On 10 Nov. 2022, the Supreme People’s Court, the Supreme People’s Procuratorate, and the Ministry of Education issued the “Opinions on Implementing the Employment Prohibition System” (hereinafter the “Opinions”, 關于落實從業禁止制度的意見).
In China, the Criminal Law, the Law on the Protection of Minors, the Teachers Law, and the Regulations on Teachers’ Qualifications all stipulate that persons with specific criminal records must not work as teaching and administrative staff in educational institutions such as schools and kindergartens, or after-school training institutions respectively.
The Opinions summarizes and specifies these rules. Under the Opinions, particularly noteworthy are:
1. When teaching and administrative staff commit offenses by taking advantage of the convenience of their profession or by infringing the specific duties required by such profession, and penalties have been imposed, the courts may prohibit such persons from engaging in
2. Whoever has committed any illegal or criminal act such as sexual assault, maltreatment, abduction and trafficking, and violence shall be prohibited from engaging in the work in close contact with minors.
3. If teaching and administrative staff commit crimes such as sexual assault, maltreatment, abduction and trafficking, and violence, the courts shall enter judgments to prohibit them from engaging in the work in close contact with minors and to prohibit them from engaging in relevant professions for three to five years from the date of their completion of penalties or the date of parole.
4. Those who have been deprived of political rights or subjected to fixed-term imprisonment or even more severe punishment for intentional crime shall not be allowed to obtain qualifications for teachers. Those who have already got qualifications for teachers shall be disqualified from teaching and may not receive the qualifications of teachers again.
Cover Photo by JuniperPhoton on Unsplash
Contributors: CJO Staff Contributors Team
