Cooperation in running schools disputes  Fu Jen Catholic Education Center sued the Beijing Normal University
　

Legal Evening News (reporter Yang Jingrui) Beijing Catholic education center with Beijing Normal University to unilaterally lift the cooperation contract, causing huge losses to its grounds, the Beijing Normal University to the court, asked the defendant to continue to perform the contract and pay the plaintiff running losses four hundred yuan. Reporter learned this morning, Haidian court has accepted the case.
 
 
Beijing Catholic Education Center said, in February 7, 2003, they signed an agreement with Beijing Normal University Institute of information science, the two sides agreed to cooperation in running schools. Beijing Normal University Institute of information science, Fu Jen Catholic Center to allow the joint name of school enrollment, in the name of the school to provide the required data and official seal to Fu Jen Catholic Center, and the agreement for one year. But the Beijing Normal University started in 2004 when the recruitment unit, has unilaterally announced the termination of the cooperative agreement. Because the defendant to unilaterally terminate the contract, to deal with the aftermath of problems currently facing the most serious.

The Beijing Normal University said, the cooperation of both sides has expired, in the process of cooperation, the defendant agreed to meet separately with four units signed a cooperation of the plaintiff without the agreement, set up 4. The plaintiff did not in the cooperation in running schools in the process of actual investment, but the running cost to share by other 4 partners, so the plaintiff running costs should not be the burden. The court rejected the plaintiff's prosecution request.

Because the two sides dispute involves the placement and interests of hundreds of students, at present the case is carefully trial.
  
   Xinbaoxun (reporter Peng Xinqiong) reporter yesterday from the Haidian court was informed that the Institute of information science, Beijing Normal University, during the cooperation with Beijing Catholic education training center school, unilaterally terminate the agreement, the court of Beijing Normal University, Fu Jen Catholic education compensation for economic loss of 400000 yuan.

               
                                                  Cooperative education cause double disputes
   
  Anhui Court (Li Hongchun)A private school education group cooperation in running schools in Xuzhou and Bengbu, the new school was inaugurated, both because of the funding and enrollment name had a dispute etc.. See cooperation can not continue, education group will private school to court, requesting the repaying the huge investment; private schools then filed a counterclaim, to pursue their liability for breach of contract. Recently, Bengbu City Intermediate Court settled the dispute.

In July 23, 2001, Xuzhou Jinshan Bridge Education Group and Bengbu City Private Xingzhi high school signed a cooperation agreement, the tentative agreement for 10 years: the private Bengbu Xingzhi school changed its name to "Bengbu Jinshan Bridge School"; the necessary facilities to schools by the inputs, Jinshan Bridge Education Group is its brand, thought of running schools, school the idea and management mode of intangible assets such as capital, the property investment as the Xingzhi school borrowing, interest is calculated by 1% higher than bank interest rates. "Bengbu Jinshan Bridge School" into Jinshan Bridge Education Group's overall enrollment and teaching plan; each by 50% allocation running profits.

A few days later, Xingzhi middle school two times received the Jinshan Bridge Group loan of 1000000 yuan and 100000 yuan of liquidity. In July 28th, the two sides held two city leaders attended the "Bengbu Jinshan Bridge School" ceremony jointly, but now renamed the school has not yet been approved by the administrative department of education. Because the problem of loan amount, term and new school transition are not explicitly agreed, cooperation between the two sides of the dispute, Jinshan Bridge Group adhere to the "Bengbu Jinshan Bridge School" on behalf of enrollment, and printing the "Jinshan Bridge School" recruit students general rules; Xingzhi middle school insists to borrow and then in the name of foreign enrollment, and pick off just hung up near the plaque. The two sides after the consultations fail, period, Jinshan Bridge Group sent staff to Bengbu, composed of dozens of people in the containment Xingzhi middle school entrance, the latter has alarm. The dispute aroused the attention of the relevant departments, Bengbu City Board of education and public security departments in a joint investigation, the excesses of both "flame", renamed the new school also settle a matter by leaving it unsettled.

In 2003 September, at the request of Xingzhi middle school loan fail circumstances, Jinshan Bridge Group to Bengbu City Intermediate Court, request Xingzhi middle school to borrow 1100000 yuan, and by about the payment of interest.

In this regard, Xingzhi middle school argued that: 1000000 yuan is the other side of the gift, 100000 yuan is liquidity, not borrowing relationship between the two sides. Then, Xingzhi middle school to each other on the grounds of breach of contract filed a counterclaim, said: the agreement on cooperation in Jinshan Bridge Group commitment can lend 2000000 yuan signed, but the following day ceremony, they began to distribute content distortion "enrollment", and promised funds has not been in place. The other serious breach that he was almost not move to new, economic losses, only carrying comparative amounts to 134 yuan, requesting the court to judge Jinshan Bridge Group compensation for their losses in the.

Bengbu City Intermediate People's court two case combined hearing, think: the cooperative agreement is the true meaning of the parties, but because the Jinshan Group and Xingzhi middle school are legal, borrowing behavior between the two sides in violation of financial laws and regulations, some provisions about the lending is invalid; other terms of the agreement in accordance with the law, to confirm the effective, so the the contract is a valid contract. The signing of the contract the two sides dispute soon, and Xingzhi middle school was renamed matters has not yet been approved by the education department, the purpose of the contract can not be achieved, should terminate. According to the "contract law", "contract is invalid or revoked," property obtained under the contract, shall be returned, Xingzhi middle school should return 1100000 loan. Invalid because of loan terms of the agreement, so the golden bridge group requests to get interest request does not support.

