Provisions on Procurators Serving as Vice-Principals for Rule of Law

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Promulgation Date: 2021-12-22
Title: 关于印发《检察官担任法治副校长工作规定》的通知
Document Number:
Expiration date: 
Promulgating Entities:最高人民检察院 教育部
Source of text: https://www.spp.gov.cn/xwfbh/wsfbt/202201/t20220110_541193.shtml#2
Article 1: These Provisions are drafted on the basis of the Law on Protection of Minors, the Law on Prevention of Juvenile Delinquency, the Education Law, and relevant laws and regulations, and in consideration of actual conditions in the procuratorate's implementation of work related to vice-principals for rule of law, so as to implement Xi Jinping Thought on the rule of law, to earnestly put in place a system of responsibility where "all those who enforce the law teach the law", to truly strengthen education on law for youths, and to further regulate the work of procurators serving as vice-principals for rule of law.   

Article 2: These Provisions apply to procurators serving as vice-principals for rule of law in regular primary and secondary schools, secondary vocational schools, special education schools, and specialized schools (hereinafter collectively 'schools').

Article 3: Procurators are to be recommended or delegated by the people's procuratorates, and after appointment by the administrative departments for education or schools, are to serve as vice-principals for rule of law in schools, and assist in carrying out efforts such as legal education, student protection, crime prevention, safety management, , and governance in accordance with law.

Article 4: In conjunction with the Supreme People's Procuratorate, the administrative departments for education under the State Council are to establish coordination mechanisms for procuratorates carrying out vice-principals for rule of law work, planning and guiding local administrative departments for education and procuratorates to carry out appoints, management, training, evaluations, assessments, and awards for vice-principals for rule of law.

In conjunction with people's procuratorates at the county level or above, local administrative departments for education are responsible for procuratorates in that are carrying out work on vice-principals for rule of law.

As coordinated and guided by the administrative departments for education, the procuratorates are to strengthen coordination and cooperation with the people's courts, public security organs, judicial administration departments, mass organizations, and social forces, to carry out the work of vice-principals for rule of law and promote the formation of joint force for rule of law.

Article 5: In conjunction with the procuratorates, the administrative departments for education are to promote the balanced development of legal resources. Where schools appoint multiple vice-principals for rule of law, they shall do a good job of dividing duties and work. Priority is to be given to ensuring that schools in remote or rural areas, weaker schools, and specialized schools have vice-principals for rule of law allocated, and having procurators serve as vice-principals for rule of law in all areas is to be encouraged and supported.

Article 6: Procurators serving as vice-principals for rule of law shall strive to urge schools to implement 'the number 1 procuratorial suggestion", to put in place a system of mandatory reporting for cases harming minors and a system for making inquiries regarding information incoming teachers' and staff's illegal and criminal conduct, an assist schools in establishing and improving school safety mechanisms such as systems for the prevention of sexual assault or harassment.

Article 7: During the term that procurators serve as vice-principals for rule of law, they are mainly to perform the following duties:

(1) Be in touch with the actual conditions of the school, carry out legal education in consideration of the students' characteristics and the situation of handling cases involving minors, guide and assist teachers of classes such as on ethics and law in carrying out legal education;

(2) Guide schools in implementing responsibility for protecting minors, protecting students' rights and interests in accordance with law, assisting and supporting students who have been harmed by violations and crimes, and coordinate the implementation of diverse and comprehensive aid such as judicial aid,, psychological counseling, physical rehabilitation, and living placements;

(3) Guide schools in carrying out the prevention of juvenile delinquency, assisting in giving educational discipline, management education, or corrective education to students that violate rules and discipline where the circumstances are serious or who have negative or serious negative conduct;

(4) In conjunction with schools and relevant departments, join with judicial social workers and other counterparts to carry out focused assistance for students who received relative non-prosecution, conditional non-prosecution, or that have been sentenced to non-incarcerative punishments, and carry out education and guidance of the legal representatives and guardians of minor students involved in crimes;

(5) Assist schools in handling disputes over safety incidents in accordance with law, properly handle cases of violations or crimes by teachers or students on campus, strictly investigate cases of violations of teachers' and students' lawful rights and interests or disturbances on campus, participate in rectifying the areas surrounding schools, promptly submit comments and suggestions to relevant functional departments of the government and others to promote the establishment of long-term and effective work mechanisms and to preserve social order in the vicinity of schools;

(6) Guide and assist schools and teachers to perform other work prescribed by and laws, regulations.

Article 8: During their term as vice-principals for rule of law, procurators may employ the following methods to carry out their work:

(1) Participate in drafting and improving schools' work plans for legal education, systems for protecting students' rights and interests, systems for student's educational discipline, systems for safety management, and so forth;

(2) Use cases to explain the law, create courses on law, hold lectures and special briefings on law, and have other legal education activities;

(3) Organize experiential activities on law, such as practice case scenarios, trial observation, moot court, open procuratorate days, and tours of youth legal education practice bases;

(4) Assist campus websites and other platforms in creating legal education publicity boards, and host academic activities on law such as topical class meetings, symposia, debate competitions, and quiz competitions;

(5) Assist in carrying out exceptional classes on law and activities model students of law, as well as social group activities such as youth law schools and student legal aid centers;

(6) Clear channels for the preservation of minors' rights, consolidate the legal needs of the school, staff, students, and parents, as well as leads on cases, and provide legal consultation and assistance;

(7) Consider the overall protection of minors and social governance in carrying out topical legal training for the school, staff, and parents;

(8) Other work methods.

