"Teacher's Day" Family Committee raised funds!Teachers' gifts or touch the legal red line

Henan Legal System "Henan Legal System Daily" was founded in 1984 and was sponsored by Henan Daily Newspaper Group. It is the only legal newspapers for the province's province that the Henan Provincial Party Committee and the Provincial Government's clear positioning. 513 original content public account

Near Teacher's Day, many students and parents are pondering how to express their intentions. Recently, in Liuzhou, Guangxi, the "parental discussion group" of a school was exposed to organize parents to make money to buy gifts for teachers. One of the parents said that they would not participate and were asked to withdraw from the parent group.

According to the screenshot of the online chat, the family committee posted a message in the parent group, asking parents to make money to buy a teacher's day gift for the teacher.

On the same day, the Liuzhou Education Bureau issued an open letter response, which did not allow faculty and staff to violate the rules of integrity and teaching, and called on parents to not give a gift, two non -invited guests, and to actively resist the violations of giving gifts and bribery in disguise. Once the matter was exposed, it immediately rushed to the hot search, causing heated discussions. What are the responsibilities of the family committee? Can the family committee force parents to pay? Isn't it a bribe by a teacher? Can teachers participate in the "Xie Teacher Banquet" ... On September 9, Henan Legal System@教 教 invited two lawyers to the live broadcast room to answer these questions one by one, and let's see what they said. Scan the code to watch the live broadcast release ↓ What responsibilities of the family committee, some parents said that although some family committees are called the family committee, they have not figured out their duties and become the vassals of the school. mechanism. So, what is the family committee and what responsibilities are? Sun Honglei, a lawyer of Henan Aibang Law Firm, said that according to the "Guiding Opinions on Establishing the Establishment of Primary and Middle School Kindergarten Parenting Committee in 2012", the original intention of establishing the family committee was I have some understanding, understanding, and supervision of work, increase communication between "home schools", and jointly help children grow. Some people have reported that the family committee forced parents to pay fees or constitutes infringement. The family committee has become a way to "disguise" the school. For example, in addition to raising a gift to buy gifts, there is also a fee for the parents to charge the parents for the renovation classroom. For another example, some parents complained that a teacher of a elementary school in Gansu asked members of the family committee to notify the parents to buy teaching auxiliary materials, and they must also go to designated bookstores to buy. Can the family committee force parents to buy teaching auxiliary materials? Shen Yanmin, a lawyer of Henan Liangcheng Law Office, said that the teacher forced the family committee to designate the bookstore to purchase teaching auxiliary materials. It was suspected of violations. If the family committee did not agree, he could complain to the Education Bureau, and the teacher would be punished accordingly. If the family committee does not directly refuse the teacher's request, and forced parents to pay a certain fee to designate bookstores to buy books, it violates parents' freedom of transaction. If you buy a strong buying and selling goods, forcing others to provide services or forcing others to receive services, it will be detained for more than 5 days and less than 10 days, and a fine of more than 500 yuan or less; if the circumstances are relatively light, detained or 500 yuan for 5 days or 500 yuan The following fines. In the WeChat group, scolding people must bear legal responsibility. Parents said that although the handling fee or fund -raising purchase ceremony is a voluntary principle, but if parents are unwilling to pay, they will be attacked by members of the family committee. So, what responsibilities should be on if they abuse others in the WeChat group? Sun Honglei said that the Internet is not an illegal place. Insulting others in the WeChat group is blatant insults. Compared with telephone and text messages, the scope of influence is greater. Even criminal responsibility. Although the WeChat group is a virtual space, it is not a place outside the law. It is infringement at random scolding and spreading rumors in WeChat groups. For those who are abused, pay attention to the collection and preservation of evidence, such as backup of telephone recording, WeChat chat records.

Teachers' gifts or touch the legal red line

Teachers may not only affect social atmosphere, but also touch the red line of law.

Sun Honglei believes that, first of all, the gift -giving behavior violates the provisions of the Civil Code, that is, civil subjects engage in civil activities, must not violate the law, and must not violate public order and customs. Secondly, in 2014, the Ministry of Education issued the "Provisions on the Forbidden Teachers 'Disposal and Parents and Parents' Gifts and Gifts in violation of regulations". The first of which is clear that teachers are strictly prohibited from asking or receiving gifts and privacy securities presented by students and parents in any way or receiving students and parents. And payment vouchers and other property. Those who violate the rules and discipline will be discovered and investigated together, and the names of typical cases are exposed. If the circumstances are severe, they will be expelled in accordance with laws and regulations, and their teachers' qualifications shall be revoked; if they are suspected of crime, they will be transferred to the judicial organs for processing according to law.

"Therefore, teachers ask or accept the behavior of gifts, gifts, and payment vouchers from students and parents in any way. The light circumstances are illegal and discipline, and the serious circumstances are illegal crimes." Sun Honglei said.

Shen Yanmin said that if it is a public teacher, it belongs to the preparation of public fiscal expenditures, and the personnel who are engaged in public duties in public institutions should be based on state staff. Therefore, the identity of the teacher is a special subject for bribery. According to Article 385 of the Criminal Law, state staff uses the convenience of their positions to ask for the property of others, or illegally accept the property of others, and seek benefits for others. In economic exchanges, state staff violates national regulations, and receives various names and fees in various names. According to the relevant provisions of the Criminal Law, if the teacher belongs to a career preparation and is a public teacher, the accumulated gift has received a total of 30,000 yuan, and it can be considered as a crime of bribery.

Teachers' behavior is not allowed to be punished

Some family committees will also organize activities such as "Xie Shi Banquet", "Entrance Banquet", and graduation dinner. In some "Xie Teacher Banquets" and "Entrepreneurship Banquet", there are phenomena of teachers' red envelopes. What are the punishments for teachers with different behaviors?

"In 2018, the Ministry of Education issued the" Ten Guidelines for Professional Behavior of Primary and Middle School Teachers in the New Era ", which clearly required teachers to adhere to integrity and self -discipline, not allow them, accept students and parents' property, and participate in banquets, tourism, and entertainment paid by students and parents. Casual activities, or use parental resources to seek private interests. Therefore, the teacher prohibits activities such as "Xie Shi Banquet" and other activities. "Shen Yanmin said.

In addition, for the act of collecting red envelopes for teachers, Shen Yanmin believes that Article 37 of the Teacher Law stipulates that if a teacher has one of the following situations, it is given administrative sanctions or dismissal by the school, other education institutions or education administrative departments. (1) Those who deliberately do not complete education and teaching tasks will cause losses to education and teaching; (2) corporal punishment students, who will not change after education;

The "Interim Provisions on the Disclosure of Staff of Institutions" stipulates that "serious violations of professional ethics," "serious violations of social morality," can be given warnings or remembered sanctions; In severe cases, they are expelled. In accordance with the Measures for the Handling of Primary and Secondary School Teachers' Occupational Ethics, acts that violate professional ethics must also be punished accordingly.

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