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Should the school file an administrative lawsuit or a civil lawsuit if it does not issue a diploma?
You can file an administrative lawsuit. The school is a legal person engaged in education, and the dispute between the school and the students is an administrative dispute caused by the school's administrative management of the students' status and the exercise of the administrative power to issue academic certificates or degree certificates. There is a special administrative relationship between schools and students. The law endows the school with certain management functions and powers. Listing a school with certain management authority as the defendant in administrative litigation is conducive to safeguarding the legitimate rights and interests of the management counterpart, resolving administrative disputes between the school and the management counterpart (students), resolving contradictions and maintaining stability.

2. Article 21 of the Education Law stipulates: "The state practices the academic certificate system." "Schools and other educational institutions established or recognized with the approval of the state shall issue academic certificates or other academic certificates in accordance with state regulations." Article 22 stipulates: "The state practices a degree system." "Degree-conferring units shall award corresponding degrees and issue degree certificates to those who have reached a certain academic level or professional and technical level according to law."

3. Article 8 of the Academic Degrees Regulations stipulates that "the bachelor's degree shall be awarded by an institution of higher learning authorized by the State Council". Article 28, regarding the rights exercised by schools and other educational institutions, also clearly stipulates "management of student status and rewards and punishments".

As can be seen from the above, the management of students' status is a special administrative management that the school implements for the educated according to law.