Chinanews.com, February 9. According to the website of the Ministry of Education, the Ministry of Education, the Central Editorial Office, and the Ministry of Justice jointly issued the "Opinions on Strengthening Educational Administrative Law Enforcement and Further Promoting Comprehensive Management of Off-campus Training". Investigation force.
Local education administrative departments should, in conjunction with relevant departments, regularly sort out the outstanding problems that the masses have strongly reflected, deploy centralized special rectification in a timely manner, and promptly report typical cases of violations of laws and regulations in off-campus training.
For those with high potential risks that may cause serious adverse consequences, it is necessary to strengthen daily supervision and law enforcement inspections to prevent and resolve illegal risks from the source.
Establish and improve the system of punitive compensation and huge fines for serious violations of the law, as well as a lifelong ban on entry, so that serious offenders will pay their due price.
Here is the full text:
Ministry of Education Central Office of the Ministry of Justice on Strengthening Educational Administrative Law Enforcement
Opinions on further promoting the comprehensive management of off-campus training
Education Supervision [2022] No. 1
Departments of Education (Education Commissions), Party Committee Editorial Offices, and Justice Departments (bureaus) of all provinces, autonomous regions, and municipalities directly under the Central Government, Education Bureau, Party Committee Editorial Office, and Justice Bureau of Xinjiang Production and Construction Corps:
In order to thoroughly implement the opinions of the General Office of the CPC Central Committee and the General Office of the State Council on Further Reducing the Burden of Homework and Off-campus Training for Students in Compulsory Education and the Implementation Outline for the Construction of a Government Ruled by Law (2021-2025), strengthen the supervision and administration of off-campus training. Law enforcement work, and continuously improve the governance capacity and level of off-campus training, the following opinions are hereby offered.
1. General requirements
1. Guiding ideology.
Adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, fully implement the party's educational policy, implement the fundamental task of building morality and cultivate people, strengthen the administrative law enforcement work of off-campus training supervision, comprehensively build an off-campus training law enforcement system, and comprehensively improve off-campus training supervision and administrative law enforcement. Quality and efficiency, strictly investigate and punish off-campus training violations in accordance with the law, ensure that the "double reduction" work is solid and effective, and strive to provide education that the people are satisfied with.
2. Working principles.
Adhere to the overall leadership of the party to ensure the correct direction of administrative law enforcement in off-campus training supervision; adhere to the people-centered, law enforcement actions must serve the people, be responsible to the people, and be supervised by the people; adhere to the administration according to law, establish and improve off-campus training law enforcement forces, and implement strict norms Fair and civilized law enforcement requirements, improve the supervision mechanism for off-campus training; adhere to overall planning, strengthen departmental coordination, and promote joint law enforcement.
3. Work goals.
By the end of 2022, the education administrative department has basically established an administrative law enforcement system for the supervision of off-campus training, the overall coordination mechanism between relevant departments at all levels has been basically rationalized, the law enforcement force has been significantly strengthened, and the quality and efficiency of law enforcement has been greatly improved.
By 2024, an administrative law enforcement system for off-campus training supervision with clear powers and responsibilities, standardized management, smooth operation, strong guarantees and adequate supervision will be basically established.
2. Improve the existing mechanism of off-campus training supervision, administrative law enforcement
4. Adhere to the division of labor and cooperation.
Under the unified leadership of the party committee and the government, all relevant departments should clarify their responsibilities, perform their own duties, divide labor and cooperate, and promote coordination between superiors and subordinates, between the same level, and between different places. Keep exploring.
Education administrative departments at all levels should strengthen the organization and coordination of comprehensive law enforcement, joint law enforcement, and collaborative law enforcement for off-campus training, focusing on unlicensed operations, violation of training content, training time, training personnel, training fee regulations, illegally holding competitions and other violations of laws and regulations. Conduct supervision and law enforcement according to the situation, and take the lead in organizing relevant departments to carry out joint law enforcement.
Market supervision, Internet information, public security, sports, culture and tourism, and other relevant departments shall, within their respective responsibilities, conduct separate or joint supervision over issues involving off-campus training.
5. Improve the coordination mechanism.
In accordance with the principle of "whoever approves is responsible, and whoever is in charge is responsible", all localities should improve the connection mechanism between approval, supervision, and punishment, adhere to the principle of "license before license", and standardize the approval procedures and licensing content of off-campus training institutions.