 

                          Cooperative education dispute original principal away stampStudents find it difficult to get graduation certificate

   "JINGWAH" News TimesBeijing Tongzhou District Tao affection middle school more than 120 students of senior high school students has not received the diploma, school headmaster said, the reason is in the graduation certificate shall be stamped with the seal by the former president.

The stamp is the original principal Wang Yonglong now, he thought, this is an important proof of their hand the founder of the Tao school relationship. According to him, the trap of their own, have lost the school. At present, he is still around appeal.

"Tao affection middle school event" has been a big problem in Tongzhou board of education as a private school disputes.

No diploma graduates

"We have graduated for more than a month, but has not receive the diploma!" The morning of August 4th, Tongzhou District Tao affection middle school 4 students to reflect this, according to the regulations, the examination before graduation should get graduation certificate.

The morning of August 4th, Tao affection middle school headmaster Liang Naiping confirmed to reporters, the school has two liberal arts classes, two classes, a total of 120 students received no diploma or certificate.

Tao affection middle school is a private school, founded in 1998, the legal representative and principal are King Wing lung. Wang Yonglong and Chengde Tongjian industrial group limited cooperation in running schools. In 2000 December, Wang Yonglong left the president, Liang Naiping served as acting president.

The president's replacement, Wang Yonglong said, he was forced to leave school; and Liang Naiping says, is the school board will recall.

The former president of taking stamp

Liang Naiping has been acting president in 4 years, there is still no confirmation, and the school's Wang Yonglong in the law is still the school's legal representative.

"I was the school's legal representative, I have the right to take away the seal!" Wang Yonglong said, he had tried to graduation certificate issued in the school graduates, but was "Liang Naiping led a group of 'gangsters' knocked out in the school."

In April 13th this year, Wang Yonglong and nephew Wang Jun came to the Tao affection middle school in Liang Naiping's office, hope to negotiate payment certificate. "I got into the office, suddenly dashed over seven or eight strong young man without demur hit, finally put me out in the office." And Wang Yonglong never to Tao affection middle school.

Liang Naiping said, the day Wang Yonglong took the two social Xianzarenyuan, forced their way into the Tao affection middle school, disturb the normal teaching order, and beat a security. Security but under just shot in self-defense. As to whether Wang Yonglong knocked out, Liang Naiping says "I was not at the scene, not clear".

This is not the school the occurrence of violence, the winter 3 years ago, Wang Yonglong was more than 20 people from the principal's office forcibly evicted.

According to Wang Yonglong introduction, in 2000 December, a non-existent Jingcheng school board dismiss his Beijing bear high school principal positions, then he was driven out of the Tao affection middle school. "I've never been Beijing bear high school principal, has always been the Tao affection middle school principal."

Beijing bear what middle school and Tao affection middle school have why to concern? Why Wang Yonglong will be out of school?

Reporter investigation is informed, the origin of things Wang Yonglong and Chengde Tong Jian Industrial Group Co., Ltd. cooperation in running schools and the ensuing disputes and lawsuits.

Cooperation in running schools buried contradictions

In October 28, 1999, Wang Yonglong and Chengde Tongjian Industrial Group Co., Ltd. signed the agreement, the cooperation of both sides. Agreement, will Beijing City Tao affection middle school was renamed Beijing bear high school, by Wang Yonglong responsible for the school. Beijing bear high school as the investment main body, hold the unit of the Chengde - built industrial group Co., Ltd., President of Wang Lung, board of directors under the leadership of the headmaster in charge system.

The agreement also noted: School of joint-stock, profit by two eight after divided into; Chengde middle school students nationwide; Beijing for middle school students to enjoy the same conditions Beijing examinee; Wang Yonglong upfront investment 7310000 yuan, Chengde Tongjian Industrial Group Co., Ltd. is responsible for the start-up capital 3000000 yuan.

This agreement has not been approved by the Beijing Municipal Education commission. Beijing City Board of education in Tongzhou District Education Bureau on the "report" on issues related to the Beijing City Tao affection middle school in, education departments, the relevant provisions of the agreement on cooperation does not comply with the "Regulations" of running schools run by social forces and social force in Beijing city.

These requirements include: do not allow joint-stock schools, more should not be dividend into issue; cooperation in running the school, not in the field of enrollment; field accounts of the student cannot attend the university entrance exam in Beijing......

Change school a natural thing to settle a matter by leaving it unsettled.

Although the agreement has not been approved, but then Wang Yonglong is still with the Chengde - built industrial group started cooperation, the two sides set up a board of directors, Chengde Tongjian industrial group investment 2650000 yuan in cash. The name is Tao affection middle school.

The contradiction was fast approaching.

The former president of the two negative lawsuit

Because Wang Yonglong could not according to the agreement will name changed to Beijing bear high school, in December 11, 2000, Chengde Tongjian industrial group limited company to hold the board decided to remove Wang Yonglong from the president, the appointment of Liang Naiping as the "Beijing school" acting president.

That night, Chengde built more than 20 Industrial Group Co., in the company of Wang Meijie of vice secretary of Party committee leadership, will Wang Yonglong forced out of school. Wang Yonglong said, they immediately replaced door locks office and classroom.

Since then, Chengde Tongjian Industrial Group Co., Ltd. will report the school or reported to the Tongzhou District Education Bureau, Tongzhou District Education Bureau, Beijing City Tao affection middle school was renamed Beijing Jingcheng school and not the City Board of Education approval, Beijing bear high school and Beijing school board should also be considered do not exist, therefore does not have the appointment and removal of the file replied.

Tongzhou District Education Commission refused to handle the change as the legal representative of Tao love school, also do not agree with the school to re create the seal and seal. Wang Yonglong is the legal representative of the Tao school.

