The Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Education jointly issued the Opinions on the Implementation of the Employment Prohibition System
2022-11-14
On November 11, the Supreme People's Court, together with the Supreme People's Procuratorate and the Ministry of Education, issued the Opinions on the Implementation of the System of Prohibition of Employment (Fa Fa [2022] No. 32). Effective protection of minors provides a strong judicial guarantee. The Opinions has 10 articles in total, and the main contents are as follows: First, it clarifies the specific rules for judicial organs to apply the employment prohibition and prohibition order in dealing with teaching staff crime cases. According to the Opinions, the people's court shall, in accordance with the provisions of Article 62 of the Juvenile Protection Law, make a judgment to prohibit teachers and staff from engaging in work in close contact with minors if they commit crimes such as sexual assault, maltreatment, trafficking and violence. If a faculty member commits a crime other than the one mentioned above, the people's court may, according to the circumstances of the crime and the need to prevent recidivism, and in accordance with the provisions of Paragraph 1 of Article 37-1 of the Criminal Law, make a judgment prohibiting him or her from engaging in the relevant occupation from the date of the completion of the execution of the criminal punishment or the date of parole, with a period of three to five years; Or apply the injunction according to the provisions of the second paragraph of Article 38 and the second paragraph of Article 72 of the Criminal Law. Second, it stipulates that the people's court shall serve the judgment document to the education administrative department after the judgment of the teaching and staff crime case takes effect. According to the Opinions, after the judgment comes into effect, the people's court shall deliver the judgment document to the education administrative department of the place where the defendant's unit is located within 30 days; When necessary, the education administrative department shall transmit the judgment documents to the relevant competent department. If it is not appropriate to serve a judicial document due to the privacy of a minor or other reasons, relevant evidentiary materials may be served that specify the defendant's natural conditions, charges and sentence. The third is to clarify the relationship between the criminal judgment of the people's court and the handling, punishment and punishment of the unit and competent department where the teaching and administrative staff are working. According to the Opinions, after the judgment made by the people's court becomes effective when the teaching staff commit a crime, the unit, the education administrative department or the relevant competent department may, in accordance with the Law on the Protection of Minors, the Law on Teachers, the Regulations on the Qualification of Teachers and other laws and regulations, give corresponding treatment, punishment and punishment. If a teacher's qualification is lost or revoked, the administrative department of education shall take over his teacher's qualification certificate in a timely manner. In order to effectively solve the problems encountered in judicial practice and highlight the special and priority protection of minors, the Opinions also specify that the sponsors and actual controllers of schools, kindergartens and other educational institutions, after-school training institutions commit crimes with reference to the Opinions. Next, the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Education will guide local people's courts, people's procuratorates, and educational administrative departments at all levels to accurately implement the relevant provisions of the Criminal Law, the Law on the Protection of Minors, the Teachers' Law, and the Opinions, accurately apply and strictly implement the employment prohibition system, "zero tolerance" for serious violations of teachers' ethics, and purify the campus environment to avoid failure
Edit：wangwenting Responsible editor：xiaomai
Source：xinhuanet
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