Don't let your child lose at the starting line. " Merchants use this sentence to "deal with" parents, who are easy to care about their children's affairs, which also gives bad businesses an opportunity. Not long ago, Ms. Geng in Beijing was caught in the embarrassing situation of "running away" from English education institutions. She enrolled her daughter in the "Shakespeare Children's Family English" training class taught by foreign teachers. The latter promised to issue the corresponding electronic contract, but the teaching has already started, and Ms. Geng has not pursued it. Unexpectedly, the other party actually ran away.

Previously, in Guangzhou, Shenzhen, Shanghai, Beijing and other places, students were unable to attend classes, and teachers postponed classes for various reasons. Soon after, parents everywhere were informed that the school was declared bankrupt because of poor management. The contract and expenses of Shakespeare's children's family English are all completed through micro-stores. Some parents found that the original electronic contract was signed by "Shenzhen Shakespeare Education Consulting Co., Ltd.", later changed to "Shanghai Mutual Application Education Technology Co., Ltd." and finally changed to "Guangzhou Shakespeare Education Consulting Co., Ltd.". Shortly before declaring bankruptcy, the agency was still promoting it with great fanfare, and there were also large-scale personnel changes, including legal representatives.

On the one hand, Ms. Geng doesn't have a contract, on the other hand, she can't contact any staff of the organization. She called the Beijing TV Station "When the Rule of Law is Running" for help. Lawyer Ren pointed out that from a civil point of view, "Shakespeare's Children's Family English" has constituted a breach of contract, and it was still widely publicized shortly before it was declared bankrupt, and the situation of wage arrears for employees has emerged. Obviously, it was unable to perform the contract at that time, so it was subjectively motivated by fraud. Although Ms. Geng does not have a contract at present, the previous contract and other parents' contracts can be used as valid evidence. Therefore, Ms. Geng should go to the public security organ to report the case, start the criminal case procedure as soon as possible, and go directly to the court to sue the other party for breach of contract.

Lawyers reminded that unscrupulous merchants often use their parents' psychological induction and even cheat. Parents should be rational when spending, and pay attention to asking for contracts and invoices. In the event of a dispute, they can effectively safeguard their legitimate rights and interests with legal weapons.

Reference law

Article 107 of the Contract Law

If one party fails to perform the contractual obligations or fails to meet the contractual obligations, it shall be liable for breach of contract, such as continuing to perform, taking remedial measures or compensating for losses.

Article 266 of the Criminal Law of People's Republic of China (PRC)

Whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.

Recently, the author accepted the entrustment of dozens of parents to deal with the problem of tuition recovery in several education and training institutions. Now the author summarizes his own handling experience as follows, hoping to be useful to parents of students.

First, the impact of the epidemic, education and training institutions run frequently.

Affected by the epidemic this year, the education market is in chaos, and it is no longer news that various training institutions have run away. Of course, it is also helpless for training institutions to run. I don't want to discuss the reasons why training institutions run away, because it is meaningless. I just want to say briefly that some training institutions can quit gracefully, while others can't. They can only avoid the problem by escaping, which is not the fundamental solution to the problem.

As parents of students, they are not unreasonable people. The tuition they pay is also their hard-earned money. It is understandable that they want their hard-earned money back. At the same time, training institutions encounter natural disasters such as epidemics. As parents of students, you can understand the training institutions, not that you can't understand them, but running away is not the solution to the problem.

If the training institutions can face up to the problems and communicate with the parents of students normally, it is not that they can't get their parents' understanding, but they choose to escape, refuse to communicate with their parents, and throw all the problems to the society, the government, the public security law and so on. Of course, running has become the last choice of many people and a habit.

Through the attitude of their training institutions to deal with problems, we can see that they don't really run training institutions for education, but for making money, and making money is their only purpose. When they want to escape, they will take a tuition fee and ask their parents to pay a tuition fee for various reasons, and then escape. Anyway, the teaching venue is rented, and it will naturally be handed over to the landlord when it expires. As for other issues, they will be handed over to government departments or judicial departments, but these departments are also very busy and have no time to deal with parents' demands. On the one hand, they are really busy, on the other hand, because the amount is too small and scattered, parents' demands are often ignored.

Second, lawyers teach you how to defend your rights.

Are educational and training institutions suspected of committing crimes after running away? What constitutes a crime? If it does not constitute a crime, should it be prosecuted? Litigation can win the lawsuit, but can you get the money back? These are all problems in the process of safeguarding rights.

1, whether the establishment of a training institution constitutes a crime. Generally speaking, training institutions do run schools, but because of the epidemic, they can't continue to operate and run away. In this case, it will definitely not constitute a crime. There is only one situation, that is, in the process of running a school, the training institution is not serious about running a school, or wants to give up running a school. In this case, it still publicizes, continues to expand its scale, continues to recruit students, and continues to ask parents of students to pay high tuition fees and run away after collecting the fees. In this case, it is suspected to constitute a crime. But how to prove this requires parents to collect evidence. If there is no evidence, then running a school is a normal business problem and the police will not file a criminal case. So it's no use looking for the police, because there will be no criminal cases, so it's hopeless to ask for money back through the police.

2, to the court, won the lawsuit and lost money. This kind of case, from the perspective of civil litigation, is very simple. There is a contractual relationship between parents and training institutions, and they have paid relevant tuition fees, but they have not attended classes. In this case, the training institution should refund the fee, which is appropriate. Therefore, the lawsuit should be won.

However, if you win the lawsuit, can you get your money back? Generally, such training institutions run schools in the name of companies, and have not obtained corresponding school licenses. In this case, the education commission and other regulatory authorities can not supervise. Although the education supervision department has tried various methods to supervise these training institutions, they are generally passive in law enforcement, and ordinary people do not sue officials or investigate them. Therefore, many institutions that run schools in the name of companies do not have school licenses. Because it is too difficult to get a school license. In this case, these companies basically have no assets, the venue is rented and the personnel are hired. Running away is so simple that they can't recover the money after winning the lawsuit.

3, you can complain to the education regulatory agencies, to investigate and deal with this illegal school behavior. Since the police don't file a case, if it is difficult to get the money back through a lawsuit, the company can only be blacklisted at most. None of these methods can achieve the goal of getting money back from parents. Of course, many parents say that if they can't get their money back, they can't make them feel better. If you have to toss with them, you can only complain to the education supervision agency and demand to investigate and deal with this illegal school-running behavior.

Under normal circumstances, institutions that have obtained school licenses are supervised by the education department, and generally do not run away, because they are relatively formal and can obtain school licenses, which also shows that their strength is extraordinary and they can resist the impact brought by the epidemic. The key is that they still want to mix in the education and training industry, and they pay attention to reputation. Therefore, parents are also advised to choose formal training institutions when choosing training institutions, so as to protect their own interests relatively.

Here, the author suggests that parents of students can report complaints to the supervision departments of education and training institutions. It is illegal for these institutions to carry out school activities without obtaining school qualifications. Then, the education supervision department will coordinate the training institutions and strive to get the tuition back. If the education regulatory agency ignores it, then this case is basically hopeless. Parents can only unite to protect their rights, which can attract the attention of relevant departments and achieve their own goals.

Many parents will say that parents called the hotline 12345 and finally handed it over to the industrial and commercial bureau, which was unable to investigate their out-of-scope business problems. In short, safeguarding rights is difficult, and everyone needs to contribute their own strength.