Improve the governance system of primary and secondary schools, improve the protection mechanism of students' rights and interests

 ——The person in charge of the Department of Policy and Regulation of the Ministry of Education answered reporters' questions on the "Measures for the Appointment and Management of Vice Principals of the Rule of Law in Primary and Secondary Schools"

  On December 27, 2021, Minister of Education Huai Jinpeng signed Order No. 52 of the Ministry of Education of the People's Republic of China, promulgating the "Measures for the Appointment and Management of Vice Principals by Law in Primary and Secondary Schools" (hereinafter referred to as the "Measures"), effective from May 1, 2022 effective from today.

The person in charge of the Department of Policy and Regulation of the Ministry of Education answered questions from reporters on issues related to the "Measures".

 1. Q: Please briefly introduce the background and process of formulating the Measures?

  Answer: In 2003, the Central Committee for Comprehensive Management of Social Security, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of Education, and the Ministry of Justice jointly issued the "Opinions on Regulating the Duties and Selection and Management of Part-time Legal Vice Presidents".

Over the years, the part-time vice-principal system under the rule of law has played an active role in enhancing the protection of the rights and interests of teachers and students in schools, promoting the education of young people on the rule of law in the constitution, and maintaining public order in schools and surrounding areas.

At the same time, there are also some outstanding problems in the work: the unbalanced staffing of vice presidents for the rule of law, the unbalanced ability to perform their duties and responsibilities, the large turnover of personnel, the difficulty of timely replenishment, the lack of enthusiasm and initiative in performing their duties, and the insufficient role played.

The "Implementation Outline for the Construction of a Rule of Law Society (2020-2025)" issued by the Central Committee of the Communist Party of China clearly stated that "the system of vice presidents under the rule of law should be improved."

The newly revised "Law of the People's Republic of China on the Prevention of Juvenile Delinquency" also clearly stipulates the vice-principal of the rule of law.

The Central Political and Legal Committee also put forward work requirements.

The Ministry of Education, together with relevant departments, implements the spirit of the central government and legal provisions, and through the formulation of the "Measures", further improves the system of vice-principals under the rule of law, solves outstanding problems in practice, improves the governance system of primary and secondary schools, improves the protection mechanism for students' rights and interests, and promotes the health of minors. growing up.

  In 2021, the Ministry of Education formulated the draft measures on the basis of in-depth research, solicited opinions from education departments in various places, and formed the Measures after consultation with the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice. The order is promulgated and implemented.

 2. Q: How to define the concept of vice president of the rule of law and the scope of application of the "Measures"?

  Answer: Article 3 of the "Measures" clearly stipulates that the vice-principal of the rule of law refers to "recommended or appointed by the people's court, people's procuratorate, public security organ, judicial administrative department, hired by the education administrative department or school, and concurrently serves as a vice-principal in the school, assisting Personnel who carry out legal education, student protection, safety management, crime prevention, and law-based governance.”

Regarding the scope of application, the Measures mainly adjust the appointment and management of vice-principals for the rule of law in ordinary primary and secondary schools, secondary vocational schools, special education schools, and specialized schools.

  It should be noted that Article 18 of the "Law of the People's Republic of China on the Prevention of Juvenile Delinquency" stipulates that "Schools shall employ full-time or part-time teachers who are engaged in legal education, and can obtain information from judicial and law enforcement agencies, legal education and legal service agencies, etc. The unit employs a vice-principal of the rule of law and an off-campus rule of law counselor.”

The "Measures" did not include the appointment of vice presidents of the rule of law from legal education and legal service institutions into the scope of adjustment. There are three main considerations: First, from the requirements of regulations, regulations generally shall not set norms that increase the obligations of citizens, legal persons and other organizations .

With the consent of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice, the "Measures" stipulate the responsibilities and obligations of the people's courts, people's procuratorates, public security organs, judicial administrative departments and other local agencies and their appointed vice presidents for the rule of law. For units such as legal education and legal service institutions, the "Measures" should not directly add their obligations.

Second, from the perspective of historical evolution, the 2003 "Opinions on Regulating the Responsibilities of Part-time Vice Presidents for Legal Affairs and the Management of Selection and Appointment" clarified that "Part-time Vice Presidents for Legal Affairs are selected and hired from political and legal departments such as courts, procuratorates, public security, judicial administration, etc." The Measures and the Opinions are consistent in the scope of the staff of the Vice-Chancellor for the rule of law.

