As a defendant in an administrative lawsuit? Yes

Is there any relevant judicial interpretation? Yes "the Supreme People's Court on implementation

Is there a real case? Yes as follows

The Supreme People's Court, People's Republic of China (PRC)

the administrative ruling

(20 1 1) hangti's promise. 12

Apply for retrial (plaintiff of first instance, appellant of second instance).

Authorized Agent: Zhan Zhongle, Professor Peking University.

Authorized Agent: Zhan Zhongzhuo, lawyer of Beijing Zhongtian Law Firm.

Respondent (defendant in the first instance and appellee in the second instance) Jinan University.

Legal Representative: Hu Jun, president of this school.

Authorized Agent: Li Boqiao, teacher of this school.

Authorized Agent: Lu Yuxing, lawyer of Guangdong Shenglun Law Firm.

Ganlu, the retrial applicant, refused to accept the administrative judgment of Guangzhou Intermediate People's Court of Guangdong Province (2007) Sui Zhong Xing Zi No.709 and the notice of Guangdong Higher People's Court (20 10) Gao Yue Fa Hang Jian Zi No.6 rejecting the retrial application, and applied for retrial in our hospital. After examination, our court thinks that the original effective judgment may have errors in the application of the law, and submits it for an administrative ruling of (20 10) X Jing ZiNo. 1023. After the trial of this case, the court formed a collegiate bench to hear the case in public. The entrusted agents of Ganlu Company, Zhan Zhongle and Zhan Zhongzhuo, and the entrusted agents of Jinan University, Li Boqiao and Lu Yuxing, attended the proceedings. The case has now been closed.

The final judgment of Guangzhou Intermediate People's Court (2007) Guangzhou Zhongfa Zhong Xing Zi No.709 confirmed the following facts: Ganlu is a graduate student majoring in linguistics and applied linguistics in 2004 in Chinese College of Jinan University. In 2005, when Ganlu took part in the examination paper of modern Chinese grammar writing course, he submitted the examination paper "The Diachronic Development of the Future". The teacher found that the test paper he provided was plagiarized from the internet, so he criticized and educated him and asked to rewrite the test paper. The test paper "A Study on the Verb" Zao "in Northeast Dialect" provided by Mr. Gan Lu for the second time was found by the teacher to be similar to the paper "Grammatical and Semantic Features of the Verb" Zao "in Northeast Dialect" in Journal of Jianghan University, No.2, 2002. On March 8, 2006, Jinan University made the "Decision on Discharging Master Degree Students from School" [2006] No.7, and gave Gan Lu the punishment of expulsion from school. Ganlu refused to accept the decision and filed a complaint with the Guangdong Provincial Department of Education. On May 6, 2006, the Guangdong Provincial Department of Education issued the Decision on Students' Appeal (Guangdong Teaching Method [2006] No.7), arguing that Jinan University's disciplinary procedure against Manna violated the provisions of Article 33 of the Detailed Rules for the Implementation of Jinan University's Disciplinary Measures against Students, which affected the exercise of Manna's right to make statements, appeal and hearing, and did not conform to the Regulations on the Administration of Students in Colleges and Universities. After receiving the decision from the Guangdong Provincial Department of Education, Jinan University delivered the Notice of Investigation Talk to Zhao Xiaoman, Ganlu's mother, on June/Kloc-0, 2006, and investigated Ganlu's violation of discipline on the same day. On June 2, 2006, Chinese College of Jinan University suggested that Ganlu be expelled from school. On June 6th, graduate department of Jinan University submitted a report on how to expel Ganlu to the school leaders, suggesting that Ganlu be expelled from school. On June 7th, Jinan University delivered the Notice of Punishment to Zhao Xiaoman, Ganlu's mother, and made a notice record. On June 13, 2006, Zhao Xiaoman submitted his statement and defense materials to Jinan University. Jinan University also recorded Manna's statement and defense. On June 65438+May, 2006, the Student Discipline Committee of Jinan University held a meeting and decided to give Ganlu the punishment of expulsion from school, and submitted the opinions of giving Ganlu the punishment of expulsion from school to the president's office meeting for discussion. On June 19, Jinan University held the 6th President's Office Meeting in 2006. The meeting decided to expel Ganlu from school, and made a decision on expelling Ganlu from school (hereinafter referred to as the expulsion decision) by Xue Ji [2006] No.33. On June 2 1 day, Jinan University delivered the punishment decision to Zhao Xiaoman. On June 23rd, Jinan University delivered the expulsion decision to Ganlu through EMS. On June 1 1, 2007, Ganlu filed an administrative lawsuit with the Tianhe District People's Court of Guangzhou on the grounds that the decision made by Jinan University to expel students from school was unfounded and the punishment was too heavy, requesting to cancel the decision made by Jinan University and bear the legal costs of this case. Guangzhou Tianhe District People's Court upheld the expulsion decision with the administrative judgment of (2007) Tianhexing No.62. Ganlu refused to accept the appeal.

