Authorized Agent: Ma Huaide, lawyer of Beijing Datong Zheng Da Law Firm.
Authorized Agent: Sun, lawyer of Beijing Law Firm.
Defendant: University of Science and Technology Beijing.
Legal Representative: Yang Tianjun, person in charge.
Authorized Agent: Zhang Feng, associate professor of China University of Political Science and Law.
Authorized Agent: Li Mingying, director of the President's Office of University of Science and Technology Beijing.
Tian Yong, the plaintiff, believed that he met the statutory requirements for university graduates, and the defendant, University of Science and Technology Beijing, refused to issue him a diploma or a degree certificate, which was illegal, so he filed an administrative lawsuit with the Haidian District People's Court in Beijing.
As a student, I have been participating in various activities organized by the defendant University of Science and Technology Beijing, completing the teaching plan formulated by the school, and my academic performance and graduation thesis have reached the level of junior college graduates. However, just before graduation, the defendant informed our department that he refused to issue me a diploma, a degree certificate and go through the graduation dispatch formalities on the grounds that I didn't have a student status. This practice of the defendant violated the law. Request for a decree from the defendant: 1. Send me a diploma and a degree certificate; Second, handle the graduation dispatch formalities for me in a timely and effective manner; Third, compensate me for the economic loss of 3,000 yuan; Fourth, publicly apologize to me in the school newspaper and restore my reputation; 5. Bear the legal costs of this case.
The defendant argued that Tian Yong, the plaintiff, violated the provisions in the Emergency Notice on Strict Examination Management (hereinafter referred to as Notice No.068) of our school and was discovered by the invigilator during the make-up examination. The school decided to treat Tian Yong as a dropout, and informed the relevant departments of the school to handle the dropout procedures for Tian Yong. Abel Tamata Yong's notice has also been sent to the college in Tian Yong through the school mailbox. At this point, Tian Yong's student status has been cancelled. Because Tian has never cooperated with the relevant procedures, some departments of the school are not in place, and some faculty members do not understand the situation, resulting in the fact that they can continue to study in the school after dropping out of school. However, the acquiescence of some school departments and teachers to Tian Yong's continued study in the school does not represent the will of the school, nor can it prove that Tian Yong's student status has been restored. Without a student status, it is impossible to have the conditions for college students to graduate. It is correct for our school not to issue graduation certificates and degree certificates to Tian Yong, and not to go through graduation dispatch procedures. The court should reject Tian Yong's claim according to law.
The Haidian District People's Court of Beijing found through trial that:
1September, 994, plaintiff Tian Yong was admitted to the Department of Physical Chemistry, School of Applied Science, University of Science and Technology Beijing, and obtained the undergraduate student status. 1on February 29th, 996, Tian Yong took a note with electromagnetic formula written on it when he took the make-up exam of electromagnetics course. When I went to the toilet halfway, the note fell out and was found by the invigilator. Although the invigilator didn't find Tian Yong peeking at the note, according to the discipline of the examination room, he immediately stopped Tian Yong's exam. On March 5th of the same year, University of Science and Technology Beijing determined that Tian Yong's behavior belonged to cheating in the exam, including those who cheated on him, according to the provisions of Item 5 of Article 3 of Circular No.068. According to Article 1, "Anyone who cheats in the exam will be considered as a dropout", it is decided to treat Tian Yong as a dropout. April 10 issued a notice of change of student status. However, University of Science and Technology Beijing did not directly announce the punishment decision to Tian Yong, served the notice of change of student status, and did not go through the formalities of dropping out of school for Tian Yong. As a college student, Tian Yong continued to participate in the normal study and activities organized by the school.
1March 1996, the plaintiff Tian Yong lost her student ID card and failed to register for the second semester of 1995 to 1996. In September of the same year, the defendant University of Science and Technology Beijing reissued a student ID card for Tian Yong. Later, every year, Beijing University of Science and Technology collected the education fee paid by Tian Yong, registered in Tian Yong, distributed subsidies to college students, arranged for Tian Yong to participate in the graduation practice design for college students, and the thesis instructor received the graduation design completion fee issued by the school. Tian Yong also took the exam as a college student, and successively obtained the CET-4 certificate and the basic language test of computer application level. During the four years of studying in this school, Tian Yong passed the graduation practice, design and thesis defense, and won the ninth place in his class with excellent graduation thesis and total graduation score. University of Science and Technology Beijing does not deny the above facts.
Some teachers of the defendant University of Science and Technology Beijing complained to the former State Education Commission about the student status of the plaintiff Tian Yong. In May 1998, the Department of College Students of the former State Education Commission wrote to University of Science and Technology Beijing, arguing that the proofreader's handling of Tian Yong's violation of examination discipline was too severe, and suggested a review. On June 5 of the same year, University of Science and Technology Beijing still adhered to the original conclusion after review.
