Promulgation Date: 2022-11-10 Title: 最高人民法院、最高人民检察院、教育部关于落实从业禁止制度的意见 Document Number:法发﹝2022﹞32号 Expiration date: Promulgating Entities: Supreme People's Court, Supreme People's Procuratorate, Ministry of Education Source of text: https://www.chinacourt.org/law/detail/2022/11/id/150459.shtml
The following Opinions are hereby issued on the basis of laws such as the Criminal Law of the PRC (Criminal Law), the PRC Law on the Protection of Minors (Law on the Protection of Minors), and the PRC Teachers Law (Teachers Law), so as implement the system of inquiries into the records of violations and crimes by teaching faculty and staff at educational institutions such as schools and kindergartens, as well as staff of off-campus training institutions:
1. In accordance with article 37-1 of the Criminal Law, where teaching faculty and staff use their positions to facilitate the perpetration of crimes or are given criminal penalties for committing crimes that violate specific obligations of professional requirements, the people's courts may prohibit them from taking related positions during a set period of time, based on the circumstances of their crime and the need to prevent the further commission of crimes. Where other laws or administrative provisions otherwise prohibit or restrict their engaging in relevant professions, follow those provisions.
The Law on the Protection of Minors and Teachers Law are among the laws provided for in the preceding paragraph, and the Regulations on Teachers' Qualifications is among the administrative regulations provided for in the preceding paragraph.
2. In accordance with article 62 of the Law on the Protection of Minors, persons who commit violations and crimes such as sexual assault, abuse, trafficking, or violent assault, are prohibited from engaging in work closely connected to minors.
In accordance with article 14 of the Teachers Law and article 18 of the Regulations on Teachers Qualifications, those who have received a criminal punishment of deprivation of political rights or a prison term or higher penalty for an intentional crime cannot obtain teachers credentials, and where they have already obtained teaching credentials, they are to forfeit them and cannot newly obtain teaching credentials.
3. Where teaching faculty and staff commit crimes such as sexual assault, abuse, trafficking, or violent assault, the people's courts shall rule to prohibit their engagement in work closely connected with minors in accordance with article 62 of the Law on the Protection of Minors.
Based on the circumstances of the case and as needed to prevent the commission of further crimes, the people's courts may rule in accordance with the first paragraph of article 37-1 of the Criminal Law to prohibit teaching faculty and staff who commit crimes other than those provided for in the preceding paragraph from engaging in related positions beginning on the date on which their sentence is completed or they are paroled, with a duration of between 3 and 5 years; or may enjoin them in accordance with Criminal Law article 38, paragraph 2 and article 72 paragraph 2.
4. Where it is necessary to prohibit teaching faculty and staff from engaging in related positions or to use an injunction, the people's procuratorate shall submit a corresponding recommendation when initiating prosecution.
5. In criminal cases of crimes by teaching faculty and staff, after the judgment takes effect, the people's court shall send the judgment documents to the administrative departments for education to which the defendant belongs within 30 days; and when necessary, the administrative departments for education shall transfer the judgment documents to related competent departments.
Where sending the judgment documents is inappropriate for reasons such as their involving the privacy of minors, supporting materials indicating the defendant's natural circumstances, charges, and sentence may be sent.
6. After the judgment of the people's court on crimes by teaching faculty and staff has taken effect, the unit to which they belong, administrative departments for education, or competent departments may address, sanction, or punish them in accordance with the Law on the Protection of Minors, Teachers Law, Regulations on Teacher Qualifications, and other laws and regulations.
Where there are circumstances for the forfeit or revocation of teaching credentials, the administrative departments for education shall promptly confiscate their teaching qualification certificates.
7. The people's procuratorates shall conduct oversight of the implementation of professional prohibitions and injunctions.
8. Where the people's courts and people's procuratorates discover that relevant units have failed to implement systems for inquiries into criminal records or professional prohibitions, they shall submit a recommendation to those units.
9. "Teaching faculty and staff" as used in these Opinions refers to teachers, auxiliary teaching and education personnel, administrators, general workers, and security personnel working in schools, kindergartens, and other educational institutions, as well as the relevant staff of off-campus training establishments.
These Opinions are to be implemented by reference for crimes committed by the founders or actual controllers of educational institutions such as schools and kindergartens as well as off-campus training establishments.
10. These Opinions are to take effect on November 15, 2022.