According to the final judgment of Guangzhou Intermediate People's Court, Jinan University has the right to manage, reward and punish students' status according to the Education Law of the People's Republic of China. Item (5) of Article 54 of the Regulations on the Management of Students in Ordinary Colleges and Universities stipulates that if the circumstances are serious, you can be expelled from school. Article 68 stipulates that institutions of higher learning shall formulate or amend student management regulations according to these regulations, report them to the competent education administrative department for the record, and announce them to students in a timely manner. Item (5) of Article 53 of the Interim Provisions on the Management of Students in Jinan University and Article 25 of the original Detailed Rules for the Implementation of Disciplinary Actions against Students in Jinan University stipulate that plagiarism or plagiarism of others' research results, if the circumstances are serious, may be punished by expulsion from school. In this case, Ganlu copied other people's test papers twice as his own, and his behavior belongs to copying other people's research results. After the teacher pointed out his wrong behavior, Ganlu still copied and deceived the teacher again, and his academic attitude was not rigorous. Jinan University believes that Ganlu's violation of the rules is serious and the main evidence is sufficient. The reason that Ganlu thinks his behavior is cheating in the exam is untenable and will not be adopted. In the process of school handling, Ganlu expressed her opinions in writing and entrusted her mother to accept the investigation and defense of Jinan University. Jinan University's handling procedures did not affect Manna's exercise of legal rights. Ganlu Company claims that the decision procedure of expelling students from school is illegal, unfounded and does not support it. In terms of applicable law, Jinan University has formulated its Regulations on Student Management under the authorization of the law, and made a decision to expel Ganlu from school according to the regulations, which did not violate laws, regulations and rules. It should be pointed out that it is inappropriate for Jinan University not to mention this provision in the expulsion decision, although Article 54 of the Regulations on the Administration of Students in Colleges and Universities has stipulated expulsion, but this flaw is not enough to affect the legality of the expulsion decision. To sum up, the Intermediate People's Court of Guangzhou, Guangdong Province held that the administrative decision of Tianhe District People's Court of Guangzhou (2007) Tianfahangchuzi No.62 upheld the decision of expelling Jinan University. Therefore, the Intermediate People's Court of Guangzhou City, Guangdong Province ruled that Ganlu's appeal was rejected and the original judgment was upheld.

Hou Ganlu applied to Guangdong Higher People's Court for retrial, and the court rejected his application for retrial by (20 10) Guangdong Gaofa Hang Jian Zi No.6 notice.

Gan Lu applied to our college for retrial, claiming that he did hand in two course papers when he was a graduate student studying Modern Chinese Grammar in Jinan University in 2004. However, the examination form of this course is open-book examination, which is conducted in the form of writing course papers. Copying other people's papers violates the examination discipline, and should be punished according to the provisions of the violation of examination discipline. But isn't this plagiarism the fifth paragraph of Article 54 of the Regulations on Student Management in Colleges and Universities and the Provisional Regulations on Student Management in Jinan University? The disciplinary act of "plagiarizing or copying other people's research results" as mentioned in Item (5) of Article 53. Does Jinan University apply the Interim Provisions on Student Management of Jinan University? Article 53 (5) stipulates that the punishment for expulsion from school is unclear, the applicable law is improper, the punishment procedure is illegal and the punishment is obviously biased. We request our college to revoke the original judgment and the decision to expel the students, order Jinan University to take new specific administrative actions or directly change the decision to expel the students into other appropriate punishments, and compensate the direct expenses such as transportation and accommodation that have been paid for many years of litigation, 896,065,438+0 yuan, and the indirect losses and spiritual compensation caused by the loss of learning opportunities, 65,438+000,000 yuan.

Jinan University replied: As one of the examination forms of postgraduate courses, term course papers are also part of the research results during postgraduate study, so graduate students should take them seriously. Ganlu plagiarized twice in a row, which has seriously violated the Code of Conduct for Students in Colleges and Universities, the Regulations on the Management of Students in Colleges and Universities and the Provisional Regulations on the Management of Students in Jinan University, and lost the moral quality that a student should have. It should be handled in accordance with the Detailed Rules for the Implementation of Disciplinary Actions against Students in Jinan University. Even if, as stated by the applicant, his behavior belongs to cheating in exams, according to Item 4 of Article 54 of the Regulations on the Administration of Students in Ordinary Colleges and Universities: "If the circumstances of cheating in taking exams instead of others, organizing cheating, using communication equipment and other cheating behaviors are serious", the applicant can still be expelled from the school. Therefore, the decision to expel students from school is clear in fact, accurate in nature and correct in applicable law. Request our court to uphold the original judgment in accordance with the law and reject the claim for compensation that Ganlu did not make during the first and second trials.

