□ Our reporter Wang Chun
□ Our correspondent Wu You Jiang Jie
Recently, the Education Bureau of Ningbo City, Zhejiang Province issued an announcement on soliciting opinions on the implementation measures for the withdrawal mechanism of teachers in primary and secondary schools (kindergartens) in Ningbo (draft for comments). The core essence is "to quit the teachers who fail to take up their posts, fail to pass the examination, violate the teachers’ ethics or are incompetent (insist) in teaching posts for other reasons."
A stone stirs up a thousand waves. The solicitation of opinions triggered a heated discussion in the society. Many netizens commented that this move would break the tenure system and teachers would no longer be "iron rice bowls".
In fact, this move by Ningbo Education Bureau is not the first, and several withdrawal situations mentioned in the opinion draft are those who have long been qualified as "unqualified teachers’ morality" by the Ministry of Education. At the same time, the opinion draft puts forward that "strictly implement the system of prohibiting criminals from working, purify the campus environment and effectively protect minors", which is an extension and landing of the idea of "Opinions on Implementing the System of Prohibiting Working" issued by the Supreme People’s Court, the Supreme People’s Procuratorate and the Ministry of Education.
The reporter of "Rule of Law Daily" noticed that building a firewall of rule of law for the healthy growth of minors is an area deeply cultivated by the procuratorial organs in Ningbo in recent years. Its joint education, public security and other departments have implemented detailed relevant systems, forming a strong synergy to protect minors in the city.
Pre-query of illegal behavior
Intercept potential risks on campus
In the exposure draft, the reporter saw: "Teachers who are punished by public security management or sentenced to punishment according to law for sexual assault, abuse, trafficking, violent injury, indecency, drug abuse, prostitution, whoring, gambling and other illegal and criminal acts that may endanger students’ physical and mental health should be dismissed by the school."
The basis of this work is the "Inquiring Methods of Criminal Records of Sexual Offences of Employees in Close Contact with Minors in Ningbo" (hereinafter referred to as "the Measures") issued by Ningbo Municipal People’s Procuratorate in December 2019 in conjunction with 12 units including Ningbo Communist Youth League Committee, Municipal Public Security Bureau, Municipal Intermediate People’s Court, Municipal Education Bureau and Civil Affairs Bureau. The Measures was formally implemented on January 1, 2020.
The "Measures" propose that close contact with the minor industry includes units, organizations and institutions that have special responsibilities such as guardianship, education, training, rescue, nursing and medical care for minors; Industry personnel include teachers, trainers, coaches, nurses, doctors and other staff who have special responsibilities directly to minors, as well as other staff who are in close contact with minors to facilitate their work.
According to statistics, since the implementation of the Measures, Ningbo has inquired about nearly 130,000 people, including on-the-job teaching staff and teachers of training institutions, and found that 12 people have criminal records. The procuratorial organs in Ningbo issued procuratorial suggestions to functional departments and adopted them, effectively blocking the potential risks of campus safety and promoting the improvement of campus safety prevention and control construction.
In May, 2020, the People’s Procuratorate of Yuyao found that one of the 23 new recruits who applied for employment in a school in Yuyao had an administrative punishment record for molesting students.
After preliminary investigation, Yuyao City Procuratorate immediately obtained its administrative punishment decision, personal resume, application registration form and other related materials, and quickly found out that the person had been administratively punished for molesting two underage girls during his tenure at a school outside Yuyao City.
"After discovering this clue, in view of the problem that the education authorities failed to revoke the teacher qualification certificate in time after the person was administratively punished, we issued a procuratorial suggestion to the Ningbo Municipal Education Bureau through the Ningbo Procuratorate, suggesting that it urge the education bureau of a certain district in Ningbo to revoke the teacher qualification certificate of this person." The prosecutor in charge said that at the same time, clues were transferred to the problem that the public security organs imposed too light administrative punishment on the personnel. At present, the person was sentenced to fixed-term imprisonment according to law for child molestation.
Implement the mandatory reporting system
Build a protective wall for students
In a case of alleged indecency recently handled by the People’s Procuratorate of Xiangshan County, Ningbo City, the suspect was prosecuted and the class teacher was held accountable for failing to fulfill the mandatory reporting system.
One day in March 2022, five female students from a primary school in Xiangshan County walked into a nearby police station to report that they had been molested by their teacher Hu Moumou. The juvenile prosecutor of Xiangshan County Procuratorate quickly rushed to the police station and intervened in the case in advance.