At the beginning of 2002, Chengde Tongjian Industrial Group Co., Ltd. to Wang Yonglong violated the agreement, failed to change the school's name and handle the relevant formalities of examination and approval on the grounds, will Wang Yonglong court, asked Wang Yonglong to give the school seal, accounts, and compensation for the resulting loss.

In April 10, 2002, the judgment of first instance within 10 days to hand over Wang Yonglong Tao school official seal and financial accounts. Then Wang Yonglong appeal, on July 31, 2002, the court of second instance upheld the conviction.

One, the court of second instance respectively Chengde Shuangqiao District Court and the Chengde City Intermediate People's court. This occurs in the Beijing area of dispute, why in Chengde? Wang Yonglong said, this is the other side in the cooperative agreement gave himself buried mine.

The school has changed hands

In the cooperation agreement signed in the first seventh mark, problems, the two sides through consultation, the consultation fails, through legal procedures in the Party of the first part (Chengde Tongjian Industrial Group Co., Ltd.) is located to solve. "This is clearly the first calculate good!" Wang Yonglong said.

This paper makes a judgment of Wang Yonglong lost the school, so he went to appeal.

Wang Yonglong thinks, the cooperative agreement is invalid, it should be Chengde Tongjian industrial group quit school, maintain the Tao affection middle school undisturbed, Chengde Tongjian industrial group limited investment funds, the financial accounts verification Tao affection middle school will also be paid.

"I was kicked out of school, also sent to the court!" Wang Yonglong has repeatedly said, "they set the trap, let me drill".

Since then, Wang Yonglong took the seal around the appeal, therefore, 2001, 2002 graduates after graduation are not received a diploma. At the end of 2003 6, the strong coordination of the Education Commission of Tongzhou District, Wang Yonglong in Tongzhou District Education Commission for the three session of more than 400 graduates graduation certificate issued.

Tao affection middle school events into a problem

The morning of August 4th, the Tongzhou District board of education in education section chief Zhang Xiaohang said in an interview with reporters, Tao affection middle school's situation is more complex, the dispute of Wang Yonglong and Hebei Chengde Tong Jian Refco Group Ltd cooperation process, caused Wang Yonglong to leave school, graduates graduation certificate cannot be issued.

"Both sides now has entered the judicial process, a lot of things also said not clearly." Zhang Xiaohang said Tao affection middle school has become a "big problem of Tongzhou education commission". The Chengde intermediate people's court sentenced Wang Yonglong to hand over not seal, which not only can not use executive orders to let Wang Yonglong hand stamp, can not be sent to protect Wang Yonglong into the school issued the diploma.

Zhang Xiaohang said, Graduate Diploma will be issued, but "the issue time now not to say". He said, if there are graduates of the school are in urgent need of graduation certificate, education commission to provide proof, can also provide guarantee.

 

               "Beijing" "North" contract dispute cases final judgement cooperation contract

  Daily (reporter sun Na)Widespread concern from all circles of society of Beijing Science Education Group and Duan Xiuchun and so on five North Career Technical College sponsor contract dispute case, after the city intermediate people's court for retrial after recently made the final judgment, that the two sides signed the cooperation contract.

segment Xiuchun five North School sponsors and. In March 24, 2004, North University and Beijing Group signed a cooperation contract, agreed to pay the northern school education group owed workers to raise funds 1200000 yuan, North college financial accounts, official seal, financial seal, as well as the "permit", to all of the group. Then, both sides have a dispute, some Xiuchun et al Harbin Nangang District Court of appeal of the group.

recently, City Intermediate People's court after the retrial think, both in violation of the "people's Republic of China Private Education Promotion Law" which prohibits the sale of "school license" provisions, and that illegal still signing parties, shall assume the corresponding.

 

                 

                                           Nanxiang occupation training school custodian contract dispute case
                        
                 
                                                  Jiangxi province Ganzhou City Intermediate People's court

                                                          (2008) in the two final No. twentieth

   The appellant (defendant in the original instance, counterclaim plaintiff) Ganzhou Nanxiang occupation training school, place of residence: Panlong Town Economic Development Zone in Ganzhou City, two sugar institute.
Legal representative: Dong Xianhua, president.

   Attorney: Zhong Shengyang, male, born 26 May 1965, the Han nationality, cadres, the legal representative of the people of Dong flowering husband.

   Appellee (the plaintiff, defendant counterclaim) Dong Huosheng, male, born in November 1947, the Han nationality, live (omitted).

   Agent Wang Lvming, Jiangxi Ganzhou Nintaus legal services legal workers.

   The appellant Ganzhou Nanxiang occupation training school (hereinafter referred to as Nanxiang vocational school) due to the principal contract dispute case, the people's court may Zhanggong District of Ganzhou City, (2007): Second - 2 min word civil judgment, appeal to the court. This court formed a collegiate bench, in February 29, 2008, two times in March 14th to conduct a public trial, the appellant Nanxiang vocational legal representative Dong Xianhua and agent Zhong Shengyang, appellee Dong Huosheng and agent Wang Lvming to take part in the proceedings, the case has now been finalized.

