Education Bureaus of various districts and cities，Yangling Demonstration Zone Education Bureau，Hancheng City Education Bureau，Shenmu City、Fugu County Education and Sports Bureau，Various institutions of higher learning，bet365 sports betting platform-affiliated secondary vocational school，Relevant departments (divisions) of the committee and office，Directly affiliated units:

The "Regulations on the Application of the Shaanxi Province Educational bet365 sports betting platform Penalty Discretionary Power Benchmarks" and the "Shaanxi Provincial Educational bet365 sports betting platform Penalty Discretionary Power Benchmarks" are now issued to you，Please follow the instructions。

Attachment:

1. Shaanxi Province Education bet365 sports betting platform Penalty Discretionary Benchmark Application Regulations

2. Shaanxi Province Education bet365 sports betting platform Punishment Discretionary Benchmark

Shaanxi Provincial bet365 sports betting platform of Education

June 27, 2023

Attachment 1

Provisions on the application of Shaanxi Provincial Education bet365 sports betting platform Punishment Discretionary Benchmarks

Article 1 To regulate bet365 sports betting platform penalties in the education system，Guarantee the fair and just exercise of bet365 sports betting platform penalty discretion by the education bet365 sports betting platform department in accordance with the law，Protect citizens、Legitimate rights and interests of legal persons or other organizations，According to the "bet365 sports betting platform Punishment Law of the People's Republic of China", "Education Law of the People's Republic of China" and other regulations，Combined with the actual situation of education administration in our province，Develop these regulations。

Article 2 The basis for bet365 sports betting platform penalty discretion as referred to in these regulations，refers to the education bet365 sports betting platform department (including law、Organizations authorized by regulations and entrusted organizations) combined with bet365 sports betting platform law enforcement practice，To the law、Regulations、Applicable conditions for educational bet365 sports betting platform penalty discretion in regulations、Applicable situations will be refined、Guiding standards formed by quantification。The benchmark for bet365 sports betting platform penalty discretion is not used as a basis for citing bet365 sports betting platform penalty documents。

Article 3 This provision applies to the discretion of education bet365 sports betting platform departments at or above the county level and organizations entrusted by law to exercise the power of educational bet365 sports betting platform punishment。

Article 4 Criteria for the Applicable bet365 sports betting platform Penalty Discretionary Power，Should follow the legal punishment、Open, fair and just、The penalty is equivalent、Principle of combining punishment and education。

Article 5 The types of educational bet365 sports betting platform penalties include: (1) Warning、Notice of criticism；(2) Fine；(3) Confiscation of illegal gains，Confiscated and illegally issued、Printed academic certificate、Degree certificates and other academic certificates；(4) Canceling illegal schools and other educational institutions；(5) Cancellation of academic qualifications、Eligibility for Degrees and Other Academic Credentials；(6) Withdrawal of teacher qualifications；(7) Exam suspension，Stop applying for qualifications；(8) Order to stop enrollment；(9) Revocation of school license；(10) Law、Other educational bet365 sports betting platform penalties stipulated in regulations。When the education bet365 sports betting platform department implements the above penalties，The party concerned should be ordered to correct or correct the illegal behavior within a time limit。

Article 6 These regulations are based on relevant laws、Regulations、Regulations，Combined with the facts of illegal acts、Property、Plot, degree of social harm, subjective fault and other factors，Divide illegal acts into minor illegal acts、General illegal acts、Serious violations，The bet365 sports betting platform penalties correspond to minor circumstances、General plot、Three basic levels of discretion for serious circumstances。

Article 7 According to law、Regulations、The setting of bet365 sports betting platform penalties by regulations，The specific application of educational bet365 sports betting platform penalties shall comply with the following provisions: minor violations，Generally applicable warning、Notice of criticism、Penalty types such as fines with lower amounts within the specified range。General violations，General fines and other penalty types are applicable。Those who violate the law are serious，Applicable order to stop enrollment、Revocation of enrollment qualification、Revocation of school license、Canceling illegal schools and educational institutions、Restricted employment、Penalty types such as fines that are higher within the specified range。The education administration department plans to make the above bet365 sports betting platform penalty decision，The parties should be informed of their right to request a hearing，The party requested a hearing，The education bet365 sports betting platform department should organize a hearing。The party concerned has illegal gains，Except for those who should be compensated according to law，Should be confiscated。Except as specified above，Law、bet365 sports betting platform regulations provide otherwise，Subject to its regulations。

Article 8 Law、Penalty range set by laws or regulations，Based on the circumstances of the illegal act and the severity of the harmful consequences，No bet365 sports betting platform penalty can be applied separately、Left or reduced bet365 sports betting platform penalty、General bet365 sports betting platform penalties、Severe bet365 sports betting platform penalties。No bet365 sports betting platform penalty means the violation is minor and must be corrected in a timely manner，No harmful consequences，Therefore no bet365 sports betting platform penalty shall be imposed according to law。Military bet365 sports betting platform penalties refer to lighter penalties within the statutory penalty range；Reduced bet365 sports betting platform penalties refer to penalties below the statutory penalty range；Severe bet365 sports betting platform penalties refer to heavier penalties within the legal penalty range。Illegal behavior not mitigated、Military、Aggravating circumstances，General bet365 sports betting platform penalties should be imposed。

