>>>welcome visitor, haven't logged in. Login
Subscribe Now Home Contact us  
Font Size:  A A A Search “Fabao” Window English 中文 = 简体  繁体
  Favorite   DownLoad   Print
 
Yang Baoxi v. Tianjin Clothing Technical School
杨宝玺诉天津服装技校不履行法定职责案
【法宝引证码】

  

Yang Baoxi v. Tianjin Clothing Technical School
(Case on Dispute over Non-Performance of Legal Duties)

 

杨宝玺诉天津服装技校不履行法定职责案

[Summary]

 【裁判摘要】

Article 42,paragraph 1, Item 3 of the Education Law provides that educatees are entitledto receive appropriate education certificates upon completion of the required programs.Failure of the education institution in issuing graduation certificate to aneducatee who is granted to graduate constitutes violation of the Law.

 根据教育法四十二条第一款第(三)项的规定,受教育者享有完成规定的学业后获得相应的学业证书的权利。教育机构没有直接向其准予毕业的受教育者发放毕业证书的行为,构成了违法。
BASIC FACTS 
Plaintiff: Yang Baoxi, mail, 29 years of age, jobless, Address: Heiniucheng Road, Hexi District, Tianjin Municipality 原告:杨宝玺。
Defendant: Tianjin Clothing Technical School, situated at Ji'an Road, Hedong District, Tianjing Municipality. 被告:天津市服装技术学校。
Legal Representative: Wang Shiping, president of the school. 法定代表人:王世萍,该学校校长。
The Third Party: Tianjin Textiles Group (Shareholding) Co., Ltd., situated in Chifeng Road, Heping District, Tianjin Municipality. 第三人:天津纺织集团(控股)有限公司。
Legal Representative: Liu Baogen, director of the Company. 法定代表人:刘宝根,该公司董事长。
The plaintiff Yang Baoxi attended the Tianjin Clothing Technical School (hereinafter referred to as the Clothing Technical School) in the year 1991. When Yang Baoxi was graduated in 1994, the defendant did not issue a graduation diploma to him. On December 13, 2004, Yang Baoxi brought an administrative suit to the People's Court of Hedong District of Tianjin Municipality on the ground of non-performance of legal duties by the Clothing Technical School (the former Tianjin Clothing Technical School). Because Tianjin Textiles Group (Shareholding) Co., Ltd. (hereinafter referred to as the Textiles Group) has legal relationship of interests with the act being sued in the present case, the People's Court in Hedong District notified the Textiles Group to take part in the action as a third party according to law. 原告杨宝玺系被告天津市服装技术学校(以下简称服装技校)91级学生。杨宝玺1994年毕业时,被告未向其颁发毕业证。2004年12月13日,杨宝玺以服装技校(原天津市服装技工学校)不履行法定职责为由,向天津市河东区人民法院提起行政诉讼。因天津纺织集团(控股)有限公司(以下简称纺织集团)与本案被诉行为有法律上的利害关系,故河东区人民法院依法通知纺织集团为第三人参加诉讼。
The plaintiff claimed that: “I sat for the entrance examination of the Clothing Technical School in 1991, and was not issued a graduation diploma after I was graduated in 1994. Afterwards, I asked the Clothing Technical School for many times, but it only kept me waiting, which led to my failure in finding a job for many times during several years for the reason that I had no educational background. In 2000, I was off the beam due to financial difficulty. In 2004, I asked the Clothing Technical School once again to issue a graduation diploma to me after I was released from prison, and it issued a ‘certificate of graduation' on June 2nd in the same year. I petitioned the court to order the defendant to fulfill the obligation of issuing a graduation diploma.” 原告诉称:我于1991年报考服装技校,1994年毕业后服装技校始终未颁发毕业证书。后虽多次催问,但对方一味要求原告等待,以致本人多年来因无学历无数次求职失败,2000年因经济困难步入歧途。2004年刑满释放后再次要求服装技校发还毕业证时,对方于同年6月2日出具一份“毕业证明”。要求判令被告履行发放毕业证义务。
The evidences provided by the plaintiff were as follows: 原告提供的证据有:
The certificate of graduation issued by the Clothing Technical School on June 2nd, 2004, in support of the fact that the Clothing Technical School did not issue the graduation diploma to him. 服装技校2004年6月2日出具的毕业证明,用以证明服装技校未向其发放毕业证的事实。
The defendant pleaded that: “In 1994, when the plaintiff was graduated, our school had handled the graduation diploma to him according to the provisions on the students' files administration. However, our school was run by an enterprise, the graduates shall be distributed within the enterprises themselves, therefore, our school had transferred, as required, the personnel archives along with the graduation diplomas of all the graduates to the department of labor and personnel of the Tianjin Clothing Joint Company, and the graduates may take their graduation diplomas at the parent company of their enterprises after they were graduated. The plaintiff did not sign in at the designated enterprise, the No. 17 Clothing Factory, when he was graduated, and his failure in finding a job afterwards was caused by many reasons, and shall not be regarded as being caused by the graduation diploma. In 2004, the plaintiff suddenly came to our school asking for issuing a graduation diploma and demanded economic compensation, our school had clearly replied to him that his graduation diploma was not kept in the school and issued a certificate of educational background for him. We petitioned the court to reject the claim of the plaintiff.” 被告辩称:1994年原告毕业时我校按学籍管理规定为其办理了毕业证,但因我校为企业办学,毕业生在企业系统内统一分配,故我校已按规定将全部毕业生的人事档案和毕业证一并交到天津市服装联合总公司劳动人事处,待毕业生分配后由所在企业到总公司领取。原告毕业时未到指定企业服装十七厂报到,其后求职不成有多种原因,不应认为是毕业证的原因。2004年年初突然来校索要毕业证及要求经济补偿,我校明确答复毕业证不在学校并为其开具了学历证明。请求法院驳回原告的诉讼请求。
The evidences provided by the defendant were as follows: 被告提供的证据有:
1. The Notice on Transmitting the Arrangement of Enlarging Enrollment Plan for Technical Schools of Tianjing Municipality in 1978 (No.240 of the Labor Bureau of Tianjin Municipality) promulgated by the Tianjin Labor Bureau and the Enrollment Plan Schedule for Technical Schools of Tianjin Municipality in 1991, in support of the lawful establishment of the defendant and the legality of its enrollment in 1991. 1.天津市劳动局发布的津劳培字(1978)第240号《关于下达天津市一九七八年技工学校扩大招生计划安排的通知》和《天津市技工学校一九九一年招生计划表》,用以证明被告依法成立及1991年招生的合法性。
2. The name lists of distributed graduates of the school, which support the claim that the plaintiff had been distributed to the Tianjin No.17 Clothing Factory to work; 2.学校的毕业生分配名册,用以证明原告分配到天津市服装十七厂工作;
3. The affidavits of the former president of the defendant, which support the claim that the archives and the graduation diplomas of the 1994 graduates had been transferred to the former Tianjin Clothing Industrial Corporation, and after the students had signed in at the enterprises, the enterprises where the students were working shall obtain the archives and the graduation diplomas at the Company. 3.被告原校长肖德华的证言,用以证明94届毕业生的档案和毕业证书都交到原天津市服装工业公司,学生到企业报到后,由所在企业到公司领取档案和毕业证书。
...... 第三人纺织集团辩称:被告是独立法人单位,具有独立承担民事责任的能力;被告是2002年2月划归我公司所属,现在隶属于我们公司下属针织公司,1994年发生的毕业证问题因当时学校不属于我公司管理,此事与我公司没有任何关系;根据天津市人民政府的津政函(2001)72号文件的规定,目前我公司不承担政府行政管理职能、行业管理职能、社会管理职能,我公司对学校发证无任何责任,因此与此案不存在任何利害关系。
 ......