1June, 1998, the relevant department of University of Science and Technology Beijing refused to issue a diploma to the plaintiff Tian on the grounds that he would never have a student status, and further failed to report the Graduation Dispatch Qualification Form to the education administrative department. Tian Yong Institute of Applied Sciences and Department of Physical Chemistry believe that Tian Yong meets the requirements of graduating from university and awarding a bachelor's degree. Because the college is negotiating with the school about Tian Yong's student status, there is no form for Abel Tamata Yong's class to sign the bachelor's degree for the time being, and it will be signed after Tian Yong's student status is solved. Therefore, the school did not include Tian Yong in the list of qualifications for awarding bachelor's degrees, and submitted it to our school's academic degree evaluation committee for review.
The evidence submitted by the defendant University of Science and Technology Beijing to our hospital in this case includes: 1, the written answer sheet written by the plaintiff Tian Yong on February 29th, 1996, and the written testimony of two invigilators. These evidences can prove that Tian Yong took a note with him when he took the exam, but he didn't find the fact that he was peeking. 2. The Emergency Notice on Strengthening Examination Management, the Emergency Notice on Strict Examination Management, School (94) No.068 issued by the former State Education Commission and the speeches of relevant leaders of the former State Education Commission do not belong to the scope of laws and regulations that people's courts can refer to when trying administrative cases as stipulated in Article 53 of the Administrative Procedure Law of the People's Republic of China; 3. Instructions from the Academic Affairs Office of University of Science and Technology Beijing on Tian Yong and others cheating in the examination process, work briefing in the final exam, and notice of change of student status. The above documentary evidence can prove that University of Science and Technology Beijing made a decision on Tian Yong's withdrawal from school on April 1996, but it can't prove that the decision has been directly delivered to Tian Yong, nor can it prove that the decision has been actually implemented; 4. A letter from the Student Affairs Office of the former State Education Commission and a report from University of Science and Technology Beijing on the reexamination results of cheating in the Tian Yong exam. These documentary evidences can prove the opinions of some teachers of University of Science and Technology Beijing and the former College Students Department of the State Education Commission on Tian Yong's punishment, and the attitude of University of Science and Technology Beijing after learning these two opinions; 5. University of Science and Technology Beijing's decision to expel Wang Bin, a student of University of Science and Technology Beijing, and 7 copies of work briefing, the final exam. The above documentary evidence is not necessarily related to this case and cannot be used as evidence in this case. In addition, during the litigation, University of Science and Technology Beijing obtained the testimony of teachers such as Tang Youlan, test transcripts, 1998 class graduation qualification and bachelor's degree approval form, student registration card, student file registration form, library card of the school security office's household registration office, and statistics of the number of students in the fourth, fifth and inorganic classes of the Notice of Change of Student Status. They were handed over to the court without the consent of the court.
The evidences submitted by Tian Yong, the plaintiff, are: 1, 1996, and the student ID card (student number: 94 1 1026) reissued by University of Science and Technology Beijing for Tian Yong in September, which proves that University of Science and Technology Beijing not only reissued the student ID card for Tian Yong in September (1996). 2. Blood donation card, re-examination certificate, admission ticket, receipt and bill, CET-4 certificate, certificate of basic computer language, two testimonies from Tian Yong, documentary evidence of internship unit and documentary evidence of graduation expenses. The above evidence can prove the relevant facts of Tian Yong's study, examination and life as a college student under the management of University of Science and Technology Beijing; 3. Student transcripts, which can prove Tian Yong's academic performance in school for four years; 4. The Recommendation Form for Employment of Graduates from Ordinary Colleges and Universities in Beijing stamped by the competent department of University of Science and Technology Beijing can prove that University of Science and Technology Beijing has recognized Tian Yong as a fresh graduate; 5. The certificate issued by the School of Applied Science, University of Science and Technology Beijing confirms that Tian Yong has passed all the examinations and thesis defense, and his knowledge and skills have qualified for graduation. When Tian Yong's student status is resolved, he will sign the degree awarding form.
During the trial, the court cross-examined the above evidence submitted by both parties.