Article 9 Under one of the following circumstances，No bet365 sports betting platform penalties will be imposed in accordance with the law: (1) Minors under the age of fourteen commit illegal acts；(2) Mental patients、Those with intellectual disabilities commit illegal acts when they cannot recognize or control their own behavior；(3) The illegal behavior is minor and corrected in time，No harmful consequences；(4) Illegal acts exceeding the statutory statute of limitations；(5) The party concerned has sufficient evidence to prove that there is no subjective fault (but the law、bet365 sports betting platform regulations provide otherwise，Subject to its regulations)；(6) Others not subject to bet365 sports betting platform penalties according to law。First-time violation with minor harmful consequences and timely correction，No bet365 sports betting platform penalty required。No bet365 sports betting platform penalty shall be imposed on the parties for their illegal acts in accordance with the law，The education bet365 sports betting platform department should educate the parties involved。

Article 10 Under any of the following circumstances，bet365 sports betting platform penalties shall be lighter or reduced: (1) Minors who are over 14 years old and under 18 years old commit illegal acts；(2) Taking the initiative to eliminate or reduce the harmful consequences of illegal acts；(3) Being coerced by others、Deception、Instigating illegal acts；(4) Taking the initiative to confess illegal acts that the bet365 sports betting platform agency has not yet grasped；(5) Cooperating with bet365 sports betting platform agencies to investigate and deal with illegal activities and performing meritorious services；(6) Other statutory bet365 sports betting platform penalties that should be lighter or reduced。

Article 11 Under one of the following circumstances，Can be combined with other situations，Determined to be serious，Be subject to corresponding bet365 sports betting platform penalties: (1) Concealment、Destroy illegal evidence；(2) Obstructing law enforcement officers from investigating illegal acts、Violent resistance to the law, etc. that does not constitute a crime；(3) Not listening to dissuasion，Continue to commit illegal acts；(4) Illegal acts involving national security、Public Safety、Ecological environment protection and directly related to personal health、Safety of life and property；(5) Violent violations，Causing serious harmful consequences；(6) Coercion、Luring others or instigating minors to commit illegal acts；(7) Playing a major role in jointly committing illegal acts；(8) Repeated illegal acts，Unrepentant；(9) Carrying out illegal acts during public emergencies；(10) To the whistleblower、Retaliation against witnesses or law enforcement officers；(11) Others who should be severely punished according to law。

Article 12 Illegal acts not discovered within two years，No more bet365 sports betting platform penalties will be imposed；Involving citizens’ life, health and safety、Financially safe with harmful consequences，The above period is extended to five years。Unless otherwise provided by law。

Article 13 Law、Regulations、The regulations do not stipulate the range of discretion，Implement bet365 sports betting platform penalties directly in accordance with relevant regulations，No need to divide discretionary levels。

Article 14 The application of the benchmark for educational bet365 sports betting platform penalty discretion shall be fully considered、Measure the illegal facts、Property、Plot, degree of social harm, subjective fault and other factors，Exclude interference from irrelevant factors；About illegal facts、Property、bet365 sports betting platform illegal acts that have the same or similar circumstances, degree of social harm, etc.，Applicable legal basis、The type and magnitude of punishment should be basically the same。

Article 15 The education bet365 sports betting platform department shall be comprehensive in accordance with the law、Objectively collect relevant evidence for applying the benchmark of bet365 sports betting platform penalty discretion；In case investigation report，Propose whether to impose punishment、Suggestions on what kind of punishment to give and how much the punishment should be given，And explain the corresponding facts、Reasons and Basis。

Article 16 These regulations are based on currently valid laws、Regulations、Based on regulations，Provisions on the application of benchmarks for bet365 sports betting platform penalty discretion formulated for some common educational bet365 sports betting platform penalty matters。Other bet365 sports betting platform penalties not listed in these regulations，Those deemed necessary，Based on actual situation by law enforcement agencies，In accordance with the "bet365 sports betting platform Punishment Law" and other relevant regulations，Discretion based on legislative principles。Laws based on the standards for educational bet365 sports betting platform penalty discretion、Regulations、Regulations modified，Or the objective situation has undergone major changes，Should be adjusted in time。

Article 17 The legal affairs agencies of the education administration departments at all levels are responsible for the supervision and management of discretionary acts of educational bet365 sports betting platform penalties。Except for on-the-spot punishment according to law，bet365 sports betting platform penalty cases involving discretion by the education administration department，bet365 sports betting platform penalty suggestions should be made，Submit it to the legal affairs department of this department for legality、Reasonability、Procedural legitimacy review。Legislative agencies should act in accordance with the law、Regulations、Regulations and "Shaanxi Province Education bet365 sports betting platform Punishment Discretionary Standards"，Review the case，And provide review opinions。

Article 18 These regulations and the "Shaanxi Province Education bet365 sports betting platform Punishment Discretionary Standards" will come into effect on September 1, 2023。