Why did HKUST lose the case of Tian Yong v. University of Science and Technology Beijing?

The state implements the academic certificate system. As the plaintiff Tian Yong has a student status of University of Science and Technology Beijing, when he received formal education in Tian Yong, completed his studies and reached certain academic requirements, University of Science and Technology Beijing, as an institution of higher learning approved by the state, should issue corresponding academic certificates 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.

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.

Extended data

We can't blame the verdict in Tian Yong case, although it is somewhat regrettable in reasoning. However, considering the situation of Tian Yong case at that time, Haidian District Court, as a pioneer, stood the test of courage and wisdom, thus promoting the further development of the theory and practice of educational administrative litigation in China, and even leaving a rich and colorful stroke in the history of administrative litigation in China.

Once upon a time, the sunshine of justice could not shine into the academic hall. At that time, although the problems of students' right to education being violated by schools emerged one after another, which led to frequent educational disputes between students and schools, the mechanism for solving these educational disputes was still not perfect. Among them, the litigation channels of civil disputes are fairly smooth, while there are many relief problems of administrative disputes, especially the relief channels of disputes between schools and students due to management are not smooth.

Although the Education Law and the Higher Education Law promulgated in the 1990s have provisions on complaints, there is no clear relief design for administrative reconsideration and administrative litigation, which makes it difficult for students to safeguard their rights and there is a vacuum and blank in the rule of law. This reality didn't really change until the judgment of Tian Yong v. University of Science and Technology Beijing.

China Court Network-Tian Yong v. University of Science and Technology Beijing for refusing to issue diplomas and degree certificates.