Article 9: In consideration of the school's work arrangements and the procuratorate's case handling situation, procurators serving as vice-principals for rule of law may carry out work during the academic season, graduation season, June 1st Children's Day, National Constitution Day, International Day Against Drug Abuse, and other important dates.

Article 10: Procurators serving as vice-principals for rule of law shall possess the following requirements:

(1) Good political calibre, exceptional character, proper workstyle, strong sense of responsibility;

(2) Relatively rich specialized legal knowledge and judicial practice experience, having engaged in judicial work for 3 or more years;

(3) Physically and psychologically healthy, having an understanding of education and teaching, familiar with the physical and psychological characteristics of minors, concerned about the healthy growth of minors.

(4) Have relatively strong capacities for verbal and written expression, and for organization and coordination.

In principle, procuratorates are to select and recommend vice-principals for rule of law from among currently serving procurators. As necessary for work, they may also be selected and recommended from among other procuratorate personnel familiar with juvenile procuratorate work.

Article 11: An appointment system is to be implemented for procurators serving as vice-principals for rule of law.

In conjunction with the administrative departments for education, procuratorates are to establish a pool of candidates for vice-principals for rule of law, recommending that procuratorate personnel who meet the requirements be included in the pool, and dynamically adjusting it.

Procuratorates shall jointly consult with administrative departments for education and schools to appoint persons from the pool of candidates for vice-principals for rule of law in accordance with the principles of meeting needs, proximity, and convenience.

Article 12: The administrative departments for education or schools are to issue letters of appointment to procurators serving as vice-principals for rule of law, with a term normally of 3 years.

After the term of vice-principals for rule of law is completed, they may be given a consecutive appointment based on their work evaluations and the comments of the appointing school, and their own comments, and they may also be transferred to other schools to serve as vice-principals for rule of law.

Where during their term serving as vice-principals for rule of law, they become unfit or unable to continue performing their duties due to changes at work or other reasons, the procuratorate shall make adjustments in conjunctions with the administrative departments for education or schools.

Article 13: In conjunction with the administrative departments for education, procuratorates are to strengthen the professional establishment and talent fostering for vice-principals for rule of law.

In conjunction with the administrative departments for education, procuratorates shall jointly spread exceptional course materials for vice-principals for rule of law, researching and developing video teaching materials for vice-principals for rule of law's duties, and publishing a series of books and other operational training materials for vice-principals for rule of law.

Procurators serving as vice-principals for rule of law shall participate in operational training and work exchanges carried by the administrative departments for education, to complete the provided training in a timely fashion.

Article 14: Procuratorates are to ensure that the vice-principals for rule of law they send have the necessary work time and other requirments during their service at the school, and encourage and support their successful performance of their duties.

Article 15: Schools shall include supporting vice-principals for rule of law's performance of duties in overall work plans, actively introduce relevant conditions of the school to the vice-principals for rule of law, regulatory consolidate the needs of teachers and staff, students and their parents for legal services and give prompt feedback to the vice-principals for rule of law, and communicate with them in advance regarding meetings and activities involving the duties of the vice-principals for rule of law, and notify them to attend.

Schools shall consider actual conditions to provide necessary facilitation and conditions for procurators to carry out the performance of their duties as vice-principals for rule of law.

The basic situation and work duties of procurators serving as vice-principals for rule of law shall be announced in schools in an appropriate manner.

Article 16: Based on relevant provisions, the procuratorates and administrative departments for education may give appropriate room, board, and transportation expense subsidies to procurators serving as vice-principals for rule of law in schools in remote rural areas or where transportation is inconvenient.

Article 17: Schools shall establish systems for assessing the work of vice-principals for rule of law, and make an annual assessment of the work situation of procurators serving as vice-principals for rule of law.

Schools shall report the outcome of the assessments to the administrative departments for education and the administrative departments for education are to give feedback to the procuratorates.

Article 18: The work situation of procurators serving as vice-principals for rule of law shall be included in the performance evaluations. The work assessments made by schools shall be an important basis for performance evaluations, promotions, advancement, and awards for meritorious contribution.

Article 19: In conjunction with the administrative departments for education, procuratorates are to periodically conduct appraisals of the performance of duties by procurators serving as vice-principals for rule of law in that region, and jointly give commendations and awards to organizations and individuals making notable contributions.

Article 20: In conjunction with the administrative departments for education, procurators are to carry out statistical investigation and analysis on procurators serving as vice-principals for rule of law, and publish on the work carried out by vice-principals for rule of law.

Article 21: These Provisions are to be applied as reference for procurators serving as vice-principals for rule of law in kindergartens or as legal tutors in schools of higher learning.

Article 22: These Provisions are to take force on January 1st, 2022.

 

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