Shangqiu Municipal Committee of the Communist Party of China (now Liangyuan District Committee) (Shi Fa [1996] 19) stipulates that when urban primary and secondary school students leave school, the loan will be repaid in one lump sum. Second, according to Shangqiu Education Financing Committee (Commercial Office [1996] 1No.) and the Specific Provisions on Implementing the Student Loan System for Primary and Secondary School Students in Cities and Towns, 300 yuan is borrowed from every student. Third, the relevant provisions of the Meeting Minutes of Shangqiu District Administrative Office (now Shangqiu Municipal Government) ([1996] No.8).

survey

Borrow money from new classmates to pay back old classmates.

Are parents willing to pay the money? Why does the school charge a "school establishment fee"? What did you do with the money? With these questions, the reporter visited.

Although the parents of the interviewed students agree that it is unreasonable for the school to charge students for a long time, they do not intend to "discuss" with the school. A parent surnamed Li said that she was "used to it". From kindergarten to junior high school, his children "don't know how much money they paid, and some of them have been repeatedly emphasized by the central authorities." But the sky is high and the emperor is far away. Take it and take it. Who can be embarrassed? "

There are also many parents who are worried that "if the school is bored, the children will not be able to study hard."

During the interview, the reporter also found that not only schools such as Shangqiu No.7 Middle School, Shangqiu No.6 Middle School, Shangqiu No.8 Middle School and Shangqiu Qianjin Primary School, but also 300 yuan's loans were charged to students.

Zhai, the principal of Shangqiu No.7 Middle School, said that the "loan" was collected according to the relevant documents of the higher authorities, with the purpose of solving the problems left over from popularizing the nine-year compulsory education in 1996. The money collected will not stay in the school, but will be handed over to the district education bureau.

Zhai also said that all the borrowed money has IOUs, and when the students graduate in the third grade, they will pay back the principal with interest. There are 240 senior one students in their school, and so far, more than 100 people have paid the money.

According to a loan document provided by Zhai, the reason for borrowing is "rebuilding and expanding primary and secondary schools".

In this regard, Li Wenshao, director of liangyuan district Education Bureau, said that borrowing 300 yuan from students was his task to the principals of three junior high schools in the urban area and more than 10 primary schools. On the basis of following the principle of voluntariness, he borrowed 300 yuan money from each student and turned it over to the district finance, and paid back the arrears of popularizing nine-year compulsory education 10 years ago. Students from poor families are exempt from borrowing.

According to Li Wenshao, 1996, in order to make liangyuan district pass the acceptance of the provincial "Nine-Year Plan", it borrowed more than 8 million yuan from urban primary and secondary school students to build teaching buildings for many primary and secondary schools, and successfully passed the acceptance of the provincial "Nine-Year Plan". From that year on, liangyuan district's education system began to borrow money to pay off debts every year, and it has continued to this day. At present, there are still more than 7 million yuan in arrears in the "Nine-Year Plan". Urban primary schools and junior high schools lend some money to freshmen every year, and the district finance will give subsidies, and then pay back the graduates' money.

"We have a written basis for borrowing money from students." The documentary basis mentioned by Li Wenshao is the three documents that Ms. Lin saw.

Regarding the loan from liangyuan district Education Bureau to students, a person in charge of the supervision office of Shangqiu Education Bureau, who asked not to be named, said that in 2002, they had investigated a case similar to the loan from liangyuan district Education Bureau and treated it as illegal fund-raising.

The person in charge said that the liangyuan district Education Bureau had previously told them about the student loan to 300 yuan. They also informed the district education bureau to stop borrowing books. At present, liangyuan district is the only city in charge. 10 years ago, the relevant departments issued relevant documents, but these documents should have been abolished long ago, but he did not find proof of the abolition of the documents.

Postscript:

As of press time, the person in charge of the relevant departments in Shangqiu called and said: The Liangyuan District Party Committee and the district government learned about the situation of students borrowing money to pay off debts, and held an emergency meeting overnight, instructing the relevant units to refund all the student loans and not to collect them in the future. In this regard, this newspaper will follow up.

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"Loan documents" are not legal management.

Song Gongde, Associate Research Fellow of National School of Administration

Commentator: Whether the school has passed the "nine-year consistent system" acceptance by borrowing money from students is obviously against the system and spirit of compulsory education. As far as the borrowing behavior itself is concerned, at least two legal problems are exposed:

First, the lending behavior between schools and students is flawed. The school stipulates that students from poor families can be exempted from borrowing, and has established a compulsory loan system based on the principle of consent, and the school can not borrow as an exception. Students have no right to choose and speak on substantive issues such as whether to agree to borrow, how much they are willing to borrow and how long it will take to repay. Only the school has the final say Article 4 of the General Principles of Civil Law stipulates that civil acts should follow the principles of voluntariness and fairness. Obviously, the school's practice runs counter to these principles.

The second and more important problem is that there is an illegal administrative fund-raising relationship behind the loan relationship between schools and students. The school carries out the intention of the administrative department of education, borrows money from students and lends it to the former. Schools only play an intermediary role in this illegal fund-raising relationship. The principle of administrative rule of law requires that there is no administration without law. For administrative acts, "the law cannot be done without authorization". In this case, the education administrative department only borrowed three normative documents, without the authorization of laws, regulations or rules. Therefore, this illegal fund-raising behavior violates the requirement of "administration according to law" put forward by the State Council's "Implementation Outline of Comprehensively Promoting Administration according to Law".

To sum up, the school should not only stop borrowing and pay off the borrowed items in time, but also the relevant departments should revoke the relevant documents according to law and not provide institutional excuses for illegal fund-raising.