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according to a report by china national radio on august 31, 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 a student on the eve of teachers' day in 2023. the kindergarten determined that she violated the provisions of the ministry of education's [2014] no. 4 "regulations on strictly prohibiting teachers from illegal acceptance of gifts and cash from students and parents" and issued a notice. wang mouxian was dissatisfied with this and took the kindergarten to court. on march 28 this year, the jiulongpo district people's court of chongqing ruled in the first instance that the kindergarten lost the case.

according to red star news, the first instance court released a video of the parent meeting on september 16, 2023. in the video, many parents complained for wang mouxian and asked the kindergarten to explain the dismissal of wang mouxian. some parents said that the chocolates were distributed to parents and other children. wang mouxian's side said that the video showed that the chocolates were given by students on teacher's day to express holiday blessings and thank the teacher for his hard work. wang mouxian only accepted the blessings and shared them with other children and parents. the kindergarten did not recognize wang mouxian's defense and stated that as the principal, he must abide by the relevant laws and regulations of the ministry of education and the rules and regulations of the kindergarten.

according to surveillance footage, at around 8 a.m. on september 8, 2023, the kindergarten principal wang mouxian was at the school gate when a child ran over and handed the plastic bag in his hand to wang mouxian. the two also hugged each other.

this situation quickly attracted the attention of the park, and shortly after communicating with wang mouxian, the park decided to expel wang mouxian.

wang mouxian was dissatisfied and took the kindergarten to court.

the kindergarten believes that: as a kindergarten manager, wang mouxian accepted gifts from parents and students on the eve of teachers' day in 2023, which violated the provisions of the ministry of education's [2014] no. 4 "prohibition of teachers from illegal acceptance of gifts and cash from students and parents".the comrade's behavior of accepting gifts without taking the lead also caused the kindergarten to be rejected in the key indicators of the 2023 kindergarten supervision and evaluation.。

the kindergarten said that afterward, the kindergarten board of directors decided to transfer wang mouxian to a branch kindergarten or to continue to stay in the kindergarten as a small class teacher, but wang mouxian refused. therefore, the board of directors held a meeting and decided to expel her.

according to the information, the defendant's kindergarten is a private kindergarten established in 2010 with a registered capital of rmb 60,000.

during the trial, whether the kindergarten had illegally terminated the school was the focus of controversy. the jiulongpo district people's court of chongqing believed thatfor kindergarten children, the mentality of giving a piece of chocolate is simple and innocent, and there is no subjective intention of exchanging interests. it is different from giving gifts and valuables such as securities or payment vouchers. it is not appropriate to characterize this behavior as accepting gifts and cash gifts from students and parents.even if the kindergarten believes that wang mouxian's acceptance of snacks from children is inappropriate, considering the value of the snacks and the fact that wang mouxian shared the snacks with other children and parents, his behavior did not reach the level of serious dereliction of duty and favoritism, nor did it exceed the standard of ordinary kind people and the normal tolerance of the public.

in summary, the kindergarten's strict implementation of the relevant regulations of the ministry of education is worthy of recognition. however, as an educational institution, the kindergarten should exercise its employment management rights in a tolerant and reasonable manner. the termination of the contract should follow the principle of proportionality, and the punishment of employees should be commensurate with their disciplinary violations, and be legitimate and reasonable. the kindergarten argued that it had a job transfer talk with wang mouxian and adjusted her back to a small class as a teacher or to another kindergarten, but when the two parties failed to reach an agreement, it did not give her a chance to correct her mistakes, nor did it explain her mistakes. the exercise of the right to terminate the contract was obviously not prudent enough. the court determined that the termination of the kindergarten was an illegal termination and that it should pay compensation to wang mouxian.the court finally ruled that sanxia kindergarten should make up the difference in the principal's salary and pay more than 70,000 yuan in compensation for illegal termination of the contract.。

according to china national radio, the second instance of the case recently upheld the original verdict.

according to red star news, on september 1, a teacher at the kindergarten told reporters that the kindergarten had changed its owner and the original investor in the case had recently transferred the kindergarten.