The Ministry of Education has issued the Interim Measures for Administrative Punishments on Extracurricular Training
Recently, the Ministry of Education issued the Interim Measures for Administrative Punishments on Extracurricular Training.
The Measures propose overall requirements for administrative penalties for off campus training. The regulations are applicable to natural persons, legal persons, or other organizations that recruit preschool children and primary and secondary school students aged 3 and above from the society, and illegally carry out extracurricular training. Administrative penalties for off campus training should follow the principles of fairness and openness, adhere to the combination of punishment and education, guide natural persons, legal persons, or other organizations to consciously abide by the law, jointly resist illegal activities in off campus training, and create a good environment conducive to the growth and success of students.
The Measures specify the implementing agencies and delineate their jurisdictional powers. It is stipulated that the administrative penalties for off campus training shall be implemented by the competent department of off campus training of the people's government at or above the county level in accordance with the administrative penalty authority, and provisions shall be made for the jurisdiction of offline and online off campus training. At the same time, in accordance with the spirit of the Central Committee's "Double Reduction" Opinions, other relevant departments shall investigate and punish illegal activities related to off campus training in accordance with their respective responsibilities.
The Measures specify illegal situations and stipulate legal responsibilities. According to the upper level laws and regulations such as the Administrative Penalty Law and the Law on the Promotion of Private Education, the legislative authority is clearly defined to illegally organize extracurricular training institutions, conduct subject specific hidden variation training without authorization, organize social competitions without authorization, and carry out training activities in violation of laws, administrative regulations, and relevant national regulations, as well as legal responsibilities.
The Measures clarify the punishment procedures and improve the level of law enforcement. Pay attention to the connection with higher-level laws such as the Administrative Penalty Law, combine with the actual law enforcement of off campus training, clarify the standards for filing and closing cases, investigation powers, hearing and notification situations, and standards for identifying illegal gains, and focus on regulating off campus training law enforcement behavior.
The Measures require that the competent department for off campus training should establish a law enforcement supervision system, tighten law enforcement responsibilities, and ensure the effectiveness of off campus training law enforcement. Require the establishment of a mechanism for listing and supervision, a mechanism for public notification, a mechanism for statistical reporting, and a mechanism for accountability, which not only strengthens the supervision of illegal behaviors such as abuse and exceeding power during the punishment process, but also urges law enforcement agencies to actively fulfill their responsibilities, strictly investigate illegal activities related to off campus training in accordance with the law, fully implement central decision-making arrangements, and promote the implementation and effectiveness of the "double reduction" policy for a long time.