   The judgement that: in April 28, 2006, the Ganzhou municipal labor and Social Security Bureau to make Jiangxi labour word [2006]93 date "on the annual private occupation training institutions assessment report in 2005 briefing", the vocational school in Nanxiang rectification unit, and limited to the June 30, 2006 report the rectification, rectification period to suspend the recruitment and training. June 18, 2006, the plaintiff and the defendant, Dong Huosheng vocational school's legal representative Dong Xianhua negotiated, signed a "contract book" authorized managed schools, contract to the plaintiff to the defendant to Party B for Party A,, agreed: A, authorized by party a managed Nanxiang vocational school people, money, the management authority, Party B two years students more than 200 people, trusteeship contract period time is tentatively scheduled for three years; two, after the signing of the contract, Party A shall give Party B before June 25th issued a letter of authorization a, and inscribed "administrative office", "academic", "general" three gold seal, seal should be given to Party B in June 25th; three, responsibilities and obligations of party, 1, the new semester, students in 150 people, Party A shall pay 1200 yuan per person per year standard, students more than 150 people according to 1000 yuan per person per year standard paid to Party B. Nanxiang vocational school pay per semester. In two payment, at the beginning of the term and medium-term each pay a, Nanxiang vocational school in the new old fee will be in the two sugar mills property company, Party A shall send someone to collect tuition and fees. 2, responsible for the intermediary fees and Party A shall pay Party A shall recruit every year new recruitment advertising fee (the new intermediary fee payment after the settlement in the newborn). 3, be responsible for the payment of the new books (uniform according to the enrollment regulations). 4, be responsible for the payment of social and Security Bureau Management fees. 5, be responsible for the payment of property companies two sugar raw general building rent, from 2006 to 2007 year girls dormitory (red house) by the party responsible for payment of the rent. 6, be responsible for the payment of examination and signature by party a dropout of school fees etc.. 7, should be responsible for the student's status, technology level research and employment recommendation (related expenses by the party collection). 8, shall be responsible for preparing all of 150 people and a stool. Party B should bear the responsibility and obligation, 1, shall be responsible for the collection and payment of their meals, utilities, insurance premium, property maintenance and repair margin; 2, responsible for the transfer of property, the Party A equipment; 3, after the expiration of the contract, Party B the new assets and students should be transferred to Party A (the students shall not be less than 40); 4, control turnover rate within 5% (otherwise, Party A shall have the right at any time without mandate); 5, the school such as an accident by Party B. Before June 14, 2006 four, vocational school to teach a wage of staff and workers should be cleared in time after the signing of the contract, Party B after the takeover, staff re appointed by Party b....... Six, if this year registered not reached 150 people, Party B will not responsible for custody by Party A's own management. At the same time, the two sides also agreed in the contract rights and obligations of the other. After signing the contract, the defendant in the same to the plaintiff issued a letter of authorization, entrust written authorization Dong Huosheng over Nanxiang vocational school, solely responsible for the people, money, material, commissioned by the effective time from June 25, 2006 to June 24, 2009. Since then, the original, the defendant in accordance with the contract for the relevant transfer procedures. The plaintiff took over, start building and canteen to the school for repair, buy a fan, table stool, and organize the staff to carry on the management of recruitment of students school. The plaintiff in the takeover period, both because of the cost, fees, tuition enrollment difficulties (the plaintiff reimbursed expenses) dealing with disputes, in this case, Dong Xianhua to Dong Huosheng in September 5th issued a notice in writing, stating that: Ganzhou Nanxiang vocational school work since September 5, 2006 by Comrade Zong Guangwei to take over (between the original defendant not for the shift transfer procedures). Since then, the school because of the original, the defendant both sides did not put up the money to buy books, also cannot carry on the management to the school, the student to the media and the relevant departments to reflect, request a refund. From September 8th to September 13th, Dong Huosheng gradually returned to Chen Xiaozhen and other 16 students tuition and fees, meals 26388 yuan; in September 12th, Dong Xianhua was back to the Ye Xiaoyun 30 students tuition and fees. Thus, the actual running state school in stop. In September 13th, Dong Huosheng and Dong Xianhua between the two sides of the payment of the settlement, Dong Xianhua paid the hydropower plaintiff advance fee of $624.71 in 2006 June, the city Bureau of social security audit fee of 300 yuan, in 2006 July 1674 yuan rent, the last semester of wages 3000 yuan, Dong Xianhua's telephone charges 233.96 yuan, but Dong Huosheng made the return other payment request did not agree, so told to the original court request processing. The identification of the first instance court, upon application by the parties entrusted Ganzhou Dongsheng forensic accounting for Dong Huosheng in custody during the school expenses conclusion: Dong Huosheng during the trusteeship Nanxiang vocational school, total income of tuition and fees, fees totaling 35562 Yuan school expenses, expenditure of school infrastructure repair projects 25128.4 yuan, the school management costs 25335.51 yuan the enrollment period, costs 8560.4 yuan, 5445.82 yuan, return the canteen spending 26338 yuan tuition totaling 91209.22 yuan, balance Huosheng Dong a total investment of 55647.22 yuan. During the trial, the plaintiff only claim 53971.81 yuan. In Dong Huosheng which expenditures in original document, mostly white collar or receipt.

