Introduction
Rules on trials of criminal cases and notifications of sentences
Educational authorities'
power to take action and obligation to enforce employment ban
Recommendation and supervision rights of procuratorate


Introduction

In recent years, multiple cases of educational staff harassing minors have raised widespread public concern. On 10 November 2022, the Chinese judicial authority and the education departments jointly issued a circular(1) that provides guidance to the courts, procuratorates and education authorities regarding the prohibition against educational staff convicted of crimes engaging in relevant occupations within a certain period. This article sets out the key issues addressed in the circular, which took effect on 15 November 2022.

Rules on trials of criminal cases and notifications of sentences

In accordance with article 62 of the Law on the Protection of Minors, the court is obliged to prohibit educational staff who have committed crimes such as sexual assault, abuse, trafficking or violent crime from positions that require close contact with minors for a lifetime. The court is also obliged to forbid educational staff who have committed other crimes from engaging in certain occupations (eg, teachers) for between three and five years from the date of completion of their sentence or parole, in accordance with the Criminal Law. Individuals on probation or under public surveillance should also be banned from:

  • engaging in teaching activities;
  • entering school areas and premises; and
  • contacting minor students during their sentence period.

The circular requires that the courts must serve the judgments to the education authorities where the convicted individual is located within 30 days of the sentence coming into effect. Where it is inappropriate to serve the judgments for reasons relating to privacy of minors, the court should serve supporting documents containing the personal information, the crime and the term of sentences applied to the person who committed the crime.

Educational authorities' power to take action and obligation to enforce employment ban

The circular clearly requires that where an individual in an educational role commits a crime, their employer, the education authorities and/or other competent authorities may take appropriate disciplinary action or impose a penalty in accordance with the Law on the Protection of Minors, the Teachers Law, the Regulations on Qualifications of Teachers, and other laws and regulations, after the sentence becomes effective.

Where an individual is disqualified or their teaching qualification is revoked, the educational authorities are obliged to promptly cancel the teaching certificate in question to stop the individual from continuing to hold positions that require such certificates.

Recommendation and supervision rights of procuratorate

If the procuratorate deems it necessary to apply an employment ban against an individual in an educational role, it should submit such recommendation to the court at the time of prosecution. It is also obliged to supervise the enforcement progress of the employment ban.

For further information on this topic please contact Wan Zhang, Libo Zhao or Wangyuan Shen at JunHe by email ([email protected], [email protected] or [email protected]). The JunHe website can be accessed at www.junhe.com.

Endnotes

(1) Circular regarding Opinions on the Implementation of the Employment Ban System.