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Zhang Wan show their degree program transcripts, she was on degree courses are all qualified and excellent grades, thesis also passed, and published in the authoritative journal papers too, should be granted in accordance with the school her master's degree.
So,http://gamsa.net/guestbook/index.php?item/create_form/1, Shanxi Medical University students have any comment on Zhang Wan case Reporters were in the school conducted a survey interview. "For the first application for the cancellation exam cheating degree qualification, is a bit 'hard', did not give the students a little chance of rehabilitation. After years of studying hard is not easy, the students expect to find these documents on the society 'rice bowl'." A reading of clinical medicine graduate Zhang Wan was very sympathetic.
Tian Yong case make judicial consensus - the school is part of the administrative authorization of the administrative body, the legitimate rights and interests involving student discipline school rules, students dissatisfied can file an administrative lawsuit. Starting from Tian Yong case, the student sued his alma mater cases emerging in the country, but mostly in favor of the students.
Yingze District court verdict,http://tuonela.s138.xrea.com/lightbbs/light.cgi?res=8955, Shanxi Medical University in Japan 60 days after the effective date of the judgment, the university's academic degree evaluation committee convened for 张婉硕 disabilities postgraduate qualification examination and grant matters specific behavior.
This is an unprecedented increase in the employment pressure, awareness of university students rights are inseparable. "Because the school refused to grant the degree certificate, cause I lost the chance to go to Beijing to work off the Beijing accounts, but let me carry a 'cheat' the blame, could not lift their heads." Zhang Wan thought they would awake. "Today, society's increasing demands for talent, student employment difficult without two cards. Student sued his alma mater, was simply trying to obtain the certificate. No matter what the reason student sued his alma mater, society must objectively look at this phenomenon, whether it is still college Court, we must fully respect the student's right to appeal, should establish a high school and the school are in action the concept of equality of the civil subject. "lawyer Zhu Hua said.
One focus "Zhang Wan degree case" the two sides dispute is about Zhang Wan school during the school because of serious disciplinary punished without granting their degree is based on the regulations.
December 2009, Yingze District Court hearing of the case in accordance with law. This is the province's first refusal granted because a degree college student sued the case.
Newspaper reporters even as bright WANG Su-xia / Chart
Master of Obstetrics and Gynecology, Shanxi Medical University 2006 graduate Zhang Wan (a pseudonym), because there is cheating in an exam subject was the school canceled the degree eligibility, for which she alma mater paper petition to court. In mid-January, the parties received a first instance administrative judgment Yingze District Court. Court, Shanxi Medical University, entered into force on the date the judgment within 60 days,Louboutin Mary Jane, the university's academic degree evaluation committee convened for 张婉硕 disabilities postgraduate qualification examination and grant matters specific behavior. This is the first case in Shanxi Province degree awarding student sued his alma mater rejected cases. For a time, the community have different opinions on the case.
Zhang Wan did not give up,Louboutin Soirée, she repeated communications with the school, to the schools to re-investigate the situation, to re-examine and grant her a master's degree certificate, but no effect, she thoroughly disappointed.
Leaving get notice, but was told not to school to obtain a degree certificate, Zhang Wan immediately silly: "Do you know what it feels like God in the open international joke with me, my grades are excellent and very qualified how could get degree certificate definitely wrong school somewhere. "
But there are different views. A reading of obstetrics and gynecology school graduate told reporters: "Medicine is a rigorous discipline, into the work bears the life-saving mission, if school students cheating in exams by an eye, close one eye, tantamount to cultivate medical killer. Besides, if students cheat negative processing,http://www.zuobanzou.com/forum.php?mod=viewthread&tid=1578423, then to study hard, with their ability to exams not fair. "
1998, sued the Beijing University of Science and Technology TianYong not give its award diploma, degree certificate a student sued his alma mater Anshou open "precedent", followed by former North doctoral degree certificate was sued Liu Yanwen alma mater.
Before Tian Yong case, once the students and schools in a dispute, often through education administrative department of internal mediation. Students dissatisfied with treatment to prosecute, often also by the court to exceed the scope of the case on the grounds, dismissed the claims. Because the school was identified as the main institution, not administrative proceedings.
Shanxi Medical University, his alma mater sued female master
 ,Louboutin Mariage;
In December 2000, the Wuhan University PhD Hwang onto the dock, requesting the court to order the school to re-submit their PhD registration procedures, requirements for the implementation of accounts and grain and oil relations, and compensation for material and moral damages.
 ,http://www.gzpywang.com/home.php?mod=spacecp&ac=blog&blogid=;
In September 2006, Zhang Wan admitted to Shanxi Medical Postgraduate Master of Obstetrics and Gynecology, before that, she was in the school completed five years of undergraduate study. And after three years of study, she could finish the full course of graduate and qualified success, also passed the thesis defense. However, the school only gave her a postgraduate diploma,http://meilishaoyang.com/home.php?mod=space&uid=32810, and did not give her a master's degree certificate. July 4, 2009, when Zhang Wan took notice to receive a master's degree leaving certificate, he was told that according to school graduation program, she can not receive. The reason is that she cheated in the first test subjects at the end of December 2006, the school in accordance with the relevant regulations, canceled her degree eligibility.
Statistics show that in recent years, college students sued his alma mater cases frequently occur in the country,http://sauce-oyster-extract.ya-china.com, and the upward trend. What makes nurtured by respecting tradition,Louboutin Baskets Femme,http://www.88822.com/#03666/read.php?tid=980, his alma mater, the complex mind of the students had to do with his alma mater to court
This decision, Shanxi Medical University, pleaded, has Taiyuan Intermediate People's Court of Appeal.
