Original title: Off-campus training “bright sword” law enforcement for violations of laws and regulations
The three departments released the first special document on the administrative law enforcement of off-campus training supervision –
Provide “bright sword” law enforcement to off-campus training for violations of laws and regulations
Our reporter Lin Huanxin
With the continuous deepening of the “double reduction” work, the problem of inadequate supervision and law enforcement of off-campus training in some localities has gradually emerged, affecting the implementation of the “double reduction” policy. It is urgent to strengthen off-campus training, supervise administrative law enforcement work, and effectively safeguard the legitimate rights and interests of the people.
Recently, 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” (hereinafter referred to as “Opinions”). This is the first specialized document on administrative enforcement of off-campus training supervision. What is the significance of the “Opinions”? What specific requests were made? The reporter interviewed the heads and experts of relevant departments and bureaus of the Ministry of Education.
Confirmation of authority and authorization: statutory duties must be
The awareness and ability of education administrative departments to use law enforcement to govern schools and other educational institutions directly affects the efficiency and “double reduction” of administrative law enforcement in the field of education.
“The “Opinions” focus on the practice of governance work in various places, focusing on solving the problems of unable, unwilling, and unwilling to enforce the law. The first is to further ‘confirm power’ and ‘authorize’.” The person in charge of the relevant department of the Ministry of Education said that according to the Administrative Punishment Law , Education Law, Private Education Promotion Law, education administrative departments at all levels have law enforcement power over schools, and also have law enforcement power over off-campus training institutions, and it is clear that the institutions responsible for off-campus training supervision in the education administrative departments at all levels are responsible for the specific off-campus training to supervise administrative law enforcement functions.
On this basis, the “Opinions” also clarified three key points. According to the person in charge, first, it is emphasized that the statutory responsibilities must be fulfilled. The power of administrative law enforcement is an important part of the power of administrative management, requiring education administrative departments at all levels to effectively enhance their awareness and ability to implement administrative inspections, administrative penalties and administrative coercion in accordance with the law. The second is to clarify the classification and responsibility. From the four levels of ministry, province, city and county, clarify the responsibilities of education administrative departments at all levels in the supervision of off-campus training, administrative law enforcement. The third is to determine the management subject. In accordance with the principle of “whoever approves is responsible, whoever is in charge is responsible”, adhere to the principle of “licensing before the license”, adhere to the principle of lowering the focus for a large number of offline institutions, and clarify that the daily law enforcement inspection and general illegal cases are investigated and punished at the county level. host. For a small number of online institutions, the provincial level responsible for examination and approval will investigate and deal with them.
Ma Huaide, president and professor of China University of Political Science and Law, noted that the “Opinions” not only emphasized the importance of off-campus training administrative law enforcement, but also required all localities to gradually establish off-campus training supervision administrative law enforcement with clear rights and responsibilities, optimized management, standardized law enforcement, efficient operation, and adequate supervision. system. “The “Opinions” focus on the current key points and difficulties in further promoting the ‘double reduction’ work, and the comprehensive deployment of off-campus training supervision, administrative law enforcement is an important measure to implement the major decisions and deployments of the Party Central Committee and the State Council, and is conducive to the important Shaping the off-campus training environment provides a solid legal guarantee for building a strong country in education and running a satisfactory education for the people.” Ma Huaide said.
Straighten out the mechanism: consolidate the foundation of comprehensive governance
“On the one hand, due to the reform of my country’s comprehensive administrative law enforcement system, there is a general problem of functional coordination between industry authorities and comprehensive law enforcement agencies. There is a big difference between market entities and market behavior. At the same time, education is highly professional, and education administrative departments still need to undertake supervision responsibilities that conform to the characteristics of the industry.” Wang Jingbo, vice president and professor of the University of International Business and Economics, analyzed the current administrative supervision of off-campus training. There are still problems such as the unsmooth law enforcement system and the poor working mechanism.
“It is the key to clarify the supervisory responsibilities and power-responsibility relationships between the education administrative department, the market supervision department, the urban management department and other comprehensive law enforcement agencies.” Wang Jingbo said.
The “Opinions” provide for this. The first is to improve the joint law enforcement mechanism under the leadership of the party committee and the government, in which various departments are responsible for the division of labor. The administrative law enforcement of off-campus training supervision involves many departmental responsibilities. Market supervision, Internet information, public security, sports, culture and tourism, and other relevant departments shall, under the unified leadership of the party committee and the government, within their respective responsibilities, conduct separate investigations on issues involving off-campus training. or joint supervision. Education administrative departments at all levels should strengthen the organization and coordination of comprehensive law enforcement, joint law enforcement, and collaborative law enforcement in off-campus training. The second is to improve the “do-do” coordination mechanism for off-campus training supervision and law enforcement. In accordance with the principle of “whoever approves is responsible, whoever is in charge is responsible”, improve the connection mechanism between approval, supervision and punishment. Accelerate the realization of the interconnection of illegal clues between departments, the exchange of supervision standards, and the mutual recognition of processing results. The third is to improve the “execution-penalty” linking mechanism of off-campus training, supervision and law enforcement. Improve the connection mechanism between administrative law enforcement and criminal justice for off-campus training supervision, and improve the information sharing, case report, and case transfer systems between education departments and public security, procuratorial, and judicial organs.
According to Zhan Zhongle, a professor and doctoral tutor at Peking University Law School, the comprehensive law enforcement mechanism can realize comprehensive supervision and governance for off-campus training, expand the law enforcement resources of the education administrative department, and greatly improve the utilization rate of administrative resources. The system of handing over clues to education and training cases and supervising the handling of cases has opened up information barriers and differences in punishment between different departments, strengthened law enforcement connection between departments, shortened the time for handling cases, and reduced disputes in case handling.”
Normative Law Enforcement: Inherent Requirements of Education Law Enforcement
Standardized law enforcement is the inherent vitality of education law enforcement. The “Opinions” emphasizes “regulating the administrative law enforcement of off-campus training supervision” as an important content.
First, it is clearly necessary to formulate a law enforcement list. The law enforcement checklist is an important basis for strengthening off-campus training supervision and administrative law enforcement, and is the premise of standardizing law enforcement. The Ministry of Education will issue the “Guiding Catalogue of Off-Campus Training Supervision Administrative Law Enforcement Matters” and adjust it dynamically. All localities should issue detailed rules and implement them well. The second is to fully implement the “three systems”. The publicity system of off-campus training administrative law enforcement is an important measure to protect the rights of administrative counterparts and the public to know, participate, express, and supervise. The whole process of off-campus training administrative law enforcement record system is an important guarantee for the legality and effectiveness of administrative law enforcement activities. The legal review system for law enforcement decisions is a key link to ensure the legality and effectiveness of major law enforcement decisions made by administrative law enforcement agencies. The third is to innovate law enforcement methods. Adapt to the development of the situation, implement “double random and one open” supervision, and explore “Internet + law enforcement” and credit supervision methods.
Zhan Zhongle suggested: “Existing information shows that the problems of off-campus training mainly include incomplete school qualifications, substandard school conditions, illegal school running, false propaganda, price violations, advertising violations, contract violations, etc. The above problems have seriously damaged the education ecology. , social feedback is strong, and it should be the key content of education law enforcement at this stage.” This newspaper, Beijing, February 9th