On April 12, the court of Shanyang District of Jiaozuo City made a first-instance judgment on Yao Yanyan v. Education Bureau of Shanyang District of Jiaozuo City for not handling teachers' complaints: because the lawsuit filed by Yao Yanyan did not meet the conditions for prosecution stipulated by law, the people's court of Shanyang District ruled that Yao Yanyan's lawsuit was rejected according to law.
Yao Yanyan's attorney, Chen Yajie, a lawyer of Henan Dacheng Law Firm, told Qilu Evening News that they just learned the result. "We are not very surprised by this result, but we don't agree with the referee's reasons. We decided to continue the appeal at that time. "
Extended data:
The court's decision is based on:
The Shanyang District People's Court held that Yao Yanyan mailed a "Teacher's Complaint" to the Education Bureau of Shanyang District of Jiaozuo City, demanding that the defendant, the Education Bureau of Shanyang District of Jiaozuo City, thoroughly investigate the recommendation and evaluation process of the title of Jiaozuo No.17 Middle School, declare the evaluation result of the title invalid according to law, and deal with it again, and investigate and deal with the offenders in the evaluation process according to law.
The teacher complained and sought to solve the dispute between Yao Yanyan and her in Jiaozuo No.17 Middle School because of the evaluation of professional titles. This kind of dispute belongs to the specific category of personnel management. Whether the Education Bureau of Shanyang District of Jiaozuo City handles this dispute belongs to the legal relationship formed by the internal management responsibilities of the education administrative department, and does not belong to the scope of accepting cases in administrative litigation stipulated in the Administrative Procedure Law of the People's Republic of China.
Therefore, the plaintiff Yao Yanyan filed a lawsuit in this case, which did not meet the legal requirements for prosecution. In accordance with the law, a case should not be filed for prosecution. If a case has been filed, a ruling should be made to dismiss the prosecution. Therefore, the above ruling was made according to law.
At the same time, in view of the problems related to the Shanyang District Education Bureau's handling of Yao Yanyan's complaint, the Shanyang District People's Court issued a judicial proposal to the Shanyang District Education Bureau according to law, suggesting that it should be handled according to the provisions of Article 39 of the People's Republic of China (PRC) Teachers Law.
Red Star News-drop the charges! The first trial of Jiaozuo female teacher v. Education Bureau was rejected. Lawyer: The appeal will continue.