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Recently, social platforms have emerged a variety of “quick academic experience post”, which is actually some education and training institutions to launch the “quick academic” paid service programs. When the academic qualifications become the business of the intermediary organization, the related chaos ensues, in practice, there may be false propaganda, contract violation, academic fraud and other multiple problems.

Accordingly, JAVY LAW FIRM executive director / founding partner Ge Youshan, lawyer, was interviewed by the Rule of Law Daily to explain such events.

01 academic qualifications in hand to seek employment is not recognized agency suspected of fraud

In a third-party complaint platform to “education” as a keyword search found that, so far, the relevant complaints amounted to more than 40,000, most of the disputes for “false propaganda” “refusal of refund “. Complaints involving the keyword “overseas qualifications”, the main disputes include: education and training institutions will be non-degree education packaged as academic education, students can not pass the China Scholarship Service Center's recognition, misleading and fraudulent sales, the agency refused to refund.

A consumer reflected that he was “pitted” by the intermediary organization: he signed a service agreement with the intermediary organization, and it was written in the agreement that “Party A ensures that when the student enrolls in a school, the institution enrolled in can be found in the foreign regulatory network or China Study Abroad Network. Whether applying for Sino-foreign joint in-service MBA (Master of Business Administration Degree), or international independent school in-service MBA, after successful graduation, you can get a foreign master's degree certificate, the certificate in the China Overseas Educational Service Center certified the use of the validity of domestic postgraduate degree is equivalent to the dual-certificate”. However, the subsequent query in the foreign regulatory network can not be studied in the school, the qualifications can not be certified in the China Scholarship Service Center. The other side of the “Hague certification” mentioned in the job search is not recognized.

Lawyer Ge Youshan pointed out that according to the Civil Code, the above behavior of the agency may constitute fraud, and if the student proves that the agency intentionally concealed or falsely advertised, leading to the loss of his or her misbelief that the certificates obtained can be universally recognized, he or she may request to cancel the contract through civil channels, return the money paid, and may request compensation for the loss. “When there exists an institution that provides only a degree certificate without an academic certificate and the certificate is not universally recognized, the student should promptly request to rescind the contract and recover the tuition paid. Students may also claim damages if the institution's publicity is misleading and the uncertifiable degree affects their career plans and financial interests.”

02 Against the basic purpose of education Contract or be recognized as invalid

For some organizations claim to help students “to complete their studies on behalf of” the contract, Ge Youshan lawyer believes that this is contrary to the basic purpose of education and the public interest of society, such contracts are likely to be recognized as invalid.

According to the Measures for the Administration of Employees of Off-Campus Training Institutions (for Trial Implementation) issued by the Ministry of Education and the Ministry of Human Resources and Social Security, employees of off-campus training institutions are not allowed to publish or forward false opinions or fabricate and disseminate false information through various channels. If there are academic enhancement institutions that do not complete studies according to normal attendance, but enjoy the service of completing assignments and essays on behalf of the students through payment of fees, the behavior of both educational practitioners and students may constitute counterfeiting, which is detrimental to the public interest of the society.

“A cautious and rational attitude should be taken towards the promises made by training institutions of 'guaranteeing successful graduation of a master's degree in one year and a doctorate in two to three years'. Fast-track graduation paths such as 'fast-track degrees' often mean that students may not have enough time to study and understand complex academic issues in depth, leading to deficiencies in their professional knowledge and skills, which affects their academic ability and future career development.” At the same time, such promises may expose training organizations to multiple legal risks, including contractual breaches and suspected unfair competition, said attorney Ge Youshan. Once such promises of training institutions can not be realized, consumers may request compensation from training institutions according to relevant laws.

03 Strict Review of Academic Accreditation and Improvement of Degree Awarding System

Since September 2021, the Ministry of Education's Service Center for Scholarly Exchange has issued five batches of review announcements involving 32 foreign universities or their academic education programs. The Degree Law, which will come into force in January 2025, clearly requires that “the recognition of degree certificates issued by overseas educational institutions should be handled in strict accordance with relevant state regulations”.

Ge Youshan lawyer pointed out that the sale of “quick degree” chaos disrupts the order of education, undermines the fairness of education, and undermines the credibility of the official certification body, it is urgent to strengthen governance.

“To gatekeepers from the source, the official accreditation body to continue to increase the certification review, combined with a number of supporting materials to judge. At the same time to set up channels, in the employer of a qualification is in doubt, the education authorities need to actively cooperate with the review of identification, smooth feedback channels.” Ge Youshan lawyer said, but also to strengthen the quality control of certified institutions, strictly grasp the quality of mutual recognition institutions, and timely update the list of institutions. Approval procedures are strictly enforced to ensure that training institutions meet the qualification requirements so as to prevent the emergence of unqualified institutions. Different types of training institutions should apply for approval from the corresponding government departments, and categorization will help precise regulation.

“In the regulation of training institutions, multi-departmental efforts such as education, market supervision and civil affairs can be mobilized to create synergy. For example, the market supervision department will step up enforcement in terms of false publicity and over-scope operation; and the education department will step up audits in terms of education quality and teachers' qualifications in order to ensure the healthy development of the academic training market in a more comprehensive way.” Ge Youshan lawyer said.

Lawyer Ge Youshan suggested that regulators should strengthen the supervision and management of training organizations by establishing and improving regulations and systems, strengthening approvals and daily supervision, and improving information disclosure and complaint channels, in order to safeguard the quality of teaching and protect the legitimate rights and interests of students and parents. Penalties for institutions that engage in counterfeiting and fraud may be ordered by the competent authorities or other relevant administrative departments to make corrections, and depending on the circumstances, a single or concurrent warning, confiscation of illegal income, and a fine. If the circumstances are serious, the institution shall be ordered to suspend its operation and revoke its business license. A student who obtains a degree in violation of the regulations may have his or her degree revoked.