China live broadcast on August 7th, the National People's Congress Standing Committee (NPCSC) Law Commission held a press conference this morning 10. The spokesman, Comrade Zang Tiewei, introduced the legislative work and answered questions from reporters. The following is a record of relevant content:
All-media reporter of Legal Daily:
The recent college entrance examination impersonation incident has aroused widespread concern in society. Is there any specific provision for this kind of behavior in the current law? Will the legislature respond to this in the next revision of the criminal law? Thank you.
Zang Tiewei:
The recent impostor incidents in some places are very bad in nature, which not only bring irreparable losses to the displaced persons, but also affect and change their life trajectory, seriously impact the bottom line of educational fairness and challenge the bottom line of social fairness and justice. Some parties are suspected of violating discipline and discipline, while others are suspected of committing crimes. We must resolutely punish according to the law and regulations, resolutely safeguard the authority and credibility of the education examination system, and effectively ensure that everyone enjoys equal opportunities for growth and success.
Combining with the legislative work, I mainly introduce two aspects.
First, there are generally laws to deal with such incidents. The right to education is the basic right of citizens stipulated in our constitution. Article 46 1 of the Constitution stipulates that the people and citizens of China have the right and obligation to receive education. The National People's Congress Standing Committee (NPCSC) attaches great importance to maintaining education fairness and examination fairness. According to the Constitution, a series of laws such as the Education Law, the Compulsory Education Law, the Higher Education Law, the Vocational Education Law, the Private Education Promotion Law, the Criminal Law, the Civil Code, and the Law on the Protection of Minors have been enacted to protect citizens' right to education, and to stipulate corresponding legal responsibilities for acts that infringe upon citizens' legitimate rights and interests and undermine the fairness of education and examinations. Relevant parties should make full use of legal provisions, not only strictly punish relevant illegal and criminal acts according to law, but also fully protect the legitimate rights and interests of imposters through various legal channels according to law, and strive to make the people feel fair and just in every case.
The first is civil liability. China's Civil Code and the current General Principles of Civil Law clearly stipulate that the name right of natural persons is protected by law, and no organization or individual may infringe upon it in any way. The act of impersonation is a tort that directly infringes on the name right of the impostor, and the tort consequences include direct economic loss, indirect economic loss and mental damage. According to the provisions of the Civil Code and the current Tort Liability Law, the infringed may legally request the infringer who participated in the impersonation to bear the following civil liabilities: (1) The impostor stops infringing on the right to name; (2) All infringers apologize to them; (3) Each * * * shall jointly and severally compensate the infringer for direct and indirect economic losses; (4) Each * * * and the infringer * * * compensate the spiritual damages.
Secondly, administrative responsibility. China's current education law and higher education law clearly stipulate the rights and obligations of schools and other educational institutions, teachers and other educators and educatees, as well as the legal responsibilities for related illegal acts. It is clear that schools and other educational institutions have the right to exercise the management of students' status, refuse to illegally interfere with education and teaching activities, and fulfill their obligations to safeguard the legitimate rights and interests of the educated. The newly revised Education Law of 20 15 clearly stipulates the legal responsibility for the illegal acts related to the national education examination, which is of great significance for ensuring the safety of the examination, maintaining the order of the examination, cracking down on and curbing the illegal acts of the examination and maintaining the fairness of the examination.
According to the provisions of the Education Law, those who practice favoritism and malpractice in the enrollment work shall be ordered by the education administrative department or other relevant administrative departments to return the enrolled personnel, and the relevant responsible personnel shall be punished according to law. If the school recruits students in violation of the relevant provisions of the state, it shall be ordered to return the enrolled students and refund the fees charged; Give a warning, a fine, and order to stop the relevant enrollment qualifications for more than one year and less than three years, until the enrollment qualifications are revoked, the school license is revoked, and the relevant responsible personnel are punished according to law. If a degree certificate, academic certificate or other academic certificate is obtained by cheating, plagiarism or other fraudulent acts or other improper means, the issuing institution shall revoke the relevant certificate.
In addition to the above-mentioned legal provisions, the Interim Measures for Handling Illegal Enrollment in Colleges and Universities, the Regulations on the Management of Students in Colleges and Universities, and the Measures for Handling Illegal Enrollment in National Education Examinations have made special provisions on the identification and handling of candidates' impersonation or illegal enrollment qualifications or student status, and illegal enrollment by relevant departments or staff.
Finally, criminal responsibility. Generally speaking, impersonating college students has a long criminal chain, involving multiple links and may commit crimes many times. Judicial organs can apply the relevant provisions of the criminal law to punish such crimes. For example, those who steal other people's identity documents and other documents that can be used to prove their identity according to law in activities that should provide identity certificates according to state regulations can be convicted and punished in accordance with the provisions of Article 280-1 of the Criminal Law.
If there is dereliction of duty in the enrollment work, Article 397 of the Criminal Law "Crime of Abuse of Power", "Crime of Dereliction of Duty" and Article 4 18 "Crime of Recruiting civil servants and students for selfish ends" can be applied for conviction and punishment.
Whoever commits the crime of corruption such as accepting bribes may be convicted and punished in accordance with Articles 163, 164, 385 and 389 of the Criminal Law.
Whoever forges student status files, official documents, certificates and seals can be convicted and punished for the crime of forging, altering or buying official documents, certificates and seals of state organs and the crime of forging, altering or buying and selling identity documents.
Those who intercept or conceal others' admission notices can be convicted and punished according to Article 252 of the Criminal Law "Crime of infringing on freedom of communication" and Article 253 "Crime of opening, concealing or destroying mail and telegrams without permission".
In other links such as recruitment, there are behaviors such as leaking relevant information of candidates and tampering with electronic data information of candidates. Article 253- 1 of the Criminal Law can be applied to the conviction and punishment of the crime of infringing citizens' personal information, article 285 of the Criminal Law of the Criminal Law of the Criminal Law of the Criminal Law of the Criminal Law of the Criminal Law of the Criminal Law of the Criminal Law of the Criminal Law of the Criminal Law of the Criminal Law of the Criminal Law of the Criminal Law of the Criminal Law of the People's Republic of China.
Second, continue to improve the relevant legal system. The incident of impersonating a university has aroused great concern from all sides, and some members of the Standing Committee, deputies to the National People's Congress and educational legal experts have also put forward suggestions on improving laws and regulations. We will conscientiously implement the decision of the CPC Central Committee and the deployment of the National People's Congress Standing Committee (NPCSC). We should not only urge relevant parties to strictly enforce laws and regulations and severely punish relevant illegal and criminal acts, but also improve relevant legal systems, take the most stringent measures, plug all kinds of loopholes, and resolutely prevent and stop things that undermine educational fairness. In the next step, we will actively study the problem of punishing impersonation according to the deliberation opinions of the National People's Congress Standing Committee (NPCSC) and the opinions of the public, and further improve the revision and improvement of the draft amendment (11) to the Criminal Law. In addition, we will seriously study, revise and improve the education law and other relevant laws with relevant parties, strengthen top-level design and overall planning, improve legal responsibilities, increase penalties, and earnestly safeguard the fairness and justice of national education examination enrollment. Thank you.