Editor's note: people's sense of fairness and justice is often felt through specific cases; The effect of procuratorial organs in performing their legal supervision duties should also be reflected in specific cases.
In the past year, the procuratorial organ of Anhui Province, in the spirit of "striving for perfection", has handled a number of typical cases full of quality and efficiency of legal supervision and deeply felt by the people. After sorting out, Anhui procuratorial new media launched Top Ten Typical Cases in 2021 And invited the prosecutor to describe the handling process of each case and deeply explain the law, reason and emotion contained in the case.
The second phase is launched by Tongling Suburb Education Bureau and Market Supervision Administration handled by Tongling Suburb People's Procuratorate were negligent in performing their duties to supervise the administrative violations of Mengyuan Kindergarten.
Brief introduction: On September 29, 2018, Tongling Suburb People's Procuratorate jointly carried out the "Food Safety and Seedling Protection Inspection Action for Primary and Secondary Schools and Kindergartens" with the Suburb Market Supervision Administration, and found that Mengyuan Kindergarten in the area had opened classes without the approval of the education administrative department, and the school environment and teaching facilities were substandard, and the food hygiene equipment and facilities were poor, The security measures in the park are not perfect, and the physical safety and food safety of children are hidden dangers.
The unlicensed private kindergartens that infringe upon the legitimate rights and interests of many minors should be banned according to law. On October 16, 2018, the suburban procuratorate started the supervision procedure according to law. Considering that the compulsory ban may intensify social conflicts, the suburban procuratorate issued a procuratorial proposal to its district education bureau on October 17, 2018, and to its district market supervision bureau on December 6, 2018. The District Education Bureau and the District Market Supervision and Administration Bureau replied to the procuratorial suggestions of the suburban procuratorate in writing on schedule and adopted them.
In order to fundamentally solve the problem of children in Mengyuan Community entering the kindergarten nearby, the suburban procuratorate communicated and coordinated with the District Education Bureau, and the District Education Bureau applied to the District Development and Reform Commission for the establishment of the new Mengyuan Kindergarten project, which was included in the management of public kindergartens, and continued to strengthen daily supervision before the completion of the new Mengyuan Kindergarten. At the end of December 2020, the main building of the newly-built Mengyuan Kindergarten will be completed and put into use.
[Guide]
September 29, 2018
The suburban people's procuratorate found that
Mengyuan Kindergarten in the jurisdiction has not been approved by the education administrative department
Unauthorized school running and class opening under approval
Discovered by the procuratorial organ through on-site inspection
Allocation ratio of staff and children in the kindergarten
Below the minimum legal requirements
And all kindergarten teachers have not obtained teacher qualification
The canteen of the kindergarten has not obtained the Food Business License
And failed to perform the designated procurement and
Requirements for certificate request, registration, food retention and record
Kindergarten buildings and facilities do not meet the corresponding national standards
……
After further investigation and verification
In September 2013, a company in the suburb managed the office
Hemengyuan Community Neighborhood Committee faces the society
Mengyuan Kindergarten was set up in the form of public rent competition
At the end of 2017, Mr. Cheng took over the operation
Later moved to private housing office
At the strong request of students' parents
The park began to provide catering services for children
Since the inception of Mengyuan Kindergarten
Because it does not meet the conditions for running the park
The district government and the district education bureau have repeatedly ordered the suspension
Kindergarten and relevant departments jointly issue the notice of ban
But the parents of the students filed a collective petition
Strongly request to keep the garden
Considering that compulsory ban may aggravate social contradictions
Suburb procuratorates report to their district education bureaus
And the Market Supervision Administration to issue procuratorial suggestions
It is suggested that the two units fully perform their duties according to law and regulations
The conditions, safety, health
Teaching staff and internal management
Conduct comprehensive inspection and timely rectify problems to eliminate hidden dangers
Illegal operation of Mengyuan Kindergarten
Handle according to the seriousness of the case
Strengthen the canteen of the kindergarten
Supervision and management of food safety
Investigate and deal with their unlicensed business activities according to law
Two units to the suburban procuratorate
The procuratorial suggestions were replied in writing on schedule and adopted
Aiming at problems that have lasted for a long time and are developing
The procuratorial suggestions were not issued at once
It's about continuous coordination to promote implementation
Promote administrative organs to administer according to law
To fundamentally solve the problem of children entering Mengyuan Community nearby
The suburban procuratorate communicated and coordinated with the district education bureau
The District Education Bureau shall apply to the District Development and Reform Commission
New Mengyuan Kindergarten Project
Included in the management of public kindergartens
And before the completion of the new Mengyuan Kindergarten
Continue to strengthen daily supervision
April 8, 2020
Construction of the new Mengyuan Kindergarten Project officially started
End of December 2020
The main building of the new kindergarten was completed and put into use
The kindergarten is a provincial livelihood project
It is a full-time public kindergarten under the suburban education bureau
It has officially enrolled in the park in the spring of 2021
And provide kindergarten teachers and security personnel
The canteen has obtained the Food Business License
Procuratorial organs promote co governance by consensus
Insist on supervision without substitution
Focus on solving the resistance encountered by the government and its departments
Or difficult problems that need to be solved by several units
So that the problems involving a wide range and complexity can be properly solved
Realizing a win-win situation