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jimu news reporter deng bo

according to media reports, on the eve of teachers' day in 2023, wang mouxian (pseudonym), the former principal of sanxia kindergarten in jiulongpo district, chongqing, was dismissed from the kindergarten for violating relevant regulations of the ministry of education because she "accepted" a box of chocolates worth 6.16 yuan from a student. wang mouxian was dissatisfied with this and took the kindergarten to court. both the first and second instance courts believed that the kindergarten's termination of the labor contract was illegal and should pay compensation.

on september 2, the relevant staff of the preschool education section of the jiulongpo district education committee responded to jimu news reporters that they were looking into the details. the staff of the sanxia kindergarten involved said that they had just taken over the kindergarten and that the matter was a dispute between the former owner of the kindergarten and his employees, and the details were not clear at the moment.

kindergarten principal fired for accepting 6.16 yuan worth of chocolate

according to china national radio, a labor dispute case caused by teachers' day gifts has been settled recently. wang mouxian (pseudonym), the former principal of sanxia kindergarten in jiulongpo district, chongqing, was dismissed for "accepting" a box of chocolates worth 6.16 yuan from students on the eve of teachers' day in 2023. wang mouxian was found by the kindergarten to have violated the "regulations on strictly prohibiting teachers from illegal acceptance of gifts and cash from students and parents" issued by the ministry of education (jiaojian [2014] no. 4). wang mouxian was dissatisfied with this and took the kindergarten to court.

according to the surveillance footage provided by hu mouguang, a member of the board of directors of sanxia kindergarten, at around 8 am on september 8, 2023, a child handed a portable plastic food bag to wang mouxian and hugged her. in the first instance, wang mouxian showed a video of the parent meeting, in which the parents asked the kindergarten to explain the dismissal of wang mouxian and stated that she had distributed chocolate to the children. the kindergarten recognized the authenticity of the parent meeting video, but believed that wang mouxian, as the principal, violated regulations by accepting gifts regardless of their value and brought negative impacts to the kindergarten and distrust from parents.

in the first instance, the jiulongpo district people's court of chongqing ruled on march 28, 2024 that the kindergarten lost the case. the court held that the chocolates received by wang mouxian were of small value and were given by children out of love and respect, so it was not appropriate to characterize them as receiving gifts and cash gifts from students and parents. at the same time, when the two parties failed to reach an agreement on the transfer, the kindergarten terminated the labor contract without giving a chance to correct the situation, which was obviously not prudent enough. the court determined that the termination of the kindergarten was an illegal termination and should pay compensation. however, both parties were dissatisfied with the first-instance judgment and appealed.

in the second instance, the parties did not submit new evidence. after trial, the chongqing fifth intermediate people's court held that the first instance judgment had clearly established the facts and correctly applied the law, and should be upheld. the appeal was dismissed and the original judgment was upheld.

on september 2, staff from the three gorges kindergarten in jiulongpo district, chongqing city, responded to a jimu news reporter that they had just taken over the kindergarten and that the relevant news reports were disputes between the former owner of the kindergarten and his employees, and that the relevant circumstances were not yet clear. however, the relevant public online platform currently does not show any information on the change of business records.

jiulongpo district education committee said it is investigating the situation

according to the "regulations strictly prohibiting teachers from accepting gifts and cash gifts from students and parents in violation of regulations" (hereinafter referred to as the "regulations") issued by the ministry of education in 2014, it is strictly prohibited to solicit or accept gifts, cash gifts, securities, payment vouchers and other property from students and parents in any way; it is strictly prohibited to participate in banquets arranged by students and parents that may affect examinations, assessments and evaluations; it is strictly prohibited to participate in travel, fitness and leisure and other entertainment activities arranged and paid for by students and parents; it is strictly prohibited to let students and parents pay or reimburse expenses that should be borne by the teacher or his relatives; it is strictly prohibited to obtain kickbacks by selling books, newspapers, daily necessities, social insurance and other commercial services to students; and it is strictly prohibited to use the convenience of office to seek improper benefits.

the above regulations also state that school leaders should be strict with themselves, take the lead in implementing the regulations, and truly assume management and supervision responsibilities. teachers should vigorously promote high-quality teacher ethics and consciously resist unhealthy practices such as accepting gifts and money from students and parents. any violation of regulations and disciplines should be investigated and dealt with, and typical cases should be publicly reported and exposed by name. in serious cases, the teacher shall be expelled in accordance with the law and regulations, and his/her teaching qualifications shall be revoked; those suspected of committing crimes shall be transferred to judicial authorities for handling in accordance with the law.

the head of the supervision bureau of the ministry of education responded to the media regarding the "regulations strictly prohibiting teachers from accepting gifts and cash from students and parents in violation of regulations" and said that the "regulations" are the first special document of the ministry of education to identify and deal with issues such as teachers accepting gifts and cash in violation of regulations. it clearly proposes "six strict prohibitions", and highlights five prohibited areas: accepting gifts and cash, accepting banquets, participating in entertainment activities paid for by students and parents, having students and parents pay or reimburse expenses that should be borne by the teachers or their relatives, and obtaining kickbacks through commercial services.

in 2021, the chongqing municipal education commission issued the "special rectification work plan for paid tutoring in chongqing's primary and secondary schools and teachers' irregular acceptance of gifts and cash" based on the six prohibitions of the ministry of education. article 7 also stipulates that teachers who solicit or accept gifts, cash, securities, payment vouchers and other property from students and parents in any way will be subject to rectification.

jimu news reporters saw in the live video of the first trial of this case that the court believed that in this case, it can be seen from the surveillance that the child gave a box of chocolates to wang mouxian in a public place at the entrance of the kindergarten, and then the two sides hugged each other to express their gratitude, and the child left happily. it can be seen that the kindergarten children expressed their love and respect for the teacher by sharing snacks, which also showed the transmission of love between the teacher and the children. for kindergarten children, the mentality of giving a piece of chocolate is simple and innocent, and there is no subjective intention to exchange interests. it is different from giving gifts, cash gifts, securities or payment vouchers and other property. it is not appropriate to characterize this behavior as accepting gifts and cash gifts from students and parents, and it is also impossible to determine that wang mouxian used his position to seek personal gain through improper means.

on september 2, a reporter from jimu news called the jiulongpo district education commission of chongqing as a citizen. the relevant staff of the preschool education department of the commission replied that they were looking into the details. when asked how the education commission viewed the 6-yuan chocolate gift incident, the staff said that they would not answer other questions for now and would give a unified reply after understanding the matter clearly.

a junior high school teacher in a district and county of chongqing told jimu news that she would be in a dilemma when students gave her small gifts. on the one hand, the school and relevant departments have strict regulations, and on the other hand, she is worried about hurting the children's self-esteem. in daily handling, she would handle it flexibly, such as buying candies and notebooks as rewards to return the gifts in order to motivate students.