1. Administrative legal responsibility for violating the education law
Administrative legal responsibility refers to the negative legal consequences of administrative violations caused by the violation of administrative legal norms by the subject of administrative legal relations. A considerable part of China's current education law takes the government and its education administrative department as one side, adjusting the administrative relationship in educational activities has the attribute of administrative law, and acts violating the education law have administrative illegality, so administrative legal responsibility is the most important legal responsibility for violating the education law.
According to the relevant education laws and regulations, there are two main ways to bear the administrative legal responsibility for violating the education law: administrative punishment and administrative punishment.
(1) Administrative sanction
Administrative sanctions are disciplinary measures taken by administrative organs against illegal staff, or by administrative supervisory organs against administrative organs.
According to 1957, the Interim Provisions on Rewards and Punishment of State Administrative Organs in Municipalities Directly under the Central Government of the State Council, if the state administrative organs commit the following illegal and dereliction of duty, which does not constitute a crime, they may be given disciplinary sanctions:
A. Violating national policies, laws, decrees and government resolutions, orders and rules;
B. dereliction of duty, delaying work;
C. Violating democratic centralism, disobeying decisions and orders of superiors, suppressing criticism and taking revenge;
D. practise fraud and cheat the organization;
E. stir up trouble and undermine unity;
F. lose your position and cover up the bad guys;
G. corruption and theft of state property;
H. wasting state-owned assets and damaging public finances;
First, abuse of power, infringe upon the interests of the people, damage the contact between state organs and the people;
J. divulging state secrets;
K. Corrupt, damaging the prestige of state organs;
Other acts in violation of state discipline.
The specific ways of administrative punishment include the following: warning, demerit recording, gross demerit recording, demotion, dismissal, expulsion for probation, expulsion, etc.
(2) Administrative punishment
Administrative punishment is a disciplinary action and sanction given by a specific state administrative organ or other organizations authorized by law to a party who violates a specific administrative regulation but does not constitute a crime. It is a specific administrative act of a specific state administrative organ or other organizations authorized by law to manage and perform the function of maintaining public order. Administrative punishment includes the following meanings:
A. administrative punishment is the behavior of administrative organs. This makes it different from civil punishment and criminal punishment. Because both criminal punishment and civil punishment are made by the people's court.
Although administrative punishment is made by administrative organs, not all organs have the power of administrative punishment. Administrative punishment is a kind of power. Only the administrative organs that have the right to punish according to laws and regulations can implement administrative punishment. [Page]
B. Administrative punishment is the punishment for the administrative counterpart. This distinguishes it from administrative punishment.
C. Administrative punishment is the punishment for administrative counterpart's violation of administrative laws and regulations. Only acts that must be punished according to laws and regulations can be punished, and acts that are not stipulated by laws and regulations cannot be punished.
D. Administrative punishment can only be taken. Administrative punishment can only be imposed on those illegal acts that are minor and do not constitute a crime. Once an administrative illegal act goes beyond the scope of administrative management and constitutes a criminal act, it should be given criminal sanctions.
According to the content of administrative punishment, administrative punishment can be divided into mental punishment, property punishment, personal punishment and behavior punishment.
Mental punishment is a way to bear the administrative legal responsibility that affects reputation. It contains the nature of property and personal freedom, and its purpose is to attract the mental attention of criminals. Its main forms are: warning, informed criticism, eliminating adverse effects, etc.
Property punishment requires the actor to bear property responsibility, that is, to punish illegal acts by economic means. Its main forms are: fines, confiscation, payment of punitive and compensatory fees, etc.
Behavior punishment is a kind of punishment that deprives or restricts the specific behavior ability of the administrative violator. Its main forms are: stop production, suspend business, rectify within a time limit, and close down enterprises; Revoking the license, stopping or delaying the issuance of the license, withholding or revoking the business license; Detain or revoke the job certificate and driver's license; Disqualification; Order to return unqualified products, etc.
Personal punishment is to restrict the personal freedom of administrative offenders. Such as administrative detention and reeducation through labor.
2. Civil legal liability for violating the education law
The civil legal liability for violating the education law refers to the civil legal liability that the subjects of educational legal relations should bear according to law because they violate the provisions of the education law and undermine the normal property relations or personal relations between equal subjects. This is a kind of responsibility with property responsibility as the main content.
The principle of article 8 1 of the Education Law stipulates the civil liability for violating the Education Law.
3. Criminal legal responsibility for violating the education law
The criminal legal responsibility for violating the education law refers to the legal consequences that the subject of the education legal relationship must bear when violating the education law and the criminal law. The way to bear this responsibility is criminal sanctions, that is, punishment.
Articles 71, 72, 73 and 76 of the Education Law stipulate that criminal responsibility shall be investigated according to law for acts of misappropriating or deducting education funds, disrupting the order of school education and teaching, destroying school buildings, venues and other property, and engaging in malpractices for personal gain in enrollment. Article 16 of the Compulsory Education Law and Chapter 7 of its implementing rules stipulate that the following acts shall be investigated for criminal responsibility according to law: (1) those who occupy, deduct or misappropriate compulsory education funds; (two) disturbing the teaching order of compulsory education schools, and the circumstances are serious; (three) if the circumstances are serious, occupy or destroy the school buildings, venues and equipment; (four) insulting and beating teachers and students, if the circumstances are serious; (five) the circumstances of corporal punishment of students are serious; (6) Dereliction of duty leads to the collapse of school buildings, causing casualties among teachers and students, and the circumstances are serious. [Page]
"Serious circumstances" is a necessary condition for investigating the criminal responsibility of the above-mentioned illegal acts, but its meaning is different in different acts.
In practice, there is not only one way to investigate legal responsibility for violations of educational laws and regulations. For example, criminal legal liability or civil legal liability can be investigated at the same time as administrative liability, and the three forms can also be merged. For example, teachers who severely punish students can be investigated for criminal responsibility and administrative responsibility.