First, the subject of educational legal relationship is recognized as the subject of educational legal responsibility only if it has the following four imputation elements of educational legal responsibility and bears the corresponding legal consequences.
1, damaging the facts. There are damaging facts, that is, the objective facts exist that the actor infringes on the education management, teaching order and the legitimate rights and interests of citizens, legal persons and other organizations engaged in education and teaching activities. This is the premise for education to bear legal responsibility.
2. The damage must be illegal. Violation of law refers to the behavior of the perpetrator who violates laws and regulations. This is the premise for education to bear legal responsibility.
3. The actor is wrong. The so-called fault refers to the psychological state of subjective intention or negligence when the actor carries out the behavior.
4. There is a causal relationship between the illegal act and the fact of damage. Illegal behavior is the cause of damaging facts, and damaging facts is the inevitable result of illegal behavior, and there is an inherent and inevitable relationship between them.
Two. Legal basis: Article 82 of the Education Law of the People's Republic of China.
1. If a school or other educational institution issues a degree certificate, academic certificate or other academic certificate in violation of the provisions of this Law, the education administrative department or other relevant administrative departments shall declare the certificate invalid and order it to be withdrawn or confiscated; Illegal income, confiscate the illegal income; If the circumstances are serious, it shall be ordered to stop the relevant enrollment qualification for more than one year and less than three years, until the enrollment qualification is revoked and the certificate qualification is issued; The directly responsible person in charge and other directly responsible personnel shall be punished according to law.
2. Organizations or individuals other than those specified in the preceding paragraph manufacture, sell or issue fake degree certificates, academic certificates or other academic certificates, which constitutes a violation of public security administration, and shall be punished by public security organs according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
3, cheating, plagiarism and other fraudulent acts or other improper means to obtain degree certificates, academic certificates or other academic certificates, the issuing institution shall revoke the relevant certificates. The purchase and use of fake degree certificates, academic certificates or other academic certificates, which constitutes a violation of public security management, shall be punished by the public security organs according to law.