The Haidian District People's Court of Beijing held that:
Under the current situation in China, although some institutions and social organizations do not have the qualifications of administrative organs, the law gives them certain administrative powers. There is no equal civil relationship between these units, organizations and management counterparts, but a special administrative relationship. Disputes arising from their management actions are not civil lawsuits, but administrative lawsuits. Although the defendant referred to in Article 25 of the Administrative Procedure Law of the People's Republic of China is an administrative organ, in order to safeguard the legitimate rights and interests of the management counterpart, it is beneficial to resolve social contradictions and maintain social stability to supervise institutions and social organizations to exercise the administrative powers entrusted by the state and list them as defendants in administrative proceedings. Article 21 of the Education Law of the People's Republic of China 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." Article 8 of the Regulations on Academic Degrees in People's Republic of China (PRC) stipulates that "the bachelor's degree shall be awarded by an institution of higher learning authorized by the State Council". In this case, the defendant, University of Science and Technology Beijing, is a legal person engaged in higher education, and the plaintiff, Tian Yong, appealed to him to issue his diploma and degree certificate. It is precisely because he has the administrative power to issue academic certificates and degree certificates to the educated on behalf of the state, so the administrative disputes caused can be solved by applying the administrative litigation law.
Plaintiff Tian Yong didn't get the diploma and degree certificate issued by University of Science and Technology Beijing, because University of Science and Technology Beijing thought that Tian Yong had been expelled from school and lost his school status. Among the rights exercised by schools and other educational institutions as stipulated in Article 28 of the Education Law, item (4) clearly stipulates: "Manage students' status and implement rewards or punishments". It can be seen that the management of student status is also a special administrative management that the school implements for the educated according to law. Therefore, examining whether Tian Yong has a student status is the key to this case.
Plaintiff Tian Yong passed the examination and was admitted by defendant University of Science and Technology Beijing. After that, he enjoyed the status of this school and obtained the qualification to study in this school. At the same time, he will accept the management of this school. Although educators have corresponding educational autonomy in the management of educated people, they must not violate the provisions of national laws, regulations and rules. Although Tian Yong took a note with the contents related to the exam when he made up the exam, there is no evidence to prove that he peeked at the note, and his behavior did not reach the level of cheating in the exam, which should be a violation of the discipline of the examination room. University of Science and Technology Beijing can deal with Tian Yong's violation of discipline in the examination room according to the regulations of the school, but this kind of treatment should conform to the spirit of laws, regulations and rules, at least not more important than the provisions of laws, regulations and rules. 1990 The State Education Commission 10. Article 12 of the Regulations on the Administration of Students in Colleges and Universities stipulates: "Anyone who is absent from the exam or cheats in the exam without authorization is not allowed to make up the exam normally. If he does show repentance, he can be given a chance to make up the exam before graduation. If you cheat in the exam, you should be disciplined. " Twenty-ninth ten situations that should be dropped out of school, there is no provision that you should drop out of school if you don't abide by the discipline of the examination room or cheat in the exam. Notice No.068 of University of Science and Technology Beijing not only expands the scope of "cheating in exams", but also deals with "cheating in exams" obviously more seriously than the provisions of Article 12 of the Regulations on the Administration of Students in Colleges and Universities, and also conflicts with the withdrawal conditions stipulated in Article 29, so it should be invalid. On the other hand, the treatment of dropping out of school involves the right to education of the person being treated. Proceeding from the principle of fully protecting the rights and interests of the parties concerned, the unit that made the handling decision shall directly announce and serve the handling decision to the person being dealt with, and allow the person being dealt with to defend himself. University of Science and Technology Beijing did not follow this principle and ignored the right of defense of the parties. This kind of administrative behavior has no legitimacy. As a matter of fact, Beijing University of Science and Technology has never handled the cancellation of student status, transfer of household registration and transfer of files for Tian Yong. Especially after Tian Yong lost his student ID card, the school reissued his student ID card and registered it in September. 1996. This fact should be regarded as the fact that the school automatically revoked the original decision to regard Tian Yong as a dropout. After that, Tian Yong studied in the school for four years, participated in the examination, internship and graduation design arranged by the school, and the thesis defense was also passed, which proved that the decision to quit school never had its due effect in law, and Tian Yong still had the status of a student in Beijing University of Science and Technology. University of Science and Technology Beijing argues that Tian Yong's ability to continue studying in the school is the behavior of some departments and teachers in the school, and cannot represent the will of the school. In view of the fact that the behavior of these departments and some teachers is the duty behavior of University of Science and Technology Beijing, University of Science and Technology Beijing should bear legal responsibility for the consequences of this duty behavior.
The state implements the academic certificate system. As the plaintiff Tian Yong has a student status at University of Science and Technology Beijing, when Tian Yong received formal education and completed his studies, reaching a certain academic level and requirements, University of Science and Technology Beijing, as a state-approved institution of higher learning, should issue a corresponding academic certificate to Tian Yong in accordance with the provisions of Item 5 of Paragraph 1 of Article 28 of the Education Law and Article 35 of the Regulations on the Administration of Students in Ordinary Colleges and Universities, so as to recognize his considerable academic qualifications.
