1, scope of application
These Measures shall apply to natural persons, legal persons or other organizations that recruit preschool children and primary and secondary school students over 3 years old for the society and illegally carry out off-campus training. The Measures clarify the general requirements, implementing organs, jurisdiction, types and procedures of administrative punishment for off-campus training.
2. General requirements
The "Measures" require that the administrative punishment for off-campus training should follow the principles of fairness and openness, adhere to the combination of punishment and education, and combine leniency with severity, so that the facts are clear, the evidence is conclusive, the basis is correct, the procedures are legal and the punishment is appropriate.
3, the main punishment provisions
The "Measures" provide specific penalties for illegal activities of off-campus training institutions. For example, if an off-campus training institution has one of the following circumstances, the off-campus training department of the people's government at or above the county level shall order it to make corrections, give a warning or informed criticism; If the circumstances are serious, a fine of 50 thousand yuan shall be imposed:
Without obtaining a school license to carry out off-campus training; Carrying out off-campus training beyond the permitted scope; Failing to establish and improve the internal management system of training institutions; Employing persons who have not obtained the teacher qualification or passed the teacher qualification examination; There are acts of false propaganda and misleading students and parents.
Interpretation of Some Important Clauses in the Measures
1, the principle of "fairness and openness"
The Measures clearly require that the administrative punishment for off-campus training should follow the principles of fairness and openness. The principle of justice requires administrative organs to make clear facts, conclusive evidence, correct basis, legal procedure and appropriate punishment when imposing punishment. The principle of openness requires administrative organs to disclose the facts, reasons, basis and punishment decision of administrative punishment, so as to protect the parties' right to know and defend oneself.
2. The principle of "combining punishment with education"
The method clearly requires that the administrative punishment for off-campus training should adhere to the combination of punishment and education. Punishment is to punish illegal acts, and education is to prevent illegal acts. The administrative punishment of off-campus training should give consideration to punishment and educational functions, and at the same time educate the parties and urge them to correct their wrong behavior.
3. The principle of "tempering justice with mercy"
The Measures clearly require that the administrative punishment for off-campus training should adhere to the principle of combining leniency with severity. According to the nature, circumstances, degree of harm and other factors of illegal acts, different punishments are given to illegal acts. For minor violations, you can give a warning or informed criticism; Heavy penalties can be imposed on illegal acts that are serious or harmful.
The promulgation and implementation of the Measures is of great significance to standardize the market order of off-campus training and protect the legitimate rights and interests of students. Off-campus training institutions should run schools according to law, abide by relevant regulations, and effectively protect the healthy growth of students.