To implement comprehensive examination and approval reform, prior written consent from the education administrative department at the same level must be obtained.
Accelerate the realization of the interconnection of illegal clues between departments, the exchange of supervision standards, and the mutual recognition of processing results, and promote joint law enforcement on the spot.
Establish a linking mechanism between administrative law enforcement and criminal justice for off-campus training, and improve systems for education, public security, procuratorial, and judicial organs to share information, report cases, and transfer cases.
6. Intensify investigation and punishment.
Local education administrative departments should work with relevant departments to regularly sort out the outstanding problems that the masses have strongly reflected, deploy centralized special rectification in a timely manner, and promptly report typical cases of violations of laws and regulations in off-campus training.
For those with high potential risks that may cause serious adverse consequences, it is necessary to strengthen daily supervision and law enforcement inspections to prevent and resolve illegal risks from the source.
Establish and improve the system of punitive compensation and huge fines for serious violations of the law, as well as a lifelong ban on entry, so that serious offenders will pay their due price.
For off-campus training institutions and website platforms that conduct training in violation of laws and regulations, in accordance with the principle of "find one, deal with it", take punishment measures in accordance with laws and regulations.
Unblock the channels for complaint acceptance, follow-up inquiry, and result feedback for violations of laws and regulations, and reward and strictly protect those who report serious violations of laws and regulations and major risks and hidden dangers in accordance with the law.
3. Strengthening the administrative law enforcement responsibilities of the education administrative department for off-campus training supervision
7. Adhere to legal duties must be performed.
The administrative law enforcement of off-campus training supervision is the statutory duty of education administrative departments at all levels to perform the government's management of off-campus training affairs.
The Education Law of the People's Republic of China, the Compulsory Education Law of the People's Republic of China, the Administrative Punishment Law of the People's Republic of China, the Law of the People's Republic of China on the Protection of Minors, the Law of the People's Republic of China on the Promotion of Private Education, the Private Education of the People's Republic of China Laws and regulations such as the Implementation Regulations of the Promotion Law and policy documents such as the Opinions of the Ministry of Education on Strengthening Educational Administrative Law Enforcement require that legal responsibilities must be fulfilled, and the awareness and ability to implement administrative inspection, administrative punishment, and administrative coercion in accordance with the law are effectively enhanced.
8. Clarify the powers and responsibilities at all levels.
The Ministry of Education is mainly responsible for formulating and supervising the implementation of the administrative law enforcement standards and norms for the supervision of off-campus training, guiding and supervising the comprehensive law enforcement of off-campus training across the country, and organizing the investigation and supervision of major national and cross-regional off-campus training cases.
The provincial education administrative department is mainly responsible for formulating the implementation plan of the local off-campus training supervision administrative law enforcement work, supervising, guiding, organizing and coordinating the off-campus training supervision administrative law enforcement work within the jurisdiction, investigating and dealing with complex cases within the jurisdiction or with significant influence and online training for approval Institutional cases.
The municipal education administrative department is mainly responsible for supervising, guiding, organizing and coordinating the administrative law enforcement work of off-campus training supervision within its jurisdiction.
County-level education administrative departments are mainly responsible for investigating and punishing off-campus training violations in their respective regions.
The institutions responsible for the supervision of off-campus training in the administrative departments of education at all levels shall undertake the specific administrative and law enforcement functions for the supervision of off-campus training.
9. Clarify the level of enforcement.
In accordance with the principles of territorial management and lowering the center of gravity, daily law enforcement inspections and general illegal cases are mainly investigated and punished at the county level.
In principle, there is only one law enforcement level for cities divided into districts and municipal districts, and law enforcement at the district level is the main law enforcement in principle.
Consolidate the responsibilities of townships and streets, incorporate off-campus training governance into village (community) grid management, and carry out comprehensive governance.
Cross-regional violations of laws and regulations shall be jointly investigated and dealt with by the relevant departments in the places where the off-campus training institutions approve and where the violations occur.
Fourth, strengthen the administrative law enforcement force of off-campus training supervision
10. Speed up institutional setup.
Local education administrative departments should, in light of local conditions, coordinate and optimize institutional functions and resource allocation, establish and improve off-campus training supervision institutions, undertake relevant administrative law enforcement work in their respective regions, and effectively strengthen the administrative law enforcement capabilities for off-campus training supervision.
