First, the treatment of academic fraud is as follows:
1, cancel the position and work;
2. Cancel the distribution of relevant benefits, ask for the return of what has been enjoyed, and do not listen to dissuasion and enforcement;
3. Make corresponding punishment;
4. Those who have made major mistakes that affect major issues will be investigated for criminal responsibility according to law.
Two, the handling methods of academic fraud of public officials are as follows:
1, cancel the post and work, regardless of whether there is any illegal act of forging academic qualifications after becoming a public official, you can initiate an investigation, and after the investigation, you can be given administrative dismissal in the form of supervision suggestions or ask the competent department of civil servants to dismiss you according to regulations;
2. Cancel the distribution of relevant benefits, ask for the return of what has been enjoyed, and do not listen to dissuasion and enforcement;
3, the corresponding punishment, forged academic certificates to defraud the examination qualification, may be suspected of forging the seal of the institution, after finding out the facts, it can be handed over to the public security organs for handling;
4. Where there are major mistakes that affect major matters, criminal responsibility will be investigated according to law, and the clues will be handed over to the competent department of civil servants for investigation, which constitutes a violation of the discipline of examination and employment. If the circumstances are serious, they will be expelled or dismissed, and the handling will be notified to the competent department of civil servants at or above the municipal level and recorded in the integrity file of civil servants' examination and employment.
Third, academic fraud may be sentenced for the crime of forging national certificates. Forge the certificates of state organs. The constitutive requirements of this crime include four aspects:
1, the subject of this crime is the general subject, that is, anyone who has reached the legal age of criminal responsibility and has the ability of criminal responsibility can constitute this crime;
2. The object of this crime is the normal management activities and reputation of state organs; Official documents, seals and certificates used by state organs are important vouchers and means to manage them in certain fields and aspects of society. Any act of forging or altering state official documents, certificates and seals will affect its normal management activities and damage its reputation;
3. Subjectively, crime can only be caused by direct intention, and indirect intention or negligence does not constitute a crime;
4. This crime is objectively manifested as the behavior of the actor forging, altering, buying or selling or stealing, robbing or destroying the official documents, certificates and seals of state organs.
The above four elements are indispensable, otherwise it does not constitute a crime.
legal ground
People's Republic of China (PRC) Public Security Administration Punishment Law
Article 52 Whoever commits one of the following acts shall be detained for more than 10 days and less than 15 days, and may also be fined less than 1,000 yuan; If the circumstances are relatively minor, they shall be detained for more than five days and less than ten days, and may be fined not more than five hundred yuan:
(1) Forging, altering or buying or selling official documents, certificates, certification documents and seals of state organs, people's organizations, enterprises, institutions or other organizations;
(2) buying, selling or using forged or altered official documents, certificates and supporting documents of state organs, people's organizations, enterprises, institutions or other organizations;
(3) Forging, altering or reselling tickets, boat tickets, air tickets, tickets for cultural performances, sports competitions or other valuable tickets;
(4) Forging or altering a ship's registration number, trading or using a forged or altered ship's registration number, or altering a ship's engine number.
People's Republic of China (PRC) (China) Labor Contract Law
Article 39 If an employee unilaterally terminates (negligently dismisses) a labor contract under any of the following circumstances, the employer may terminate the labor contract:
(a) during the probation period, it is proved that it does not meet the employment conditions;
(two) a serious violation of the rules and regulations of the employer;
(three) serious dereliction of duty, corruption, causing great damage to the employer;
(4) The laborer establishes labor relations with other employers at the same time, which has a serious impact on the completion of the work tasks of the unit, or the employer refuses to correct it;
(5) The labor contract is invalid due to the circumstances specified in Item 1 of Paragraph 1 of Article 26 of this Law;
(6) Being investigated for criminal responsibility according to law.
Article 40 If an employee is dismissed without fault, the employer may terminate the labor contract after notifying the employee in writing 30 days in advance or paying the employee an extra month's salary:
(1) The employee is sick or injured non-work-related, and cannot engage in the original job or other jobs arranged by the employer after the prescribed medical treatment period expires;
(two) the laborer is not competent for the job, and he is still not competent for the job after training or adjusting his post;
(3) The objective conditions on which the labor contract was concluded have changed greatly, which makes it impossible to perform the labor contract, and the employer and the employee cannot reach an agreement on changing the contents of the labor contract through consultation.