Dear visitor, you are attempting to view a subscription-based section of lawinfochina.com. If you are already a subscriber, please login to enjoy access to our databases. If you are not a subscriber, you can pay for a document through Online Pay and read it immediately after payment.
An entity user can apply for a trial account or contact us for your purchase.
Tel: +86 (10) 82689699, +86 (10) 82668266 ext. 153
Mobile: +86 13311570712
Fax: +86 (10) 82668268
E-mail: database@chinalawinfo.com

 
您好:您现在要进入的是北大法律英文网会员专区。
如您是我们英文用户可直接 登录,进入会员专区查询您所需要的信息;如您还不是我们 的英文用户;您可通过网上支付进行单篇购买,支付成功后即可立即查看本篇内容;
单位用户可申请试用或者来电咨询购买。
Tel: +86 (10) 82689699, +86 (10) 82668266 ext. 153
Mobile: +86 13311570712
Fax: +86 (10) 82668268
E-mail:database@chinalawinfo.com
     
     
【法宝引证码】        北大法宝en.pkulaw.cn
Message: Please kindly comment on the present translation.
 
Confirmation Code:
Click image to reset code
 
  Translations are by lawinfochina.com, and we retain exclusive copyright over content found on our website except for content we publish as authorized by respective copyright owners or content that is publicly available from government sources.

Due to differences in language, legal systems, and culture, English translations of Chinese law are for reference purposes only. Please use the official Chinese-language versions as the final authority. Lawinfochina.com and its staff will not be directly or indirectly liable for use of materials found on this website.

We welcome your comments and suggestions, which assist us in continuing to improve the quality of our materials as we dynamically expand content.
 
Home | About us | Disclaimer | Chinese