Third, from the perspective of work practice, many schools have signed agreements with legal education or legal service institutions to hire vice presidents of the rule of law and off-campus rule of law counselors to provide targeted services for one or more schools of rule of law work according to the agreement.

This kind of situation belongs to the independent behavior of the school to hire external professional forces and build multiple participation in school governance. The "Measures" do not prohibit this.

Generally speaking, after the "Measures" are released, the school's legal vice-principals hired from legal education or legal service institutions can still continue to perform their duties, but they are not subject to adjustment by the "Measures". Determined in combination with reality.

  3. Q: What is the management system for the work of the vice president of the rule of law?

  A: The "Measures" stipulates the management system of vice principals under the rule of law in primary and secondary schools at the national and local levels.

At the national level, the education administrative department of the State Council, in conjunction with the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice, formulates macro policies, and coordinates and guides local governments to carry out the work of vice presidents of the rule of law.

At the local level, the education administrative department of the local people's government at or above the county level, together with the people's court, the people's procuratorate, the public security organ, and the judicial administrative department, coordinate the implementation of the system of vice-principals for the rule of law.

In addition, encourage qualified places to establish a joint meeting system for the work of vice-principals of the rule of law with the participation of relevant departments, and coordinate the promotion of the appointment and management of vice-principals of the rule of law in schools in the region.

The relevant departments here can be determined according to the actual situation.

 4. Q: What are the main responsibilities of the Vice-Chancellor for the rule of law?

  A: For a long time, the vice-principal of the rule of law has been mainly responsible for the publicity and education of the rule of law, and has played an active role and achieved positive results in promoting the education of the youth on the rule of law in the constitution.

However, some places reflect that in practice, some vice presidents of the rule of law are only "temporary legal popularizers", and their responsibilities need to be further clarified.

To this end, the "Measures" further clarify the protection of students' rights and interests, the prevention of juvenile delinquency, participation in the protection of students' rights and interests, prevention of juvenile delinquency, participation in law and the rule of law that the vice-principal of the rule of law needs to assist on the basis of stipulating to promote the study and publicity of Xi Jinping's rule of law thought and carry out legal education, according to legal provisions and practical needs. Safety management, implementing or guiding the implementation of education and punishment, guiding governance according to law, etc.

Expanding the functions of the vice-principal under the rule of law can not only give full play to the advantages of the staff of the local offices, but also create positive conditions for improving the governance system of primary and secondary schools and improving the protection mechanism for students' rights and interests.

  5. Question: What considerations does the Measures take into account when stipulating the conditions for serving as a vice president of the rule of law?

  A: The vice-principal of the rule of law needs to directly participate in the education management of minor students, and needs to adhere to high standards and select the best.

Article 6 of the "Measures" puts forward the requirements of the vice president of the rule of law in terms of politics, business, physical and mental health, and educational ability.

At the same time, in order to expand the supply of vice-principals for the rule of law and give better play to the advantages of retirees from local offices, it is stipulated that retirees under the age of 65 who meet the conditions can serve as vice-principals for the rule of law for no more than one term upon recommendation.

6. Q: How to choose and hire the vice president of the rule of law?

  A: In response to the problems in practice such as unbalanced allocation of vice presidents for the rule of law, untimely appointments, and frequent turnover, the "Measures" make overall system design.

The first is to improve the principle of employment, comprehensively consider the needs of schools and work convenience, and give priority to the provision of vice principals of the rule of law for schools in remote areas, rural areas and weak urban schools.

The second is to clarify the appointment mechanism, and the education department will work with the relevant competent departments to formulate an appointment plan, establish a database of vice-principals under the rule of law, and organize school selection.

It is stipulated that each school shall be equipped with at least one vice-principal of the rule of law, and schools with a large number of teachers and students and in need can be equipped with 2-5.

The third is to establish a working team system for the rule of law vice-principal, which stipulates that the education administrative department may, in consultation with relevant departments, form a working team of the rule of law vice-principal composed of personnel from different local offices to serve schools in the region.

The fourth is to implement dynamic management, make dynamic adjustments to the staff pool of vice presidents of the rule of law, and timely replenish the vice presidents of the rule of law who cannot continue to perform their duties for some reason to ensure that there is no vacancy.