11. Strengthen the power equipment.
Local education administrative departments should scientifically set up posts, coordinate resources from all parties, enrich front-line law enforcement personnel, and allocate strong working forces to ensure that off-campus training supervision and law enforcement work is implemented.
Higher-level agencies can call lower-level law enforcement forces according to procedures.
12. Improve personnel quality.
It is necessary to establish and improve the management system for the qualifications of law enforcement personnel at all levels, and strictly implement the law enforcement personnel to work with certificates.
Carry out special training for law enforcement personnel, focusing on training relevant legal knowledge, improving business capabilities, and enhancing the professional level of law enforcement in a standardized, fair and civilized manner.
5. Improve the administrative law enforcement ability of off-campus training supervision
13. Develop an enforcement checklist.
According to the current laws, regulations and policies, the Ministry of Education has sorted out the off-campus training and law enforcement functions of education administrative departments at all levels, formulated and issued the "Guiding Catalogue of Off-campus Training Supervision Administrative Law Enforcement Matters", and implemented dynamic adjustments.
The local education administrative departments have refined the local "Guiding Catalogue of Administrative Law Enforcement Matters for Supervision of Off-Campus Training" according to local legislation.
14. Standardize the law enforcement process.
Local education administrative departments should fully implement and strictly implement the system of publicity of off-campus training supervision, administrative law enforcement, records of the whole process of law enforcement, and legal review of major law enforcement decisions.
Formulate and improve administrative law enforcement procedures, unify the basic standards for administrative law enforcement files and documents, and improve the standardization of law enforcement files and documents.
Improve the law enforcement discretion benchmark system, clarify the duty basis, work procedures, performance requirements, handling time limits, and behavioral norms for law enforcement matters, eliminate vague clauses in administrative law enforcement, reduce discretionary power, and promote the same standard punishment for the same matter under the same circumstances. Differential enforcement.
Establish accountability and due diligence exemption systems.
Fully implement the "double random and one open" supervision.
15. Innovate law enforcement methods.
The Ministry of Education and the provincial education administrative departments shall establish a guidance system for administrative law enforcement cases, and regularly issue guidance cases.
All localities should explore and promote the "Internet + law enforcement" model to improve the level of law enforcement.
Explore ways to supervise credit, and include major illegal and dishonest acts into the scope of punishment for dishonesty.
6. Strengthening off-campus training supervision, administrative law enforcement guarantees
16. Strengthen the guarantee of conditions.
The local education administrative departments should work with the establishment, judicial and other departments to improve the work guarantee mechanism.
Promote the inclusion of off-campus training, supervision, administrative law enforcement work funds into the financial budget management at the same level, and strengthen the guarantee of relevant funds.
Accelerate the formulation of standards for off-campus training and supervision of administrative law enforcement equipment at different levels, adjust law enforcement catalogues, replace law enforcement certificates, reasonably allocate necessary equipment for law enforcement, such as transportation, communication, and law enforcement recorders, establish a law enforcement information platform, improve law enforcement conditions, and ensure law enforcement needs. , to protect the safety of law enforcement officers.
17. Promote supervisory accountability.
Strictly implement the "Accountability Measures for Education Supervision", and incorporate off-campus training governance into the scope of education supervision.
Encourage local governments to include the strengthening of off-campus training supervision, administrative law enforcement, and the promotion of comprehensive management of off-campus training into the important agenda, formulate implementation plans, and consolidate responsibilities at various levels.
If the implementation of the central decision-making and deployment is not effective, the off-campus training governance is not in place, and there are other serious violations of laws and regulations, the local people's governments at all levels and relevant functional departments and their relevant responsible persons under supervision shall be strictly held accountable in accordance with the law.
Give full play to the role of school inspector, and actively carry out daily supervision of off-campus training.
18. Improve the supervision mechanism.
All local education administrative departments should improve the supervision mechanism of off-campus training supervision and law enforcement, and strengthen and improve the law enforcement case file management and evaluation, law enforcement assessment and evaluation and other systems.
It is necessary to fully implement the legal popularization responsibility system of "who enforces the law and popularizes the law", and cooperates with relevant departments to do a good job of popularizing the law on law enforcement matters, and strengthen the interpretation of the law by case.
It is necessary to establish a team of off-campus training social supervisors, broaden the channels of social supervision, and explore the mode of public participation.
Ministry of Education, Central Office, Ministry of Justice
January 25, 2022