Junhe School was closed in December 219. Photo by Deng Zhenfu, the educational teacher of South China Morning Post
The school sued the Education Bureau for compensation of more than 1.8 million yuan
On March 3 this year, Junhe School sued the Lingui District Court for the case of administrative compensation. The first claim was to request the cancellation of the Administrative Compensation Decision made by Guilin Education Bureau on January 21, 223; The second is to claim compensation for various economic losses of more than 1.8 million yuan. This is the second time that the school sued Guilin Education Bureau.
In October 214, with the seal of Guilin Education Bureau, the school changed its business scope, and the enrollment targets were no longer restricted by age, so it could enroll primary and secondary school students. However, the Guilin Municipal Education Bureau did not recognize it. In 218 and 219, the school was included in the rectification list of off-campus training institutions twice, which led to the closure of the school in December 219.
In October 214, the school changed its business scope with the seal of Guilin Education Bureau. Photo by Deng Zhenfu, the educational teacher of South China Morning Post
The school sued Guilin Education Bureau for the first time in June 22, and the appeal was to confirm that the administrative actions of the education bureau against the school were illegal. After that, the Lingui District Court ruled that: 1. The administrative act of including the plaintiff Guilin Junhe Music and Art Training School in the rectification list was revoked in the Notice on Publishing the Black and White List of Off-campus Institutions made by the defendant Guilin Education Bureau on July 26, 219. 2. Revoke the administrative reconsideration decision made by Guilin Municipal People's Government on November 7, 219.
In July 219, Guilin Education Bureau released the "Black and White List of Off-campus Institutions in Urban Areas", and Junhe School was on the list of rectification. Photo by Deng Zhenfu, educational teacher of South China Morning Post
Guilin Education Bureau did not appeal, and the judgment came into effect on August 16, 22. On January 21st, 223, Guilin Education Bureau made the Decision on Administrative Compensation, and decided to compensate the school for 5,323.2 yuan. The school thinks that the illegal administrative actions of Guilin Education Bureau have caused huge property losses and adverse social impact to the school, and only 5,323.2 yuan is too little. The direct loss is more than 1.8 million yuan as assessed by relevant institutions, so it claims more than 1.8 million yuan in administrative compensation litigation.
The Education Bureau said that the original complaint was brought to trial without foundation in law.
The Guilin Education Bureau argued that the administrative actions of the bureau had extremely limited influence on the rights and interests of the school, and the compensation claim put forward by the school was beyond the scope stipulated by law and without foundation in law. The bureau listed the school in the rectification list, but during the rectification period, the school can still carry out training for middle school students and adults aged 16 and above. During the rectification period, the bureau neither revoked the school license nor ordered the school to suspend business.
In September, 22, the bureau issued the Notice on Revoking the Administrative Action of Junhe School, which removed the school from the rectification list, and its recruitment and training of primary and secondary school students were no longer included in the rectification problem, which eliminated the adverse impact of the school's inclusion in the rectification list and also apologized to the school. It can be seen that the impact of the administrative actions of the bureau on the school has been eliminated, and the impact on its actual rights and interests is extremely limited. There is no causal relationship between the losses listed by the school and the administrative actions of the bureau, which is inconsistent with the facts and requests to dismiss the plaintiff's claim.
In September p>22, Guilin Education issued the Notice on Revoking the Administrative Action of Junhe School on the Rectification List. Photo by Deng Zhenfu, the educational teacher of South China Morning Post
The court of first instance awarded the Education Bureau 1, yuan
On August 3th, Ms. Jin, the head of Junhe School, received the first-instance judgment from Lingui District Court. In the judgment, the court held that the procedure of "Decision on Administrative Compensation" made by Guilin Education Bureau on this case was illegal, and at the same time, it was obviously improper to determine the compensation loss. Therefore, according to Article 7 of the Administrative Procedure Law, the Decision on Administrative Compensation should be revoked.
The court of first instance held that the administrative act of Guilin Education Bureau on July 26, 219, which released the Notice on Publishing the Black and White List of Institutions Outside Urban Areas, did cause an impact and loss to Junhe School. Later, Guilin Education Bureau removed the school from the rectification list, thus eliminating the impact on the school. However, during this period, it is also true that it has an impact on the enrollment of the school and caused certain losses, but it is not enough to achieve the serious consequences that the school must be closed. Based on the evidence and legal facts of the whole case, the court decided that Guilin Education Bureau would compensate the loss of 1, yuan to Junhe School.
The first-instance judgment of Lingui District Court on this case. Deng Zhenfu, the educational teacher of South China Morning Post, photo
The first-instance judgment of Lingui District Court, 1. Revocation of the administrative compensation decision made by the defendant Guilin Education Bureau on January 21, 223. 2. The defendant Guilin Education Bureau compensated the plaintiff Junhe School for a loss of 1, yuan within 1 days from the effective date of the judgment. Third, reject the claim of Junhe School.
The administrative compensation decision No.2211 made by Guilin Education Bureau on January 21, 223 was revoked by the court of first instance. Photo by Deng Zhenfu, educational teacher of South China Morning Post
On September 1, Ms. Jin, the head of Junhe School, said that she would communicate with her lawyer and then consider whether to appeal.
This article was originally produced by South China Morning Post. Please don't reprint it on any channel or platform without permission. Offenders will be prosecuted.
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