Promulgation Date: 2020-8-20 Title: Notice of the Publication of the "Opinions on Establishing a System for Making Inquiries into Information on Sexual Offenses by Entering Teachers and Staff" Document Number: Expiration date: Promulgating Entities: Supreme People's Procuratorate Ministry of Education Ministry of Public Security Source of text: 最高人民检察院微信 Commentary:
Chapter I: General Provisions
Article 1: These Opinions are formulated on the basis of the "Criminal Law of the P.R.C.", the "Criminal Procedure Law of the P.R.C.", the "P.R.C. Law on the Protection of Minors", the “P.R.C. Public Security Administration Punishment Law", “Teachers Law of the P.R.C.”, “Labor Contract Law of the P.R.C.” and other such laws, in order to thoroughly implement the principle of special and priority protections for minors, to strengthen the management of school staff, and prevent the use of positions to facilitate sexual assault of minors,
Article 2: The Supreme People’s Procuratorate, the Ministry of Education, and the Ministry of Public Security are to jointly establish mechanisms for information sharing. The Ministry of Education is to guide all levels of administrative departments for education and the accreditation bodies for teaching credentials in implementing systems for inquiries on entering teachers and staff. The Ministry of Public Security is to assist the Ministry of Education in carrying out efforts on information queries. The Supreme People's Procuratorate is to conduct legal oversight of this work.
Article 3: "Schools" as used in these Opinions refers to primary and secondary schools (include secondary professional schools and special education schools), and kindergartens.
Chapter II: Content and Methods
Article 4: "Information on sexual violations" as used in these Opinions refers to information on violations and crimes that meet the following requirements, and the Ministry of Public Security is to establish a sex offenders registry based on this article:
(1) Information on persons who have been found guilty of rape, molestation, or indecency to children by a people’s court under Articles 236 and 237 of the Criminal Law ;
(2) Information on persons that the Supreme People's Procuratorate has decided not to prosecute in accordance with article 177 paragraph 2 of the Criminal Procedure Law for violations of criminal law articles 236 and 237 regarding rape, molestation, and indecency towards children;
(3) Information on persons who have been given administrative punished for violating Article 44 of the Public Security Administration Punishment Law's provisions on indecency.
Except for information that meets the requirements for the sealing of juvenile criminal records as provided for in Article 286 of the Criminal Procedure Law.
Article 5: An inquiry into information on sexual offenses shall be conducted for newly recruited teachers, administrative personnel, clerical staff, security personnel, and other faculty and staff before they take the position.
Before teachers' qualifications are accredited, the accreditation body shall make inquiries into information on sexual offenses by the applicant.
Article 6: Administrative departments for education shall do a good job of screening information on sexual violations by current teachers and staff.
Chapter III: Inquiries and Objections
Article 7: The Ministry of Education is to establish a platform for information inquiries connected to the Ministry of Public Security's information sharing and service platform, to allow for inquiries into information on sex offenders, and provide inquiry services for local administrative departments for education making inquiries for entering teachers and staff.
Local administrative departments for education are to regulate inquiries on entering teachers and staff.
Based on the principle of localized management, administrative departments of education at the county level or above are to make inquiries in information on sexual offenses of incoming personnel and current teachers and staff based on their hiring authorization.
Inquiries into applicants for teaching credentials are to be carried out by the body for the accreditation of teaching credentials that receive the applications.
Article 8: Based on the ultimate user information and profession types provided by the Ministry of Education for inquiries, the Ministry of Public Security is to give responses through the Ministry of Education information inquiry platform as to whether there is any information on sexual offenses.
Article 9: The query results are only to reflect the information entered and existing in the registry of sexual offenders at the time of the inquiry.
Article 10: Announcements of the outcome of inquiries are to include:
(1) Whether there is information on sexual offenses;
(2) Where there is information on sexual offenses, the type of information shall be indicated in accordance with the standards provided in article 4 of these Opinions；
(3) Other content that needs to be announced.
Article 11: Where the person being inquired about objects to the results of the inquiry, they may request a re-examination from the authorized administrative department for education, and the application is to be provided by the administrative department for education through the information inquiry platform and the Ministry of Education is uniformly request a re-examination by the Ministry of Public Security.
Chapter IV: Implementation and Responsibility
Article 12: Schools proposing to hire staff shall conduct inquiries prior to their taking the position. Where information on sexual offenses is found, the administrative departments for education or schools must not hire them. Where information on sexual offenses is found in inquiries about current teachers and staff, their employment shall be immediately stopped and their employment contract promptly resolved in accordance with provisions.
Before applicants for teaching credentials obtain the credentials, an inquiry shall be conducted. Where information on sexual offenses is discovered, they are not to be accredited. Where they have already been accredited, handle it in accordance with laws, regulations, and relevant state provisions.
Article 13: Where local administrative departments for education fail to conduct inquiries into information on sexual offenses by teachers or staff, or where administrative departments or schools still hire them despite there being information on sexual offenses in an inquiry, the administrative department for education at the level above is to order corrections and pursue the responsibility of the relevant personal at the department or school.
Where teaching credential accreditation bodies fail to conduct inquiries into information on sexual offenses by applicants for teaching credentials, or fail to address those who are found to have information on sexual offenses, the administrative department for education at the level above is to make corrections and report to the regulatory departments to pursue the responsibility of relevant persons in accordance with laws and regulations.
Article 14: Relevant units and individuals shall carry out inquiries in strict accordance with the procedures and content provisions in these Opinions, and are to preserve the confidentiality of information on sexual offenses they obtain, and must not diseminate it or use it in other ways. Where provisions are violated, pursue corresponding liability in accordance with law.
Chapter V: Other provisions
Article 15: The Supreme People's Procuratorate, Ministry of Education, and Ministry of Public Security are to establish communication systems to promptly review work conditions, research solutions to existing problems, guide relevant local departments and schools to carry out specific efforts, push forward school's safety establishment and protect the healthy growth of minors.
Article 16: The Ministry of Education is to make separate provisions for the specific handling of situations where teachers' employment relationships are dissolved or they are terminated due to conduct such as sexual harassment of students, but the conduct is not a situation provided for in article 4 of these Opinions.
Article 17: Inquiries into sexual offenses by faculty and staff of schools of higher learning and extra-curricular training institutions for minors may be carried out with reference to these Opinions.
Article 18: All areas currently carrying out inquiry efforts for those entering other professions closely related to children may continue to do so in the same manner as before.