The Education Law increases the illegal cost
of
imposters in enrollment
increases the length of the ban on examinations and implements a full chain of crackdowns
□ Our reporter Zhao Chenxi
In the future, by providing false materials and concealing facts are equivalent to deceptive means, fraudulent use of other people's names and enrollment qualifications to replace enrollment will face more severe penalties.
On April 29, the 28th meeting of the 13th National People's Congress Standing Committee voted to pass the National People's Congress Standing Committee's decision on amending the Education Law, which will come into effect on April 30.
One of the key points of this revision of the Education Law is to improve the legal responsibilities of imposters in enrollment and increase the punishment for imposters in enrollment.
Demonstrate the country's zero tolerance attitude
Once the case of imposter enrollment was exposed, it not only caused a disturbance in the national education system, but also continuously stimulated the sensitive nerves of the public.
In order to maintain educational equity and respond to social concerns, the draft amendment to the Education Law submitted to the 25th meeting of the 13th National People's Congress Standing Committee on January 20 focuses on solving the problem of imposter enrollment and improving related legal responsibilities.
On April 26, the second deliberation draft of the amendment to the Education Law was submitted to the 28th meeting of the 13th National People's Congress for deliberation.
Zang Tiewei, spokesperson for the Legal Work Committee of the Standing Committee of the National People's Congress, said that the second deliberation draft of the revised draft mainly improves the legal liability of imposters in enrollment.
The newly revised Education Law stipulates that in the process of recruiting students, those who abuse their power, neglect their duties, or engage in malpractices for personal gains shall be ordered by the education administrative department or other relevant administrative departments to return the recruited personnel who do not meet the enrollment requirements; the directly responsible supervisors and other Persons directly responsible shall be punished according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.
At the same time, it is also clarified that those who misappropriate or fraudulently use another person’s identity to replace others’ enrollment qualifications shall be ordered by the educational administrative department or other relevant administrative departments to revoke the enrollment qualifications and order to stop participating in the relevant national education examinations for two to five years.
It is worth noting that for those whose enrollment qualifications have been infringed on their replacement rights, the newly amended Education Law makes it clear that they can request the restoration of their enrollment qualifications.
Chu Zhaohui, a researcher at the Chinese Academy of Educational Sciences, has been paying attention to imposter enrollment cases in various places for many years. He pointed out in an interview with a reporter from the Rule of Law Daily that the nature of imposter enrollment cases is very bad and not only directly violates the education of the replaced students. The right to deprive them of the opportunity to enroll, even worsen the normal examination selection order of the entire society, and severely undermine the fairness of education and social integrity.
The newly revised Education Law uses a relatively large space to further refine the punishment of imposters in enrollment, increase the cost of violations, and demonstrate the state's zero tolerance and resolute crackdown on such behaviors.
Stricter and finer full-chain strikes
Compared with the first review of the draft revision of the Education Law, Chu Zhaohui believes that the newly revised Education Law embodies the characteristics of "stricter and more detailed" in the punishment of imposters in enrollment.
"Strictness" is embodied in the further increase in the period of ban on imposter students. Compared with the "more than one year and less than three years" stipulated in the first-review draft of the revised draft, the revised "two years and less than five years" is even higher. severe.
Chu Zhaohui pointed out that the phenomenon of imposter enrollment mainly occurs in the college entrance examination stage. Increasing the period of prohibition from taking the national education examination to two to five years will have a greater impact on imposters, and will give some chances to try to pass the black box operation. The students and parents who come to impostor enrollment play a deterrent effect and help to further strengthen the binding force of the law.
The "fine" is embodied in the entire chain of crackdowns on imposters in enrollment.
Enrollment involves multiple links such as examinations, registration, and enrollment. Therefore, the occurrence of imposter enrollment cases can never be done by one person. There may be problems in every link that may be touched, which will eventually lead to bad results.
Chu Zhaohui has studied several previous cases of imposter enrollment, and behind these cases there are a series of public officials assisting or even leading the operation of the black box.
However, in the previous cases of imposter enrollment, there are certain difficulties in the identification and punishment of public officials behind the scenes.
The newly revised Education Law adds relevant penalties for public officials who organize, instigate embezzlement or fraudulent use of other people’s identities, and replace others’ enrollment qualifications. In Chu Zhaohui’s view, this will help to crack down on behind-the-scenes and curb this from the root cause. Class behavior.
Chu Zhaohui pointed out that the newly revised Education Law stipulates that persons who embezzle or fraudulently use others' identities, substitute others for obtaining admission qualifications, collude with others, allow others to fraudulently use their names and admission qualifications to substitute for admissions, and organize and instruct public officials. In order to achieve clear legal responsibilities, the parties involved in all links of illegal activities are included, and the whole chain is attacked.
Effective connection with criminal law
Before the revision of the Education Law, the Criminal Law Amendment (11) that came into effect on March 1 also added the "impersonator crime", which stipulates the misappropriation and impersonation of the identity of others, and substitutes for the higher education qualifications obtained by others, and the employment qualifications of civil servants. Those who receive employment placement treatment shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or surveillance, and a fine.
Whoever organizes or instructs others to carry out the acts mentioned in the preceding paragraph shall be severely punished in accordance with the provisions of the preceding paragraph.
State functionaries who commit the acts mentioned in the preceding two paragraphs and constitute other crimes shall be punished in accordance with the provisions on the concurrent punishment of multiple crimes.
"The newly revised Education Law effectively connects with the criminal law in the regulation of imposter enrollment." Xiong Bingqi, Dean of the 21st Century Education Research Institute, pointed out that the impostor was expressed as "theft, fraudulent use of the identity of others, and the acquisition of others on behalf of others." "Enrollment qualifications" is to harmonize the expression of impostors with the Criminal Law Amendment (11) as much as possible.
It is worth noting that, compared with the relevant provisions of the Criminal Law Amendment (11), the newly revised Education Law is not limited to the act of "substituting others to obtain higher education qualifications", and the scope is relatively wider.
"The newly revised Education Law and the Criminal Law Amendment (11) will form an effective cooperation to fully and effectively crack down on imposters in school." Xiong Bingqi said.
In Chu Zhaohui’s view, increasing legal restraints and punishments can serve as a warning and deterrent to imposters and organizational personnel. However, compared with post-mortems, pre-prevention is equally important. If you want to completely eliminate the occurrence of imposters, It is necessary to further improve the procedures of examination and enrollment procedures.
Zhi Zhenfeng, an associate researcher at the Institute of Law of the Chinese Academy of Social Sciences, agrees.
Previous imposter admission cases mainly passed the college entrance qualification review through interception of false admission notices, forged or illegal student registration files, forged and altered household registration and resident ID cards, etc. Therefore, it is necessary to continuously increase the disclosure of information in each link. Intensity.
Zhi Zhenfeng believes that a lot of work in enrollment nowadays is carried out through electronic technology and the Internet. Compared with the past, the possibility of human intervention has been avoided in many links, and the information disclosure has been strengthened, which has also greatly reduced imposters. Space.
This edition of graphics/Li Xiaojun