Criminal Regulation Of School Running Without Qualification

Education is the people’s livelihood, which is of great significance for the development of country, society and individual. However, in recent years, school running without qualification is emerging due to various reasons, which makes the market order of the education and training face serious challenges and also brings substantial obstacles to the development of Education. In practice, the civil and administrative means are usually mainly used to regulate school running without qualification, but it makes little difference. In view of this, it is necessary to comprehensively research the behavior of school running without qualification, in order to explore the solutions from the perspective of criminal law.Educational qualifications belongs to the category of administrative examination and approval, therefore, if one want to regulate school running without qualification through criminal means, there must be comprehensive and sufficient reasons. Officially, school running without qualification consistent with the crime of illegal business operations, which can provide legal basis for the punishment of school running without qualification. Substantially, some behavior of school running without qualification has serious social harm, which can lay the foundation of penalty. Therefore, there are feasibility and necessity to regulate school running without qualification through the criminal means. In the concrete thoughts on crime, school running without qualification should be respectively applied to civil, administrative and criminal means according to the level of social harmfulness, and set up different levels of legal punishment in the criminal regulation, in order to fully and effectively curb the behavior of school running without qualification and achieve the organic unification of legal effect and social effect.