Peninsula all-media reporter Liu Jinzhen
On February 9, the Ministry of Education, the Central Organization Office, and the Ministry of Justice jointly issued the Opinions on Strengthening Education Administrative Law Enforcement and Deeply Promoting the Comprehensive Governance of Off-campus Training, comprehensively improving the level of off-campus training supervision and law enforcement capabilities, seriously investigating and punishing violations of laws and regulations in off-campus training, and effectively safeguarding the legitimate rights and interests of the people. According to reports, the "Opinions" is the first special document on off-campus training to supervise administrative law enforcement, and also focuses on solving the problems of not being able to enforce the law, being unwilling to enforce the law, and not enforcing the law.
Illegal training "found together, disposed of together"
The "Opinions" proposes to improve the existing mechanism for administrative law enforcement for the supervision and supervision of off-campus training, and the administrative departments for education 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 supervision and law enforcement of unlicensed operations, violations of training content, training time, training personnel, training fee regulations, illegal holding of competitions, and other violations of laws and regulations, and leading the organization of 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 of issues involving off-campus training.
All localities should follow the principle of "who approves and who is responsible, who is in charge and who is responsible", improve the linkage mechanism for approval, supervision, and punishment, adhere to the principle of "who approves and who is responsible, adhere to the principle of first certificate and then license, and standardize the examination and approval procedures and licensing content of off-campus training institutions. Where the comprehensive examination and approval reform is carried out, the consent of the administrative department for education at the same level must be obtained in writing in advance. Accelerate the realization of interconnection of illegal clues between departments, mutual exchange of regulatory standards, and mutual recognition of processing results, and promote joint law enforcement on the spot. Establish mechanisms for linking administrative law enforcement and criminal justice with off-campus training, and complete systems for information sharing, case reporting, and case transfer between education and public security, procuratorate, and adjudication organs.
At the same time, the "Opinions" make it clear that the administrative departments of education in all localities should work with relevant departments to regularly sort out the prominent problems that the masses have strongly complained about, deploy centralized special rectification in a timely manner, and timely report typical cases of violations of laws and regulations in off-campus training. Where potential risks are large and may cause serious adverse consequences, it is necessary to strengthen routine supervision and law enforcement inspections, and prevent and resolve illegal risks from the source. Establish and improve the system of punitive damages and huge fines for serious violations, and a lifelong ban mechanism, so that serious violators pay their due price. For off-campus training institutions and website platforms that carry out training in violation of laws and regulations, follow the principle of "discovering together, disposing of them together", and adopt punitive measures in accordance with laws and regulations. Clear channels for accepting complaints about violations of laws and regulations, tracking inquiries, and feedback on results, and give rewards and strict protections to meritorious personnel who report serious violations of laws and regulations and major risks and hidden dangers in accordance with law.
Establish and improve the regulatory body for off-campus training
The "Opinions" pointed out that the administrative law enforcement of off-campus training supervision is the statutory duty of education administrative departments at all levels to perform government management of off-campus training affairs. The Ministry of Education is mainly responsible for formulating standards and norms for the supervision of administrative law enforcement work for off-campus training and supervising its implementation, guiding and supervising the comprehensive law enforcement work of off-campus training nationwide, and organizing the investigation and handling of major cases of nationwide and cross-regional off-campus training. In terms of law enforcement levels, in accordance with the principle of territorial management and downward shift of the center of gravity, routine law enforcement inspections and the investigation and handling of general illegal cases are mainly at the county level. In principle, districted cities and municipal districts have only one level of law enforcement, and in principle, law enforcement at the district level is the mainstay. 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 handled by the relevant departments of the place of examination and approval by the off-campus training institution and the place where the violations of laws and regulations occur.
The "Opinions" clearly strengthen the administrative law enforcement force of off-campus training supervision. Local education administrative departments should make overall plans to optimize institutional functions and resource force allocation, establish and improve off-campus training regulatory agencies, and undertake relevant administrative law enforcement work in their respective regions. Enrich front-line law enforcement personnel, match and strengthen their work forces, and ensure that the supervision and law enforcement work of off-campus training is implemented in a down-to-earth manner. Higher-level institutions may invoke subordinate law enforcement forces in accordance with procedures. At the same time, it is necessary to establish and improve the qualification management system for law enforcement personnel at all levels, and strictly implement the practice of law enforcement personnel holding certificates to take up posts. Carry out special training for law enforcement personnel, focusing on training relevant legal knowledge, improving professional capabilities, and raising the professional level of lawfully standardizing, fair, and civilized law enforcement. According to reports, in accordance with the current laws, regulations and policy provisions, the Ministry of Education has sorted out the law enforcement functions of off-campus training in education administrative departments at all levels, formulated and issued the "Catalogue for the Guidance of Administrative Law Enforcement Matters concerning the Supervision of Off-campus Training", and implemented dynamic adjustments. All localities should also explore and promote the "Internet + law enforcement" model to improve the level of law enforcement. Explore credit supervision and management methods, including major illegal and untrustworthy conduct in the scope of punishment for untrustworthiness.
Cracking the law enforcement co-ordination is not enough, and the synergy is not strong
The reporter learned from the interpretation of the Ministry of Education that since the launch of the "double reduction" work, various localities have established a special coordination mechanism for the "double reduction" work, jointly carried out special governance actions, investigated and dealt with violations of laws and regulations in off-campus training, and initially formed a multi-departmental linkage mechanism for joint law enforcement of off-campus training supervision, but in some places there are still problems of insufficient law enforcement coordination and weak synergy. The "Opinions" formulated this time improve the administrative law enforcement mechanism for off-campus training supervision, improve the joint law enforcement mechanism for the division of labor and responsibility of various departments, improve the "line-line" coordination mechanism for off-campus training supervision and law enforcement, and improve the "action-execution" linkage mechanism for off-campus training supervision and law enforcement, solidify law enforcement experience, and solve law enforcement problems.
The "Opinions" focus on solving the problems of being unable to enforce the law, being unwilling to enforce the law, and not enforcing the law. One aspect is to further "confirm rights" and "authorize". According to the Administrative Punishment Law, the Education Law, and the Private Education Promotion Law, on the basis of having law enforcement power over schools, education administrative departments at all levels also have law enforcement powers over off-campus training institutions, and it is clear that the institutions responsible for off-campus training supervision and supervision in the education administrative departments at all levels shall undertake specific administrative law enforcement functions for off-campus training supervision. At the same time, education administrative departments at all levels are required to earnestly enhance their awareness and ability to carry out administrative inspections, administrative punishments, and administrative compulsions in accordance with the law. From the four levels of ministry, province, city and county, the responsibilities of education administrative departments at all levels in the supervision and administrative law enforcement of off-campus training are clarified. In particular, the management body is determined, in accordance with the principle of "who approves who is responsible, who is in charge of who is responsible", adhere to the first certificate and then the license, for a large number of offline institutions, adhere to the principle of shifting the center of gravity downward, and clarify that the daily law enforcement inspection and general illegal case investigation and handling are mainly at the county level. For a small number of online institutions, the provincial level responsible for examination and approval will investigate and deal with them.
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