   The original think, the defendant is a private training schools, due to significant flaws in its school conditions and teaching management, and in a deadline for rectification, the Department in charge in accordance with the instructions to make rectification within a time limit and stop recruit students and training, but the defendant Nanxiang vocational legal representative Dong Xian signed a contract with the school flower still managed the plaintiff Dong Huosheng, regulations the acts of serious violations of the laws and regulations. The original, the two sides signed the contract in the content hosting reflects the plaintiff in the contract period to the school people, wealth, has the independent right to control, and have independent financial, its independence in the school, the training process of the obvious. But the school training behavior and the interest is leaning to the defendant has been running training qualification and conditions in the contract, and the defendant is entitled to benefit from its awarded to the plaintiff also running training qualifications, and not the actual their management behavior. The defendant to the plaintiff qualification training and running conditions of the grant is essentially a rental behavior school license and places, the violation of the "people's Republic of China Private Education Promotion Law" provisions of article sixty-second, entrusted with the legal relationship of trust contracts signed between the two sides are inconsistent, called managed, for rental, as invalid. In particular, the Department in charge of rectification and has suspended the training and recruitment of the case, the defendant will school qualifications and premises leased to others, continue to carry out recruitment and training, the behavior of a major fault, should bear the primary responsibility for the legal consequence of invalid contract hire others; the plaintiff qualifications and place the behavior also fault, bear secondary liability legal consequences should contract invalid. The cost of the claim of the plaintiff's out of pocket 53971.81 yuan, this is on the defendant 80%, that is 43177.45 yuan, by the plaintiff to bear 20%, namely 10794.36 yuan. The plaintiff to the defendant counterclaim counterclaim on the grounds of breach of contract, signed the contract for hosting between rescission and counterclaim defendant, and compensation for their loss of 80000 yuan, the trial court held that the plaintiff, counterclaim in violation of the law, the Department in charge of rectification and has suspended the training and recruitment of the situation, the school qualifications and school premises leased to others, continue to recruitment and training, the students tuition and fees should be returned to the student, not included in the loss; as for the accused the field rent gold loss, rent the school running cost, the defendant so spending venue rental and invalid contract other losses which are caused by the defendant illegal behavior, the legal consequences when the defendant to bear, the counterclaim request can not be established, shall not support. Then according to the "PRC Contract Law" article fifty-third, article fifty-six, article fifty-eight, "the people's Republic of China Private Education Promotion Law" provisions of article sixty-second, the decision: trust contracts, confirm the plaintiff and defendant Dong Huosheng a Ganzhou Nanxiang occupation training school signed invalid; two, limit the plaintiff Dong Huosheng in thirty days after the verdict, the management of Ganzhou Nanxiang occupation training school property transferred back to the defendant Ganzhou Nanxiang occupation training school; the cost of three, plaintiff Dong Huosheng during the hosting Ganzhou Nanxiang occupation training school into a total of 53971.81 yuan, the defendant Ganzhou Nanxiang occupation training school for 43177.45 yuan, the rest of the ego. Thirty days to pay up the threshold decision date; four, rejected the plaintiff Dong Huosheng's other claims; five, counterclaim plaintiff Ganzhou Nanxiang occupation training school litigation request. The case acceptance fee of 2130 yuan, 570 yuan of property preservation fee, counter case acceptance fee of 4710 yuan, the actual expenses of 600 yuan, total 8010 yuan, the plaintiff (counterclaim defendant) Dong Huosheng burden 660 yuan, (the plaintiff by the defendant counterclaim) Ganzhou Nanxiang occupation training school burden 7350 yuan.

   The appellant Nanxiang the verdict of the first trial, appeal to the court. The appeal on the grounds that:

   1, the original judgment that the appellant submitted their roster with the case without association, shall not be recognized is wrong. The evidence of transfer to the school board Huosheng more than 40 students, the appellee Dong Huosheng in custody during the dropout rate has reached 5% facts, according to contract the appellant has an unconditional right to recover the mandate, the evidence and the counterclaim, the court shall confirm. The appellant submitted by the appellant requested the payment list, and Lu Qiuhua's testimony consistent with multiple groups of evidence, can be confirmed by Dong Huosheng refused to school fees, their default charges, at the end of the semester took over 40 students and other related facts. The court testimony of Zhang Pu, Zhang Xiaoyin, Cai Liansheng, does not consent to the appellant's application of out of court investigation and not to be admissible, is favored by the appellant Dong Huosheng. In addition, payment list can also prove the following facts: (1) by the end of September 3, 2006 the new recruit only 5 people (Dong Huosheng face a year will be a loss of one hundred thousand yuan in fact). (2) homecoming number only 24 people (and at the end of 40 the number of students over to Dong Huosheng, just calculate the loss rate of 40%>5%). (3) Lu Qiuhua mentioned several students in the final exam did not return, by the end of September 3rd. Dong Huosheng (4) from April 18, 2006 to two in June 18th 3000 yuan monthly salary (that he entered the Nanxiang working time). (5) 300 yuan (bureau of social security audit fee that Dong Huosheng has been involved in a school year, impossible for rectification uninformed).

   2, the appellant submitted books, books that list that textbooks are not in place is not the responsibility of. The book on the list, and the number of scheduled time period reported that Dong Huosheng see fewer students, not to continue school, students no textbooks is the responsibility of Dong Huosheng.

   3, the submission to the appellant to prove that the school buildings lease rent and decoration expense caused by breach of contract, Dong Huosheng school closed return loss of agreement, student refund form, think the school is still in the rectification period, not for recruitment and training, the student tuition fees should be returned to the student, not included in the loss, so the evidence does not confirm this is wrong. Rectification notice and no clear from what time to what time shall not recruit students and training, no more clear the old fees should be returned to the student. Rectification is not banned, the rectification is not closed no school; rectification may one day reach the designated position, may also be a week in place, what place, whether in place is entirely the responsibility of Dong Huosheng.

   4, the original judgment of the appellant Nanxiang vocational school personnel notice, turned over to the competent authorities for no association annual examination fee 300 yuan of invoice and that the case, shall not be recognized is wrong. All the evidence and the case and the appellant counterclaim. Personal notice April 27th Nanxiang vocational school, Dong Huosheng turned over to the competent authorities for the annual examination fee 300 yuan of invoice, in April 28, 2006 the Labor Bureau rectification bulletin, September 13, 2006 closing, Dong Huosheng two months wages 3000 yuan, prove that Dong Gang was born in April 18, 2006 in Nanxiang work; plus Cai Liansheng testimony confirmed Dong Huosheng school is responsible for all the work, Dong Xianhua out work to expand the school the periphery, are proof of Dong Huosheng rectification things not only informed and shall assume full responsibility.

