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One of the top ten typical cases of the year: the supervision case of a kindergarten's failure to perform its duties
Time: January 17, 2022 Author: News source: [Font size: large | in | Small

   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