Fifth, management requirements such as tenure and renewal are stipulated.

 7. Q: What measures does the "Measures" provide for improving the ability of vice presidents for the rule of law to perform their duties?

  Answer: In order to improve the ability of the vice-principal of the rule of law to perform their duties, the "Measures" strengthen the training requirements, and stipulate that the education administrative department shall formulate the training program and plan for the vice-principal of the rule of law in conjunction with the local agencies, and incorporate it into the training plan for teachers and principals, and arrange funds for the vice-principal of the rule of law. Principals conduct training.

At the same time, enrich the training content, emphasizing that the training content should include political theory, juvenile protection, education laws and policies, mental health education, school safety management and other aspects.

Improve the training mechanism, combine pre-employment training with training during the tenure, and stipulate that the vice president of the rule of law should receive no less than 8 hours of training before taking office, and participate in corresponding training according to actual arrangements during the tenure.

 8. Question: What are the effective measures in the Measures to ensure and support the performance of duties by the Vice President of the Rule of Law?

  A: The vice-principal of the rule of law has fully performed his duties, and he needs full guarantee and support from the dispatched agency and the school where he works.

On the one hand, the local agency should take necessary measures to ensure that the dispatched vice-principal of the rule of law has the necessary working hours and conditions in the school, and encourage and support him to perform his duties.

On the other hand, the school should provide necessary convenience for the vice-principal of the rule of law to perform his duties in accordance with the "Measures", establish an effective communication mechanism and a daily work coordination mechanism, communicate with the vice-principal of the rule of law in a timely manner, and actively support and cooperate with him in his work.

In addition, the vice-principal of the rule of law should also actively participate in the work of the school and continuously improve his ability to perform his duties.

 9. Question: What innovative measures does the Measures have in encouraging the vice president of the rule of law to perform his duties and responsibilities?

  Answer: The "Measures" stipulates that local offices and schools take measures to encourage and support the vice-principal of the rule of law to perform their duties, and at the same time improve the assessment, evaluation, commendation and reward mechanism to encourage the vice-principal of the rule of law to perform their duties.

First, it is stipulated that the school should establish a work evaluation system for the vice-principal of the rule of law, and evaluate the work of the vice-principal of the rule of law on an annual basis.

The second is to require the local agencies to take the performance of the vice president of the rule of law as an important basis for the content of work assessment and promotion and merit awards.

The third is to clarify that all relevant departments shall, in accordance with the regulations, recommend and appoint the deputy principals of the rule of law with outstanding work performance, local offices and schools with outstanding achievements in the work, and organizations and individuals who have made outstanding achievements in organizing the work of the vice-principal of the rule of law in primary and secondary schools. , in accordance with the regulations to give awards and awards.

 10. Q: To promote the implementation of the "Measures", what are the requirements and measures for the next step?

  A: After the "Measures" were released, the general offices of the Ministry of Education, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Justice jointly issued the "Notice on Implementing the Measures for the Appointment and Management of Vice Principals under the Rule of Law in Primary and Secondary Schools" ", to make arrangements for the publicity and implementation of the "Measures".

One is to strengthen publicity and raise awareness.

Education departments, courts, procuratorates, public security organs, judicial administrative departments and other relevant departments should attach great importance to them, take the initiative to take responsibility, act actively, and refine their responsibilities, and vigorously carry out the study and publicity activities of the "Measures" through various methods to ensure that all relevant departments , All primary and secondary schools should accurately understand the spirit of the "Measures" and accurately grasp the work requirements.

The second is to deepen cooperation and form synergy.

All localities should establish and improve the coordination mechanism, form a joint force to further promote the work of the vice-principal of the rule of law in primary and secondary schools, effectively transform the "Measures" into a vivid practice of doing a good job together, and improve the scientific and institutionalized level of the work of the vice-principal of the rule of law in primary and secondary schools.

The third is to strengthen implementation and highlight practical results.

All localities should solidly promote the implementation of the "Measures", and coordinate the appointment and management of vice-principals for the rule of law in local schools.

Build the team of vice-principals of the rule of law into an important support for promoting the school's ability to improve governance and level, build it into an important force to protect the legitimate rights and interests of minors and promote the healthy growth of minors, and build it into courts, procuratorates, public security organs, judicial administrative departments, etc. The department strongly supports the school's work and fulfills its statutory duties as an important brand.