Jinan Huizhong Educational Training School was first sentenced by the court training false publicity to apply the "elimination method"

Close to the graduation season, the private schools of the students ' war kicked off. Among them, the promotion of employment prospects, the institutions and training institutions to attract students "sharp weapon." However, recently, Jinan Huizhong Educational Training School But let this "sharp weapon" hurt himself. Because not according to the commitment to arrange employment, students Hao will jinan Huizhong Educational training School to court. The Court of first Instance dismissed the plaintiff's claim on the basis that the case did not apply to the Consumer Protection Act. The Court of second instance corrects the original judgment, finds that participation in education and training is the consumption behavior, applies the consumer rights and Interests protection law, and supports the students ' lawsuit request. 17th, Jinan Licheng District People's court to enforce the outcome of the decision, the seizure of Jinan Huizhong Educational Training School office. 18th, the economic leader of the press to call the public puzzle (Beijing) Education Technology Co., Ltd., the Legal Services Department was informed that the Ministry of the Puzzle is already aware of the matter, is in consultation with the court. "The decision in this case means that participation in education and training is first identified as a consumption act, which provides an important reference precedent for future handling of educational and training consumption disputes." "Hao lawyer, Shandong Magpie law firm Hu Chunhu, 20th, said the reporter interview. The temptation of employment "We are the first-name Enterprise directional sponsored, guarantee you can find a job, the biggest risk of employment is your study attitude." "18th, the leader of the reporter to plan to attend the consultation, Jinan Huizhong Educational Training School curriculum advisor Liyan said. According to her introduction, the school does not need exams, do not need a degree, and do not need painting and computer basis, learning a school year can master animation skills, two years to master high-end skills. "No learning in the time of study, can continue to study at school free of charge until the employment." "she said. The most attractive is the employment prospects described by Liyan: "Anime design is fashionable, decent career, after graduation can be employed in the first-line enterprises, white-collar workers, a monthly salary of 5000 yuan to 8000 yuan." "On the 14 floor of the Danan mansion in the mountain, the reporter saw that there were 5 computer rooms and 1 painting rooms in the school." Many of the schools ' employment stars ' photos and profiles are posted on the wall, as well as letters of thanks from students to schools. "We can sign a contract between the school and the trainee to ensure employment." May sign the school, the student, the enterprise tripartite contract, after graduating the student only then to sign the contract the enterprise employment. More contracts are signed because many students want to choose more after graduation. Liyan The reporter produced two samples of the contract. However, the same temptation to work, the Hao of the signing of the employment agreement, but did not get the expected employment opportunities, so a paper petition to court the school. Hao said that the main reason for attending the school training was the school's commitment to recommend employment units. When he graduated, he also handed in the graduation project according to the school's request, but did not obtain the employment opportunity as originally the university propaganda. After consulting with 5 other students who had the same experience, they decided to take up legal weapons to defend their rights, and to sue the school for the false publicity in the enrollment processNan Licheng District People's Court. First trial lost "at that time, the school said that the directional sponsored, but after school found that it is not so." "Hao Guide newspaper reporter Introduction, as the school's first animation design class students, he and students found after school, even the curriculum teachers have not been implemented." "We had to change the teacher because of the class teacher's level, and the school was not able to solve it," he said. "By April 2009, Hao, who is graduating, found that the biggest problem is employment after graduation." "According to the teaching requirements, our skills are no problem, and I was praised for outstanding results." However, at this time, the school has put up employment. Not only did the promise of targeted employment not materialize, even most of the students did not even have the opportunity to be recommended. "At least I'm a recommendation phone that hasn't been received. Hao said, now the students in the class only one or two are also engaged in animation design industry, the rest are all their own way out. "This learning experience is completely useless to my present job," he said. "Helpless Hao they have to go legal way, request in accordance with the Consumer Rights Protection Act, the school gives double compensation." But the court of first Instance did not support Hao's appeal. Licheng District People's Court thinks that the adjustment scope of "Consumer rights