   5, the original judgment that Appellants Nanxiang 2006 enrollment, students in vocational school fees do not have legitimacy, not validation error. The approval document issued by the school license the original judgment has been submitted to the appellant's school established confirmed that legitimacy, Nanxiang running vocational schools has been recognized by the court. The identification of the two groups before and after the evidence stultify oneself. Enrollment plan and charging standards is to calculate the Dong Huosheng to our losses.

   6, the original thought "accused of a private training schools, due to significant flaws in its school conditions and teaching management, and in a deadline for rectification, the Department in charge in accordance with the instructions to make rectification within a time limit and stop recruit students and training, but the defendant Nanxiang vocational legal representative Dong Xianhua is still with the plaintiff Dong Huosheng signed the school trust contracts, the provisions of the acts of serious violations of the laws and regulations." The Appellant maintains, Nanxiang vocational school is not perfect, lacking was normal. The competent department under the school explains its legitimacy, the competent departments rectification means it has some shortcomings. The appellant's legal representative Dong Xianhua and the appellee Dong Huosheng signed a "contract" is the school hosted a major measures to strengthen school management, improvement. Open the "contract" can be found, the school responsibility through the "contract" has always been, and assumes all the risk source quantity, real purpose and intention of the contract was in the clear responsibilities, division of responsibilities at the same time, mobilize the enthusiasm and initiative of employees to maximize, and is not specified in the written judgment "the school certificate and places of rental properties". Besides the removal of school qualifications, places have about six hundred thousand yuan of funds, there are a few years mastermind with painstaking effort and the Guangzhou school support and other intangible assets investment. It cannot be wrong is the "practical management behavior" not to face the people managing people, top management are system pipe, tube, pipe the terms of contract management, policies and regulations. "The plaintiff in the contract period to the school people, wealth, has the independent right to control, and independent accounting, the independence in the training process prima facie." Are misinterpreted the trial court. The entrusted party people, money, is the school and in the contract agreement, can not be crossed, the control part of autonomy. In summary, Nanxiang Vocational "trusteeship contract" not rental properties, no violation of "Private Education Promotion Law" and other laws and regulations. With the deadline for rectification is not in contradiction, and it is the effective measures for rectification, deserve the support of the court.

   7, "trusteeship contract" does not violate any laws and regulations, can not be found invalid. (1), the first instance judgment review before that "legal representative Dong Huosheng and the defendant the plaintiff Nanxiang vocational Tung flowering is in equal voluntary, consensus conditions managed schools contract signed. The contract with the law, have entered into force on both sides signed, the parties should abide by. The original, the defendant signed contract managed schools, from its content and form, in accordance with legal characteristics of contract, so the contract is actually a contract." (2), a decision that"...... Trust contracts entrusted with the legal relationship between the two sides signed does not match, called managed, for rental, as invalid." The appellant is difficult to understand, the same court for the same contract, the same case, and was sentenced to different properties. The court now that the "" trusteeship contract is invalid contract, so Dong Huosheng from first to last all no dominate Nanxiang vocational school assets of power, the court attachment Nanxiang assets, one is the Dong Huosheng fails to provide guarantee, two is the Nanxiang vocational school repeatedly objected seized and requirements. But for more than a year has not been solved, resulting in direct economic losses of Nanxiang vocational school and the loss of reputation is sentenced to Dong Huosheng bear or the courts themselves?

  8, the trial court first "trusteeship contract confirm the plaintiff and the defendant Dong Huosheng Ganzhou Nanxiang occupation training school signed invalid" is wrong. "Contract" is not the lease relationship, does not violate the "Private Education Promotion Law", the rectification is not banned, nor sentenced invalid contract basis. Dong Huosheng to "contract" to prosecute Nanxiang vocational school, it is recognized that Dong Huosheng "contract". Since both sides be most willing to recognize the contract, the court has no right decision null and void the contract. The first instance court since the "contract", it is called managed rental, so Dong Huosheng should pay since the signing of "contract" so far places, facilities rental, "after the" attachment loss and compensation in property during the period (old). The first instance court since the "contract" for hosting, hosting is rental, then there is no reason to require the school Dong Huosheng lose himself freely spent eating, drinking and so on more than fifty thousand yuan. He hasn't been demolished just built the bathroom facilities should be restitution or compensation consent of the school, the school without consent to the renovation of housing, the benefit was two mill property company, has nothing to do with the appellant, appealed for no basis. Since the trial court finds that the contract is invalid, then the trial court of appeal for compensation 50000 Yuan Dong Huosheng has no basis.

   9, the original judgment second "limit the plaintiff Dong Huosheng in thirty days after the entry into force of this decision, the wealth, the management of Ganzhou Nanxiang occupation training school handed it back to the defendant Ganzhou Nanxiang occupation training school;" and fifth "counterclaim plaintiff Ganzhou Nanxiang occupation training school litigation request." Contradictory. The first instance court now that school is still in the hands of Dong Huosheng, not transfer and closed, so Dong Huosheng accusations that school was founded. Dong Huosheng have to compensate for the school caused by litigation economic loss, loss of reputation and the loss of students.

   10, the original judgment third "the cost of the plaintiff Dong Huosheng during the hosting Ganzhou Nanxiang occupation training school invested a total of 53971.81 yuan, the defendant Ganzhou Nanxiang occupation training school for 43177.45 yuan, the rest of the ego". The people think, the appellee's input is the white stripes, his expenses according to the contract is not the bear. The teacher's salary and assessment, summer and no student teacher training, the center should be enrollment, enrollment is now zero, so there is no wages and enrollment fee. The school was on the 200 desk stool, in the student not to recruit more than 200 cases, no need to fix the broken stool. Dong Huosheng without consent of the school, to fix the broken stool, is his personal consciousness of devotion, without school compensation. The two mill housing repair, beneficiaries are the two mill property, the school also did not ask him to repair, to compensate by two sugar. According to the two sugar mills with the contract, the school also does not need compensation.
 