School: resolutely appeal against sentence
And Zhang Wanjian that someone else was cheating in the exam, the invigilator is mistaken, she hopes the school to re-investigate the matter, and asked to see the papers. But the school refused to provide papers that the case papers and "irrelevant", "unnecessary."
Zhang Wanli namely to find the relevant invigilator asked. "I did not cheat the invigilator said, after the end of the examination posted the wrong note, the teacher told me that would not affect my graduation, so I was not too concerned about." Zhang Wan did not care about this time of "cheating punishment." But just because of this action, eventually leading to a master's degree she can not get a certificate.
Student: very aggrieved legal recourse
Voice: should the situation change law school
Attorney Shanxi Medical University, Su told reporters, according to regulations, Zhang Wan has no qualifications to apply for a master's degree, so there is no school, she said she does not grant the degree.
Zhang Wan believes Shanxi Medical University for a master's degree certificate is not a violation of their legitimate rights and interests, last September 24, she will attend the eight-year alma mater to court.
Students and alma mater "pit bull" court, to a certain extent, reflects the progressive democratic rule of law; on the other hand, also reflects the university management there are still many problems to improve and solve problems. A university administrators emotion, universities must should the situation change,Louboutin Talon Compensé, efforts to improve the management level, the law school.
Accordingly, Shanxi Medical University to develop a "clinical medicine Shanxi Medical Training Master Degree Work Rules" and "MD, Master of Science degree in work culture of Shanxi Medical Rules" stipulates that where any of the following conditions, the apply for graduate school will cancel its qualifications, including Article IV: by discipline or sanction demerits (including demerit). Zhang Wan because demerit cheating on, have been disqualified to apply for graduate school in.
Su said, Shanxi Medical University is approved by the State Council, has a master's degree, doctorate-granting institutions of higher education, according to "People's Republic of China on Academic Degrees," "People's Republic of China Higher Education Law," "People's Republic of China on Academic Degrees Interim Implementation Measures" states: "degree granting unit may be implemented according to the Interim Measures, developed degree-granting units work rules."
Zhang Wan's agent Shanxi Longsheng Lawyer Zhu Hua believes that "People's Republic of China on Academic Degrees Interim Implementation Measures" and no students received degree-granting sanction that is not prohibition, but also not expressly authorized by colleges and universities to grant degrees The negative conditions may make provisions. Shanxi Medical University, according to the relevant implementation details, "People's Republic of China on Academic Degrees Interim Implementation Measures" enacted - students cheat demerit cancel degree eligibility expanded significantly higher law, beyond the scope of punishment prescribed higher law, types and methods , the addition of the applicable conditions. "Such provisions conflict with national law, ultra vires, should be recognized as invalid. Deprivation degree of discipline and student rights, in our current legislation does not have sufficient legal basis." Zhu Hua believes that Zhang Wan just made the first eat "crab" people, such a provision if not perfect, there are similar cases in the future will appear.
"April 28, 2009, I have and Beijing Fengtai District MCH employment agreement signed and stamped with the school seal. Just because they can not get a master's degree certificate, final employment units will not receive, I lost this job . "Zhang Wan said. Because they can not obtain a degree certificate, Zhang Wan lost the opportunity to work and go to Beijing Beijing accounts of her husband and children were living in Beijing. She could not successfully find a job in Beijing, I had to temporarily return to Lishi District Luliang City People's Hospital jobs.
Zhang Wan this recall, by the end of 2006 the school conducted an elective course examination. At that time the test subject is new progress in medical imaging knowledge, after the exam, she received notice of the school, said she decided to pick up the punishment, she was surprised Getting.
Mr. Su presented to reporters of the Ministry of Education to develop the "ordinary college student regulations" in the provisions for punishment of students disagree with the decision, the date of receipt of the decision to dispose of five working days of the complaint to the school. "It was Zhang Wan did not make the decision, appeal the school, so the school can only be 'in accordance with the provisions of the decision, that its no objection'. Meanwhile, each student enrolled, the school will be sent to a school handbook, above already clear: that the abolition of sanctions cheating degree eligibility "So, Mr. Su believes that schools have to fulfill this obligation.
Mr. Su told reporters produced a school giving Zhang Wan demerit files. The date for the Shanxi Medical University Institute word December 21, 2006 (2006) on the 7th punishment decision, said Zhang Wan and several other students in the exam for serious violations of examination rules, was invigilator caught, for serious test the wind, for these students to the university demerit.
But Chang-wan, said this "to mitigate the punishment of cheating application" is purely "non-existent" things: "I have never seen such an application, the signature is not my handwriting, moreover, that time I was Beijing Practice! "
June 2003, Zhejiang University, Department of Business Administration School student Zhou, at the school, since the two exams cheating, demerit and were sentenced by the school disciplinary probation. Schools under "Where have received demerit or sanction those who are not awarded a bachelor's degree," and made the decision "not to grant a bachelor's degree," the. Zhou will Zhejiang court. The case judgment in favor of the school, was considered a "student sued universities" watershed case, reversing the previous case of students sued the universities, colleges and universities often losing situation.
Meanwhile, in order to show that Zhang Wan has not made known in advance demerit matters diplomas, Mr. Su also issued a paper by Zhang Wan himself signed "cheat mitigate punishment on application", inscribed date is June 21,http://my.5754.cn/home.php?mod=spacecp&ac=blog&blogid=, 2009 . |
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發表於 2015-7-6 19:54:29
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