Protection Law" is the dispute between the consumers and the operators, and the commodity should be the carrier. Huizhong Educational School as a registered private non-enterprise unit in the Licheng District Civil Affairs Bureau, although the Department paid Education training, can obtain reasonable returns, but it is not for the purpose of profit, does not belong to the "consumer Rights and Interests Protection Act" in the "profit-seeking operators." Therefore, the dispute between the Hao and the public education schools should not apply the "consumer Rights and Interests Protection Act", Hao insist that the operator infringement of consumer rights claims, the Court does not support. Hu Chunhu said that in Shandong there is no judicial intervention in education and training institutions and students dispute cases, in the country has not found similar cases. "To go back and forth to the court dozens of times, the court also held several seminars." "Unwilling to Hao, appeal to the Jinan Intermediate People's Court. Second-instance cognizance Finally, Jinan Intermediate People's court decision Hao win, Jinan Huizhong Educational Training School in accordance with the "Consumer Protection law" provisions of compensation for students. In the verdict, the reporter noted that the court thought that although the defendant is an educational institution, but it is different from the ordinary national Education series of institutions, is through the market means to achieve enrollment, in line with the characteristics of operators. The purpose of the trainees is to obtain job opportunities for the services of skills training, to improve their remuneration and to meet the identity characteristics of consumers. Therefore, the case applies the "Consumer Rights and Interests Protection Act" provisions, Jinan Huizhong education training schools should be one times the standard tuition fees to compensate students loss. However, after the verdict issued, Jinan Huizhong Educational Training School has been no money for the party without compensation. "We have found schools many times and we have not received any compensation." "Hao said. 17th, the Licheng District People's court demanded the enforcement of the verdict, law enforcement officials seized the school's office, sealed the financial chapter and POS machine; In its safe, search out more than 20,000 yuan nowKim, and inquired about the school's 2012-year current account, and found that there was no money. Guo Yanwen, president of the school, said that after the decision was issued, Beijing headquarters asked them to stop using the original current account, tuition income is directly to the headquarters. "Our headquarters have been informed of the situation and are in communication with the court, and other matters are not discussed." 18th, the leader of the reporter called Huizhong Education (Beijing) Educational Technology Co., Ltd., a staff member of its legal services said. According to Hu Chunhu Introduction, Jinan huizhong Educational training schools and Beijing Huizhong Puzzle Technology Co., Ltd., the legal publication of the same as Li Nio. Typical case in fact, the current vocational training schools, especially the private training institutions in advertising, to protect employment as the conditions for publicity, and its real employment rate is difficult to be understood by the public. Many of them involve false advertising and infringe upon the rights and interests of trainees. Jinan Huizhong Puzzle is very typical, this victory will be standardized throughout the education and training market to play a positive role. "Hu Chunhu said. Hu Chunhu introduced, in the second trial period, on behalf of the school to attend the public education school teachers even shout to him: "The whole industry is so, why do you catch the public puzzle do not put?" According to his introduction, the first instance of the court's objection is that if the participation in education and training is identified as consumption behavior, then the country's major schools if such disputes how to define? Whether the Consumer Protection Act is applicable is the key to whether the educational institutions approved by the Education Department have the qualifications to run a school. Hua Kuok, an associate professor at Central Law School, says that while private schools have a profitable nature, different positions will have different legal consequences. The Law on the protection of consumers ' rights and interests shall apply to the training institutions registered by the Industry and Commerce Department without filing in the Education Department. In essence, the market is the main body, is the operator. Students pay for skills training and employment opportunities can be identified as consumption behavior. Hu Chunhu that the case provides an important reference precedent for dealing with the cases of consumption disputes in educational training institutions in the future, and also has a high reference value for the cases of medical service consumption disputes. "Now some hospitals and patients are identified as consumer behavior disputes, the application of the Consumer Protection Act." "The Consumer Rights Protection Act is not applicable to hospitals approved by the health department, but it is applicable to institutions such as medical cosmetic surgery and body care," Hua Kuok said.