   In the trial, the appellant Nanxiang vocational legal representative Dong Xianhua on the grounds of appeal concluded as: the appellant to a good school to the appellee Dong Huosheng, he turned the school into a closed, the school did not breach of contract, the court of First Instance sentenced appeal people lose money also is unreasonable. In September 5, 2006 the appellee Dong Huosheng call her, said the school had, she wrote a note that, at the time of writing this note is because Dong Huosheng does not trust the school, and she wants Dong Huosheng to continue, Dong Huosheng eventually accepted her advice, after the things she doesn't know.

   The appellant's appeal is: 1, undo (2007) chapter second - 2 people during the 2 civil judgment; judgment, Dong Huosheng managed to Nanxiang vocational school for losses, and losses due to the lawsuit to bring Nanxiang vocational school. 3, rejected Dong Huosheng claim unconditionally withdraw school mandate.

   The appellee Dong Huosheng fails to submit a written reply, hearing that: the appellant Dong Huosheng advocated the court ordered the appellant to repay the costs have been paid 53973.91 yuan in the first period of appeal, from the fact and legal point of view, the appellee's appeal should be protected by law. Dong Huosheng and the appellant's legal representative Dong Xianhua signed a contract formed a legal relationship, Dong Huosheng according to their mandate, the school of repair, also acquired a certain property, and the recruitment of students work, these are for the normal operation of the school work and advance fee. The legal representative of the appeal person with a written notice to terminate the legal relations between the two sides, due to the emergence of this notice, it means Dong Huosheng lost for the management of the school, out of pocket expenses behoove to appeal people to pay. From the evidence to see, how much is the pay cost, application by Dong Huosheng in a trial period, the results identified by Ganzhou Dongsheng forensic accounting is 50000 multivariate, identification data came out, the appellee in the trial period has in the original 53000 multivariate change to 56000 yuan, the court of first instance found is 53000 multivariate, appellees retain the corresponding rights. On this data, the accounting firm specific instructions, the trial has been witness to testify, that spending is objective, true. Combined with the facts of the case, notify in writing the appellant led Dong Huosheng to have no way to exercise school management authority, the cost should be protected by law.

   Trial by the court found: the appellant Nanxiang vocational school before the respondent Dong Huosheng took over, the students there are 40 people or so, after the takeover of new students 6 people, 21 people back to the old. After the requirements of students drop out, Dong Huosheng returned to the student fee is charged by the student fees.

   In 2006 August, "Information Daily" once because of complaints from students to "," Nanxiang "school enrollment propaganda" to speak in superlatives on Nanxiang vocational problems were reported.

   In September 5, 2006 Dong Huosheng's request, the appellant's legal representative Dong Xianhua issued a written notice, to its content is: "Comrade Dong Huosheng: Ganzhou Nanxiang vocational school work since September 5, 2006 by the cases of Comrade Guang Wei to take over. Dong Xianhua, 2006.9.5". Dong Xianhua issued the notice, Zong Guangwei did not take over the school.

   The appellee Dong Gang was born in 2006 in mid April was hired by the appellant Nanxiang vocational school vice principal, engaged in the school administration work. Before, had engaged in a Ganzhou Chinese School administration.

   The other fact instance identified, and the verdict finds consistent.

   This house believes that: the focus of controversy in this case is mainly: first, in June 18, 2006, the appellant and appellee signed the "contract book" authorized managed vocational school effectiveness; two, in this case, assume the problem both parties respective losses cognizance and loss.

   On the first question, in the "Education Law of the people's Republic of China" and "the people's Republic of China Private Education Promotion Law" relating to private education laws and regulations, the relevant provisions on the school managed No. "The people's Republic of China Private Education Promotion Law" sixty-second stipulates: any of the following acts of private schools, by the examination and approval authority or other relevant departments shall order correction within a prescribed time limit, and shall be given a warning; if there is illegal income, confiscating the illegal income; if the circumstances are serious, shall be ordered to stop enrollment, school license revoked; constitutes a crime, shall be investigated for criminal responsibility according to law;...... (seven) forged or altered, the sale, rental, lending the license to run a school....... The above provisions, it is not difficult to find rental, lending the license to run a school of the law prohibiting sexual behavior. In this case, both parties to the contract signed name for "authorized managed schools contract book", and at the signing of the contract on the same day the appellant also to appellee Dong Huosheng issued a "letter of authorization", "authorized Comrade Dong Huosheng took over Nanxiang vocational school charge, money," contract "". But from the contents of the contract, the appellant is by sending charge tuition and fees, according to the respondent recruiting students number according to a certain proportion of the funds allocated to the appellee appellee shall enjoy the right to employment, the faculty school, enjoy "administrative office", "academic", "general". The right to use and the school people, money, material management right. According to the above content, can be identified "authorized contract" system managed schools named principal is rental, lending the license to run a school, in violation of the "people's Republic of China Private Education Promotion Law" of the above provisions, the "contract" authorized managed schools should be recognized as invalid contract. According to the "contract law" provisions of the people's Republic of China fifty-sixth, invalid contract is not legally binding ab initio, not by the will of the parties has the corresponding legal consequences. Therefore, the appellant argues that the contract both sides agreed that the "contract" authorized managed vocational school is a valid contract, the court has no power to determine that the contract is invalid grounds of appeal can not be established, the court shall not accept.

