On May 24th, according to the review notice issued by the Yuelu District Human Resources and Social Security Bureau and the Public Security Bureau of Changsha City, Zhang (female, 28 years old, from Jinan City, Shandong Province) graduated from two colleges in Shandong Province in June 2065438+2008, and has always been an ideal candidate for admission to master's degree and doctor's degree in Tsinghua University. In recent years, Zhang Jing often dreamed of studying for a Ph.D. in Tsinghua University, and lied about his academic qualifications when applying for jobs in many private enterprises. They all wrote "Dr. Tsinghua University graduated" on their bachelor's degrees. In May, 2022, when Zhang signed up online to participate in the recruitment of public security assistance talents in Yuelu District, he was filled in as "Dr. Tsinghua University" again.
For a time, the discussion about the true identity of Zhang's fictional "Tsinghua doctoral student" quickly rushed to the hot search list. Some friends also made it clear that Zhang's move is not a fake education. Can I make a criminal prosecution?
In response to this question, The Paper reporter learned from the partner lawyers of Sichuan Law Firm that to deal with this matter, Zhang should first submit the corresponding diploma or bachelor's degree certificate when applying online.
The lawyer said that if Tsinghua University's reply that "Dr. Tsinghua signed up for the post of auxiliary police in Yuelu District of Changsha City" is true, it can prove that Zhang is not a student in Tsinghua University, but it must be emphasized that if Zhang does not submit it but only calls himself Dr. Tsinghua University, it contains some illegal acts, which is not the main performance of keeping his promise. If you submit valid certificates such as a master's or postgraduate diploma, you may be suspected of forging the seal of your work unit, at least holding and applying for a forged degree certificate or diploma. "
According to the second paragraph of Article 280 of the Criminal Law of People's Republic of China (PRC), whoever forges the official seal of an enterprise, company, institution or people's organization shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or suspended execution of the death penalty. The Supreme People's Court and the Supreme People's Procuratorate have also promulgated the Interpretation on How to Apply the Law in Handling Criminal Cases of Forging and Selling Forged Academic Qualifications and Degree Certificates in Colleges and Universities, requiring the production of forged academic qualifications and degree certificates. The crime of forging the seal of the work unit is the same as this crime, knowing that it is sold by forging the academic qualifications and bachelor's degree certificates made by the university seal. Therefore, forging academic qualifications and bachelor's degree certificates should be punished as the crime of forging the seal of the work unit.
In addition, the reporter learned that in order to further improve the management of higher vocational education diploma certification system, safeguard the authority and quality education of China's diploma rules and regulations, safeguard the legitimate rights and interests of many university graduates and employers, and resist the false report of academic qualifications, the diploma certification center has formulated the rules and regulations of "Blacklist of Personal Behaviors in Higher Vocational Education Diploma Certification", in which it is established that the purpose is to defraud the certificate certification report of higher vocational education in China. Give false original materials (such as qualification certificate style, ID card, archival materials, supporting documents and other original materials related to academic certificates) or false information content (such as forgery time, company seal, signature, etc.). ) after verification, it will be included in the blacklist of personal behavior.
The lawyer told The Paper that the criminal law and relevant laws require that those who make fake commodity diplomas and bachelor's degree certificates be banned, but there is no explicit provision on the punishment measures for those who hold or apply for fake diplomas.
According to the basic principle that criminal law is modest and does not constitute a crime, Zhang Can should not be punished for holding and using forged academic qualifications and degree certificates. "If it can be proved that he participated in or forged a diploma or a degree certificate, it should be within the criminal law system and the scope of punishment. Therefore, how to deal with it needs to be further identified and then evaluated according to the details. "