From the facts told by the female students, the prosecutor caught that the class teacher and the school where she works may have failed to fulfill the compulsory reporting obligation, and guided the public security organs to seize the obscene written materials written by the victims at the first time. After finding out the facts, Xiangshan County Procuratorate filed a public prosecution against Hu Moumou for allegedly molesting children, and the court sentenced him to 12 years in prison.
Although the case has been completed, the prosecutor’s physical and mental protection for minors has continued. On March 24th, Xiangshan County Procuratorate issued a procuratorial proposal, urging the education department to give corresponding punishment to the teachers who failed to fulfill the compulsory reporting obligations and the schools where they work, and requiring the education department to include the implementation of the compulsory reporting system in the annual assessment of schools. The rewards and punishments must be clearly defined in the detailed rules and the relevant responsibilities must be implemented to people. The education department attached great importance to the procuratorial proposal, specially convened a party committee to discuss the matter, adjusted the assessment indicators of the school’s developmental management by objectives within one week, and added "schools that did not incorporate the mandatory reporting system into the assessment indicators of the management by objectives, and implemented a one-vote veto system in the annual assessment" in the "veto item".
At the initiative of the procuratorial organs, all the teachers and staff of primary and secondary schools in Xiangshan County signed a total of 9142 letters of commitment to fulfill the obligation of compulsory reporting, ensuring that the compulsory reporting system was implemented. In May 2022, the Commission for Discipline Inspection and the Education Department respectively imposed disciplinary and political sanctions on the relevant responsible personnel.
In response to the social management loopholes in the protection of minors found in the handling of cases, Xiangshan County Procuratorate, together with the county public security bureau and the county education bureau, issued the "Detailed Rules for the Implementation of the Compulsory Reporting System for Infringement of Minors in Xiangshan County (for Trial Implementation)", taking "three aspects (full investigation of the compulsory reporting of sexual assault cases, full coverage of the signing of the commitment letter of the compulsory reporting system, and full inclusion of the compulsory reporting system in the assessment)" as the starting point, to promote the implementation of the compulsory reporting system and build a protective wall to prevent minors from being infringed.
Go into the campus and strengthen the popularization of law
Improve the quality and effectiveness of judicial protection
In Yinzhou District, Ningbo City, there is an unchecked team of "Seven-color Flowers". At present, seven members are all women, and they strive to bloom and dispel the haze in children’s hearts.
Starting from the physical and mental characteristics of minors, the "seven-color flower" unchecked team pioneered a one-stop place and case-handling mode of "integration of prosecutors and police and cooperation between prosecutors and doctors" in the country. The environment of the "one-stop" protection workstation for minors in the hospital is secret and warm, and the resources of all parties are fully utilized to realize the one-time inquiry, evidence collection and inspection of minor victims, so as to avoid "secondary harm".
In March, 2021, Ningbo Procuratorate, together with seven units including Ningbo Insurance Office, Municipal Public Security Bureau and Municipal Health and Health Commission, explored the mode of "cooperation between doctors and prosecutors", using the law enforcement case management center of public security organs to open up special case-handling areas, designate special case-handling personnel, implement special rescue teams, and complete the inquiry, physical examination and psychological counseling of underage victims in one stop. At present, the city has built nine "one-stop" protection centers for handling cases.
The procuratorial organs at the two levels in Ningbo adopt the principle of minimum tolerance and maximum protection against minors, and accurately and effectively punish crimes against minors. According to statistics, since 2020, the procuratorial organs in Ningbo have approved the arrest of 505 suspects and prosecuted 646 people.
At the same time, the procuratorial organs in Ningbo went into the campus to popularize the law and enhance the awareness of the rule of law among minors.
It is reported that 178 procuratorial police officers, including 11 chief procurators, have been employed as vice presidents of the rule of law in the procuratorial organs of Ningbo City and conducted publicity on the rule of law. Since 2021, more than 622 lectures on the rule of law with various forms and rich contents have been held online and offline, covering more than 210,000 parents of teachers and students, which has enhanced the concept of the rule of law of teachers and students at school.
According to the relevant person in charge of the Ningbo Procuratorate, Ningbo has conscientiously implemented the "No.1 Procuratorial Proposal" in the procuratorial work of minors, and under the guidance of the concept of maximizing the interests of minors, it has paid equal attention to handling cases, supervision, prevention and education, combined punishment with assistance and education, organically integrated protection, education and control, and continuously promoted the two-way, comprehensive and comprehensive judicial protection of minors. At the same time, it has adhered to the combination of specialized handling cases and socialized protection, and actively promoted the systematic support of social support.