Offensive offline training or criminal punishment
□ Our reporter Xu Weilun
□ Correspondent Wang Yunan Zhang Hao
In order to effectively block the spread of the epidemic, the Beijing Municipal Education Commission issued an announcement as early as January 26, calling for the suspension of all offline courses and collective activities of various off-school training institutions in the city. However, there are still a few training institutions that do not implement the regulations, organize offline training without authorization, and are eventually punished according to law. In this regard, the judge of the Beijing Second Intermediate People's Court reminded that unauthorized execution or participation in offline training during the epidemic prevention and control may be punished with punishment.
On January 17, Tianjingheng International Education Consulting (Beijing) Co., Ltd. received 72 foreign high school students from Beijing to provide painting training services, and on the 29th of the same month, the above students and 10 teachers were organized to paint at the business site. Practice and training were stopped by relevant departments on February 1st, for a total of 4 days of training. Because the education and training institution ran unauthorized pre-examination counseling training business activities during the period of epidemic prevention and control, which violated the suspension requirements. On February 3, the Chaoyang District Market Supervision Bureau launched an investigation together with the district education commission and suspended its business license. Administrative penalties.
In this regard, the judge stated that during the prevention and control of the new crown pneumonia epidemic, local governments at or above the county level may take emergency measures such as suspension of classes and announce that relevant institutions will be subject to administrative penalties for violations of regulations, and those who violate the criminal law will be investigated for criminal responsibility by units and individuals. Undertake civil liability. According to the relevant provisions of the Law on Prevention and Treatment of Infectious Diseases, Criminal Law, Administrative Penalty Law, Company Law, Emergency Response Law, etc., violations of the regulations, unauthorized start of classes, resumption of classes, and other gathering activities can be ordered immediately The suspension of business shall be cancelled by the market supervision and management department according to law. Institutions conducting training without a certificate or training in violation of regulations shall be immediately banned according to law. If a training institution organizes teaching in violation of regulations, which constitutes a violation of public security management, the public security organ shall be punished in accordance with the law. If the training institution organizes courses in violation of regulations and refuses to implement the preventive and control measures proposed by the health and epidemic prevention agency in accordance with the Law on Prevention and Control of Infectious Diseases, causing the risk of epidemic spread or serious risk of transmission, which may constitute a crime against the prevention and control of infectious diseases, training institutions and The person in charge directly responsible and other persons directly responsible shall be held responsible for the corresponding criminal liability.
The judge specifically reminded that those who participated in training violations may also be punished for public security and even be held criminally responsible. If any of the trainers who come to Beijing comes from Hubei (Wuhan) and fails to fulfill the relevant protective duties, which constitutes a violation of public security management, they will be punished by the public security organs according to law. If there is a confirmed new coronary pneumonia patient or pathogen carrier who has been diagnosed before leaving Beijing for isolation treatment without authorization, or it is suspected that the patient's isolation period has expired without authorization for isolation treatment, which may cause the spread of new coronary pneumonia, it may constitute a dangerous method. The crime of public safety; if the negligence causes the spread of new-type coronary pneumonia, the circumstances are serious and endanger public safety, which may constitute the crime of negligent endangering public safety in a dangerous way. The aforementioned persons may therefore be held criminally responsible.
The judge suggested that during the epidemic prevention and control period, the government made a decision to postpone school start and suspend offline training activities of off-campus training institutions. Strictly cracking down on such violations in accordance with the law is to safeguard the lives and health of the people and win the battle against epidemic prevention and control. For important measures, schools, training institutions, students and parents should give understanding and support to fulfill their legal obligations. At the same time, we should also see that the education department is mobilizing the whole society to integrate educational resources and build online education platforms. Students can carry out online learning through the Internet, television, mobile terminals and other means to achieve "non-stop classes."