2011Years9Month25Day, I come across a street leading telephone, the leadership by the Advisory said, a residential building residential rental property owners to private training courses, adjacent to the owners and reflect the surrounding residents, a banging noise in the trainees, serious impact on sleep and live neighbors, there are potential safety hazard to residential security, request the relevant departments coordinate. Relevant departments of real estate department, Education Department invited, the business sector to participate in the coordination solution, the Department of Education says according to the education law education departments have no right to punish; industry and Commerce Department said that the business sector can be punished, but the punishment to do training? Because the solution is not found, the masses of complaints say the government is stem what eat? Excuse me this how to solve?

Answer, first, China's property law seventy-seventh stipulation: "the owners do not violate the laws, regulations and management rules, will be changed to residential and business premises. Owners will be changed to residential and business premises, in addition to complying with the laws, regulations and management rules, shall be subject to the consent of the interested owners." Accordingly, the "legitimacy to live operators" behavior of the need to meet two conditions: one is to abide by the laws, regulations and management rules; two is to obtain the consent of the interested owners. If without the consent of the interested owners, "live to business" still do not have legitimacy.

Second, affected owners may apply to the people's court proceedings for the removal of obstacles, elimination of dangers. "Explain" the Supreme People's Court on several issues of specific application of law in the trial of cases of disputes over ownership of buildings to make a provision: "the owners will be changed to residential and business premises, not in accordance with the provisions of the property law article seventy-seventh with the consent of the interested owners, the interested owners request to remove the hindrance, elimination of danger, restitution or compensation for losses, the people's court shall support." It can be seen, the Supreme Court, other owners of the building have a veto, as long as the owner of a opposition, will not "live to business".

Third, people's Republic of China State Council Decree No.370Released on "unlicensed and banned procedures" provisions of article fourth: the following illegal acts, the administrative department for Industry and Commerce in accordance with the provisions of these Measures shall be investigated and dealt with:(A)Not in accordance with the law shall acquire the license or any other document of approval and business license, unauthorized engaged in unlicensed business activities. Fifth: "the provisions of the administrative department for Industry and commerce at all levels shall perform their duties according to law, promptly investigate and deal with unlicensed operators act within its jurisdiction."Article nineteenthRegulations.The administrative department for Industry and Commerce found operating without a license behavior is not investigated, the violation of the criminal law, shall be investigated for criminal responsibility according to law; not serious enough for criminal punishment, shall be demoted, dismissed until the expulsion of administrative sanctions.

The"Unlicensed and banned procedures"Ninth: "the provisions of the administrative department for Industry and commerce at or above the county level for suspected unlicensed and banned, may exercise the following functions and powers:(A)Shall be ordered to stop business;(Five)Attachment, seizure activity engaged in unlicensed specially used for tools, equipment, raw materials, products(Commodity)Property." Twelfth the provisions of the third paragraph: "according to the provisions of these measures, the seizure, seizure of property shall be confiscated, confiscated according to law."

The"Unlicensed and banned procedures"Rule fifteenth: knew or should have known that belong to unlicensed operators act as prescribed in the present Measures and provide for the sites of production and business operation...... The conditions, the administrative department for Industry and Commerce shall be ordered to immediately stop the illegal act, confiscate the illegal income, impose2Yuan shall be imposed.

Fourth, the State Council issued the "Regulations on the management of the social forces running" twenty-fifth article: violation of this Ordinance, any of the following acts, shall be ordered to make corrections or correction within a prescribed time limit, and depending on the seriousness of the case, by the competent administrative department of adult education or jointly with the relevant administrative department shall give it a warning, confiscate the illegal income, school license revoked; violate the criminal law, criminal responsibilities shall be investigated by judicial organs according to law: (two) to school or have suspended, cancelled or revoked the license, still unauthorized entrance education.

The provisions on the implementation of "problems of social forces running regulations" opinion third State Education Commission: according to the "Regulations" provisions of article fifteenth, social forces organized institutions of education diploma education and continuation education, preschool education, self-study examination, the education administrative department in charge of examination and approval; educational institutions, sports, health, the implementation of art financial, legal training, with the consent of the relevant business department after the audit, approval by the administrative department of education; educational institutions organized to implement occupation skill occupation qualification training, technical level training, employment occupation skill training, examination and approval by the administrative departments of labor, education administrative departments at the same level for the record.

National School Running permit system for social forces. Without the education administrative department for examination and approval or filing, no educational institutions. According to the "Regulations" article fiftieth, "Education Law" the provisions of article seventy-fifth, "in violation of state regulations, run schools or other institutions of education, shall be revoked by the administrative department of education". "Education Law" seventy-fifth stipulates: "in violation of the relevant provisions of the state, schools or other institutions of education, shall be revoked by the administrative department of education; have the illegal income, the confiscation of illegal income; the leading persons directly in charge and other persons directly responsible shall be given administrative sanctions in accordance with law." Rule seventy-sixth: "in violation of the relevant provisions of the state to recruit students, the education administrative department shall be ordered to return the recruit students, refund of fees; the leading persons directly in charge and other persons directly responsible shall be given administrative sanctions in accordance with law."

    The "measures" management in Shanghai city schools run by social forces of article eighth (three) stipulates: "hold without national recognition of technical grade education, school education should be to the school, county seat of the District, the administrative department for examination and approval procedures; the occupation technical, legal, organized art, health, sports, tourism and other content (including training) schools, the education administrative department jointly with the District, county above labor, justice, culture, health, sports, tourism and other administrative departments for approval."The preceding paragraph (three) shall conduct the school, after approval, by the administrative department of education to "social forces school license".

    The "measures" management in Shanghai city schools run by social forces thirteenth stipulates: "school, must be reported to the original examination and approval department for examination and approval, shall be published, broadcast, post, post. Recruitment advertising content must be limited to the approved school scope."Article twenty-secondRegulations.In violation of the present procedures, according to different conditions, given by the administrative department of Education3Million fine, ordered to stop enrollment until revoked "social forces school license" punishment; some of the labor administrative department for examination and approval of the school, given by the labor administrative department3Million fine, shall be ordered to stop the recruitment of punishment.Did not hold the approved by the education or the administrative department of labor of the school, in addition to the punishment according to the provisions of the preceding paragraph, a correction by education or the administrative department of labor shall be ordered, and return the illegal income." 

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