▲ On September 26, 2024, kindergarten children are participating in the tires fun competition.Figure/Xinhua News Agency
The system of business prohibition, and there are new trends.
It is reported that at the press conference held by the Ministry of Education on November 11, Wang Jingbo, vice chairman of the Administrative Law Research Association of the Chinese Law Society, introduced that the newly introduced preschool education law is the second.Article 44 clarify the two types of business prohibitions: one is illegal and criminal records such as abuse, sexual assault, sexual harassment, trash, violence, drug abuse, gambling, etc.;Others may endanger the physical and mental safety of children.
The Twelfth Meeting of the Standing Committee of the 14th National Peoples Congress passed on November 8th, the Preschool Education Law of the Peoples Republic of China.The scope of protection and protection have been improved again.One is to increase drug abuse and gambling of criminal behavior of the prohibition of employment. The other is that on the basis of the prohibition of criminal personnel, the prohibition of physical and mental safety in children is increasing.
It can be said that the preschool education law improves the prohibition system of education systems, which is conducive to the implementation of the implementation of employment prohibition, can effectively reduce risks, and better protect minors.
As the preschool education law is officially implemented from June 1, 2025, the background inquiry and health check of the employees of the appointment are the legal duties of kindergarten.Obligations that must be fulfilled.
If the process of not inquiring in accordance with the prescribed process, in accordance with the preschool education law, in accordance with different circumstances, the education department may order correction, warning, confiscation of illegal income, or order to stop enrollment, or even revoke the school licenseCertificate and other punishment.At the same time, in accordance with the relevant provisions of the Protection Law of the Minor, those who fail to fulfill their inquiry obligations, or recruit or continue to hire personnel with relevant illegal criminal records, will face a fine of 500,000 yuan.
The prohibition system of the industry was born of the Criminal Law Amendment (9) passed in 2015.Illegal and criminal records such as violence damage shall not engage in the work of close contact with minors.
In 2022, the Supreme Law, Supreme Prosecution, and MinistryThe connection between protection with school protection and social protection is made.
The apprenticeship method is not enough, the key is to implement it without any gap.In order to prevent the systems prohibition system, prevent relevant illegal and other personnel from using their positions to contact their children again, it is necessary to strictly control the review.Before the implementation of the preschool education law, how to do a good job of connecting the relevant system also requires relevant departments and institutions to actively act.
According to the "Opinions on Establishing Faculty and Workers Entrusting Inquiry of Sexual Assault Crime Information System" issued in 2020, the Ministry of Education is responsible for coordinating and guiding the qualifications of education administrative departments and teachers at all levels.The institution implements the inquiry system of faculty and staff.The Ministry of Public Security assisted the Ministry of Education to carry out information inquiry.The Supreme Peoples Procuratorate conducts legal supervision on the relevant work.
It is worth noting that the above opinions are only for sexual assault crimes, including rape, forced obscenity, obscenity of childrens criminal behavior and administrative punishment.
Inquiry of illegal and criminal records is not difficult. The public security department itself has mastered these data and do a good job of information sharing with the education department.The real difficulty is how to inquire about the scope of the newly increased business of preschool education law.
Since the education department has no relevant personnel database in the caseWork.
This may also need to combine more comprehensive and detailed regulations in combination with the experience of previous system implementation.In addition, the prohibition of employees can be further clarified whether the kindergarten staff who are currently engaged in related work are currently being engaged in related work.
In short, the key to legislative upgrade of the industry and protecting preschool children is to implement the details, which also depends on each link closely connecting and leaving no gaps.The specific implementation links are inseparable from the joint efforts and active actions of the whole society.
Edit/Xu Qiuying
School Division/Fu Chunxuan
