Recently, some early education training institutions have stopped classes and closed their shops, and there are crises such as closure of business and closure, which has aroused the concern and worry of parents who buy early education services. Beijing TV's "Rule of Law" reporter responded to the concern by visiting and investigating the case, and Zhang Liqiong, a lawyer from King & Capital Law Firm, was interviewed by Beijing TV, answering and commenting on the related legal issues. The programme was broadcast at noon on "3.15 Consumer Rights and Interests Day" of "The Rule of Law".
In the interview, Zhang Liqiong argued that some education and training institutions use the fees paid in advance by consumers for commercial operation or continued investment, which is equivalent to transferring the operational risks of the institution to consumers, and some even deliberately charge educational services in advance at low prices or preferential means, but fail to deliver on their promises or services, which are detrimental to the interests of consumers.
On the early education parents concerned about the legal rights of the path of the problem, Zhang Liqiong lawyers believe that, in terms of civil litigation, parents can require early education institutions to pay liquidated damages or compensation for losses and continue to fulfil the contract, but also can ask for the cancellation of the contract, the return of the prepaid training fees and compensation for damages. However, if the training organisation knows that it does not have the ability to perform the contract as advertised, and by inducing the payment of fees, it is suspected of constituting a criminal offence of fraud by tricking the prepaid or pre-paid fees; there is also the fact that the prepaid mode of operation of education and training is a fund-raising scam, which needs to be vigilant and reported to the public security authorities in a timely manner.
Parents concerned about the return of education and training costs and compensation for losses can be achieved, Zhang Liqiong analysis that has the content of the payment of the judgement entered into force, the parties can apply to the court for enforcement, garnishment of the assets of the educational institutions, if the educational institutions do not have the property available for enforcement, and ultimately, it will be difficult to achieve the return of the cost of reimbursement. Some educational institutions registered in the form of limited liability company, to the company's property external independent debt liability, of course, the company's shareholders have not yet fully contributed to the capital, but also to bear the responsibility of supplementary reimbursement.
On the related education and training institutions "run" how to avoid problems, ZhangLiQiong lawyers think: can consider from the system level regulatory protection and rules governance, norms guide. Training organisations capital chain break, roll money to run away, the root cause also lies in the prepayment to buy class problem, so the key is to protect the safety of the prepaid funds, strengthen the prepaid funds supervision. Zhang Liqiong lawyers think it is necessary to improve the independent prepaid funds trusteeship or depository system to improve governance. From the individual level of parents to rational consumption, large amount of pre-deposit or prepaid education and training costs of behaviour to be cautious, it is necessary to investigate and understand the performance of the training institution's ability to situation, careful signing of the contract, properly save the evidence, according to the law and rational rights.