During the trial in our court, both parties had no objection to the facts identified in the original effective judgment, which was confirmed by our court after examination according to law.

During the review and after the arraignment, our hospital organized the parties to coordinate many times. However, Jinan University insisted on not revoking the expulsion decision by itself, and Ganlu insisted on not revoking the expulsion decision by itself and not accepting any form of economic compensation or compensation. The two sides failed to reach a settlement. After the trial, Ganlu once again explained to our hospital in writing that he didn't want to go back to school to finish his studies because he had lost the best time of five years.

Our college believes that students in colleges and universities should abide by the Code of Conduct for Students in Colleges and Universities, the Regulations on the Management of Students in Ordinary Colleges and Universities, and the school rules and disciplines formulated by colleges and universities according to law. Students' plagiarism in exams or writing papers should be dealt with, and universities also have the right to give corresponding punishment according to law. However, the punishment of students in colleges and universities should conform to the provisions of Article 55 of the Regulations on the Management of Students in Ordinary Colleges and Universities, and be due in procedure, with sufficient evidence, clear basis, accurate qualitative analysis and appropriate punishment. Especially when students who violate discipline are punished, such as expulsion from school, which directly affects their right to education, we should adhere to the principle of combining punishment with education, so as to educate, punish and treat students who violate discipline fairly. If a student who violates discipline brings a lawsuit against a disciplinary decision made by an institution of higher learning that seriously affects his right to education, the people's court shall accept it. When trying such cases, the people's courts should refer to laws and regulations and the rules and regulations of colleges and universities that do not violate the superior law and have been officially announced.

Item (5) of Article 53 of the Interim Provisions on Student Management of Jinan University stipulates that anyone who plagiarizes other people's research results can be expelled from school if the circumstances are serious. Article 25 of the Detailed Rules for the Implementation of Disciplinary Measures against Students in Jinan University stipulates that anyone who plagiarizes or plagiarizes other people's research results shall be given detention or expulsion according to the seriousness of the case. The above-mentioned provisions of Jinan University are formulated according to the provisions of Item (5) of Article 54 of the Regulations on the Administration of Students in Colleges and Universities, so they cannot violate the legislative intent of the corresponding provisions of the Regulations on the Administration of Students in Colleges and Universities. Article 54 of the Regulations on the Management of Students in Ordinary Colleges and Universities lists seven situations in which students can be expelled from school, among which items (4) and (5) respectively list the situations in which students can be expelled from school for violating examination discipline and plagiarizing other people's research results, and make clear provisions on the corresponding disciplinary situations. Among them, the term "plagiarizing and copying other people's research results" as mentioned in item (5) refers to the situation that college students plagiarize and copy other people's research results in graduation thesis, dissertation or published academic articles and works, as well as the research results of scientific research projects undertaken. The so-called "serious circumstances" refers to the act of plagiarizing others and illegally using others' research results, which occupies an important position in all the results, has a bad means, or has a great social impact and has a bad impact on the reputation of the school. As a course paper submitted by graduate students, Ganlu belongs to a form of course assessment, even if there is plagiarism, it does not belong to this regulation. Therefore, Jinan University's decision to expel students from school cited the provisions of Item (5) of Article 53 of the Interim Provisions on the Administration of Students in Jinan University and Article 25 of the Detailed Rules for the Implementation of the Punishment of Students in Jinan University, which is an error of applicable law and should be revoked. First, the judgment of the court of second instance is obviously improper and should be corrected. Since the expulsion decision has come into effect and has been actually implemented, Ganlu has been suspended from school for many years and has no intention of returning to school to continue his studies. There is no point in revoking the expulsion decision, but the illegality of the expulsion decision should still be confirmed. The claim for compensation made by Ganlu during the retrial in our hospital was not made in the original trial, and our hospital will not review it according to law.

To sum up, according to the second paragraph of Article 61 of the Administrative Procedure Law of the People's Republic of China and the Supreme People's Court's implementation

1. Revoke the administrative judgment of Guangzhou Intermediate People's Court (2007) No.709 of Guangzhou Zhongfa Criminal Final Word and No.62 of Tianhe District People's Court (2007) of Guangzhou;

Second, confirm that Jinan University and Xue [2006] No.33 "Decision on Discharging Postgraduates from School" is illegal.

1. The acceptance fee for the second instance case is RMB 100 yuan, which shall be borne by the respondent Jinan University.

This is the final judgment.

Trial? Sentence? Dragon: Guo

Trial? Sentence? Member: Duan Xiaojing

Authorized Agent: Geng Baojian.

20 1 1 year1October 25th

Books? Remember? Member: Xu? exceed