   About the problem of the appellee loss to Dong Huosheng. The appellee Dong Huosheng sued appellant Nanxiang vocational school pay to advance investment is 53971.81 yuan, on the basis that its own financial account. The first instance court commissioned Ganzhou Dongsheng forensic accounting for Dong Huosheng managed Nanxiang vocational school expenses were identified, the conclusion is balance Huosheng Dong a total investment of 55647.22 yuan, the trial court accordingly finds the appellee Dong Huosheng claim for the loss of 53971.81 yuan. This house believes that, although the appellant also admitted that during the "managed" by the appellant Nanxiang vocational school repair the desk, paint the walls, but the appraisal report issued by the Ganzhou Dongsheng forensic accounting is not identified as being Dong Huosheng loss the appellant's basis, the reason is: first of all, most of the original certificate identification report is based in white collar and receipt, identification report contain the above amount to the total amount of 26523.08 yuan. Zhu Xiangji is not only accounting, and Dong Huosheng was hired in charge of Finance vice president, during custody accounts itself is not standardized, the authenticity of the original vouchers to send it cannot be confirmed; secondly, to send in the document without both parties confirm, and entrusted appraisal is in the respondent Dong Huosheng in December 8, 2006 second session of the court in has been clear about the statement does not apply for the identification of the case, the court again according to its December 14, 2006 to submit a written application to the identification of the case, the defects exist in the procedure. For the conclusion, the appellant Nanxiang vocational advice is appraisal agencies did not make investigations both within and without, identification basis is not real, and the identification of institutions for the identification of the material is true, the full report has clearly stated irresponsible; third, the witness, Liu Defa, Lin Hongjing, Luo Changping, Lai Yinfei et al., to appear as a witness, the appellant Nanxiang vocational school has not sent in court. The identification of the report can not be identified as being Dong Huosheng loss the appellant basis, authenticity and appellee provides financial account and cannot be confirmed, the respondent Dong Huosheng appealed people Nanxiang vocational compensation disbursements sue is insufficient evidence.

   Loss on the appellant Nanxiang vocational school. Nanxiang vocational school Dong Huosheng counterclaim request compensation for 80000 yuan, the basis is: according to the contract, after the expiration of the period of Dong Huosheng at least managed should return 40 students, or 40 x (3200 - 1200) yuan =8 yuan. In this regard, we think, first of all, "the contract for authorized managed" invalid contract, the contract itself can not be counted as profit basis; secondly, the school managed before the rectification belong to the school, Department has expressly enrollment, training may not be the rectification period. The appellant counterclaim request compensation for loss of Dong Huosheng students lack of legal basis. As for the appellant Nanxiang vocational school venue rental loss, this loss is not due to the request, the court shall not review.

   About the problem of take the case responsibility. The opinion of this court, Dong Xianhua as a private school of investors, the legal representative of the people Huosheng Nanxiang, Dong Long in the private school (Ganzhou Chinese School) engaged in administration, signed the "contract book" authorized managed vocational school 2 months ago has for vice president for the appellant Nanxiang vocational school, and engaged in the school administrative work, it should be said that the two parties of the contract law, regulations on national private education related equally aware of the obligation, therefore, is equal to the two sides of the fault "invalid authorization managed schools contract". The appellee Dong Huosheng for contract losses should be the actually paid, and in return the school after the appellant has the part of the expenditure income, this part of the loss, Dong Huosheng did not provide evidence that, at the same time, according to the same principle of fault, this part of the loss to be liable for its own nothing wrong, so the appellee Dong Huosheng litigation request, the court shall not support. As for the appellant Nanxiang vocational counterclaim request the appellee compensation loss due to the students, no legal basis, the court had not supported.

   To sum up, the appellant and appellee Nanxiang vocational school Dong Huosheng signed the "contract book" managed schools authorized and invalid due to violation of "the people's Republic of China Private Education Promotion Law" prohibition, cause the contract invalid, the parties fault, both for the contract invalid loss made their respective. The judgment that the basic facts are clear, that the contract is null and void, but the appellee Dong Huosheng loss recognized properly, to distinguish between the responsibility not; the appellant Nanxiang vocational school appealed that the "contract" authorized managed vocational school is a valid contract, the appellee Dong Huosheng breach claims can not be established, the court shall not accept. As for its appeal and puts forward the existing problems in the trial court property preservation, not of the second instance of this case review of the category, the appellant shall through reconsideration procedure. Accordingly, in accordance with the "contract law" article fifty-second of the people's Republic of China (five), fifty-sixth, fifty-eighth, "the people's Republic of China Private Education Promotion Law" article sixty-second, "PRC Civil Procedure" article 153rd (two) the provisions of item, and by the court's judicial committee to discuss the decision, the decision as follows:

   Maintain a, Zhanggong District of Ganzhou, the people's Court (2007) chapter of the civil re word second - 2 Civil Judgment first, two, five;

   Two, the revocation of Ganzhou City Zhanggong District People's Court (2007) chapter of the civil re word second - 2 civil decision third, four;

   Three, dismiss the claims of Dong Huosheng.

   A review of the case acceptance fee of 2130 yuan, 570 yuan of property preservation fee, counter case acceptance fee of 4710 yuan, the actual expenses 600 yuan; second case acceptance fee of 7040 yuan, total 15050 yuan, by the appellant Ganzhou Nanxiang occupation training school, the appellee Dong Huosheng each take 7525 yuan.

   This judgment is the final judgment.

   Chief justice Lai Hui

   Judge Wen Jinlai

   Acting judge Huang Ping

   Two hundred eight years in April 18th

   The clerk Wang Liqiong

   The clerk Zou Feng