The state practices a degree system. Plaintiff Tian Yong is a college student. After graduation, a bachelor's degree can be awarded according to Article 4 of the People's Republic of China (PRC) Academic Degrees Regulations. The defendant University of Science and Technology Beijing, as an institution authorized by the state to award bachelor's degrees, should organize relevant personnel to review Tian Yong's graduation achievements, graduation appraisal and other materials according to the procedures stipulated in Articles 4 and 5 of the Interim Measures for the Implementation of People's Republic of China (PRC)'s Academic Degrees Regulations, so as to decide whether to award his bachelor's degree.
On the dispatch of college graduates. "Graduate Employment Dispatch Registration Certificate" shall be issued by the competent department of graduate deployment of all provinces, autonomous regions and municipalities directly under the Central Government according to the employment plan issued by the education administrative department. Ordinary institutions of higher learning shall, in accordance with the provisions of Article 9 of the Interim Provisions on the Employment of Graduates of Ordinary Institutions of Higher Learning, fulfill the obligation to report the relevant information of graduates to the local education administrative department for examination and issue graduation dispatch certificates. After the plaintiff Tian Yong obtained the university graduation qualification, the defendant University of Science and Technology Beijing shall perform the above duties.
The scope of administrative compensation stipulated in Articles 3 and 4 of the State Compensation Law of People's Republic of China (PRC) only includes the actual infringement of personal rights or property rights of victims caused by illegal administrative acts. At present, the state implements a two-way employment policy for college students' graduation distribution, and students can't find jobs or earn income after graduation. Therefore, the defendant University of Science and Technology Beijing refused to issue a certificate, which only made the plaintiff Tian Yong lose the opportunity to work with his classmates at the same time, and did not actually damage Tian Yong's personal rights and property rights. Therefore, Tian Yong's claim for compensation for economic losses on the grounds that the failure of University of Science and Technology Beijing to issue graduation certificates on time has damaged its vested interests cannot be established.
Plaintiff Tian Yong violated the discipline of the examination room. According to this fact, the decision made by the defendant University of Science and Technology Beijing on Tian Yong's withdrawal from school could not be established, but it did not damage Tian Yong's reputation. Therefore, Tian Yong sued and asked the court to order University of Science and Technology Beijing to apologize and restore its reputation in the school newspaper, but it was not supported.
To sum up, Beijing Haidian District People's Court ruled on1February, 999 14:
1. The defendant, University of Science and Technology Beijing, issued a bachelor's degree certificate to the plaintiff, Tian Yong, within 30 days from the effective date of this judgment;
2. The defendant, University of Science and Technology Beijing, called academic degree evaluation committee of University of Science and Technology Beijing within 60 days from the effective date of this judgment to review the bachelor's degree qualification of plaintiff Tian Yong;
3. The defendant, University of Science and Technology Beijing, fulfilled the declaration obligation of the plaintiff, Tian Yong, to send relevant procedures to the local education administrative department within 30 days from the effective date of this judgment;
Four, reject the plaintiff Tian Yong's other claims.
After the verdict was pronounced in the first instance, University of Science and Technology Beijing appealed. The reasons are: 1, Tian Yong has been revoked, and the original judgment found that it was wrong for our school to change its decision to deal with Tian Yong and restore his student status; 2. The school rules and regulations formulated by our school according to law and the handling of its students according to the school rules belong to the scope of school autonomy, and no organization or individual may interfere with them for any reason; 3. The evidence extracted from the teaching files submitted by our school to the first instance is not illegal, and the court should accept it. Request the second instance to annul the original judgment and reject Tian Yong's claim.
After trial, the Beijing No.1 Intermediate People's Court held that the original judgment found that the facts were clear, the evidence was sufficient, the applicable law was correct, and the trial procedure was legal, which should be upheld. The appellant, University of Science and Technology Beijing, thinks that the appellee Tian Yong no longer has a student status, which is inconsistent with the facts and will not be adopted. According to the authorization of the state, the school has the right to formulate school rules and disciplines, and has the right to conduct teaching management and disciplinary treatment for students in school. However, the school rules and regulations formulated and the teaching management and disciplinary treatment based on them must comply with the provisions of laws, regulations and rules, and must protect the legitimate rights and interests of the parties. University of Science and Technology Beijing's handling of Tian Yong's withdrawal from school violates the provisions of laws, regulations and rules and is invalid. Although the evidence obtained from the teaching files submitted by University of Science and Technology Beijing in the lawsuit does not belong to the case that the defendant may not collect evidence from the plaintiff and witnesses during the lawsuit, it cannot be proved that the evidence was formed when the decision to quit school was made, so the court refused to recognize it. Accordingly, on April 26th, 1999, Beijing No.1 Intermediate People's Court ruled that:
Reject the appeal and uphold the original judgment.