This matter丨If the university diploma and degree certificate are lost or damaged, should they be allowed to be reissued?
2024-08-16
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Recently, there has been heated discussion on whether or not university diplomas and degree certificates should be allowed to be reissued.
The incident started when a graduate of the University of Chinese Academy of Sciences posted on the Internet that his master's degree certificate and degree certificate were accidentally torn up by a courier. Afterwards, regarding whether the graduation certificate and degree certificate could be reissued, the staff of the University of Chinese Academy of Sciences responded to the media that the original certificate had been damaged and could not be reissued, and the school could issue relevant certificates with equivalent effect.
This incident triggered a new discussion: If ID cards can be reissued, why can't graduation certificates and degree certificates be reissued? Should the school change this rule as appropriate? Graduates may be questioned and rejected by employers when they use relevant certificates to apply for jobs. How should this problem be solved?
On August 13, a staff member of the Party and Government Office of the University of Chinese Academy of Sciences responded to The Paper, saying, "There is a normal process for reissuing relevant certificates, and graduates can just apply." As for the concerns about reissuing the original graduation certificates and degree certificates, and whether the school will make changes as appropriate, the staff member said that they need to confirm the relevant situation and communicate further with the school before making a reply.
According to Article 38 of the Regulations on the Administration of Students in Regular Institutions of Higher Education (hereinafter referred to as the Regulations): If the academic certificate or degree certificate is lost or damaged, the school shall issue a corresponding certificate upon application by the applicant and verification. The certificate has the same validity as the original certificate.
Wang Luchun, a lawyer at Jingheng (Shanghai) Law Firm, explained in an interview with The Paper that the current "Regulations on the Management of Students in Ordinary Institutions of Higher Education" is the Ministry of Education Order (2017) No. 41. From a legal perspective, the regulations are departmental regulations, and for each institution of higher learning under its management, they are rigid industry regulations. Regarding the loss or damage of academic qualifications and degree certificates, Article 38 of the "Regulations" has clear provisions that should be followed. Reissuing academic qualifications and degree certificates in violation of the regulations is an illegal act, and schools certainly cannot openly violate the law.
Wang Luchun further analyzed that from the perspective of the school, the legislative purpose of the first article of the Regulations is to standardize the management of students in ordinary colleges and universities, maintain the normal educational and teaching order and life order of ordinary colleges and universities, and protect the legitimate rights and interests of students. From this point of view, the school is the object of management of the Regulations, not the legislator of the Regulations. The school has no right to change any clause of the Regulations without authorization, and cannot violate the Regulations and arbitrarily issue and issue academic qualifications and degree certificates, otherwise it will be illegal.
As for how graduates can solve the problem of academic certification after the loss or damage of academic certificates and degree certificates, Wang Luchun believes that academic certificates and degree certificates are a comprehensive proof of personal learning experience, content and achievements, and have strong personal attributes and are also personal property. It is the holder's personal responsibility to properly keep these certificates. For situations of loss or damage caused by force majeure, the relevant national departments have already met the individual needs of society to a certain extent through the promotion of electronic certificates and network verification functions through network systems such as the China Higher Education Student Information and Career Center. In reality, the social cost of verifying academic qualifications and degrees through third-party verification is much lower than for recruiting units to identify the authenticity of academic qualifications and degree certificates on their own.
Chu Zhaohui, a researcher at the Chinese Academy of Educational Sciences, believes that the "Regulations on the Management of Students in Ordinary Institutions of Higher Education" was issued seven years ago, and the regulation on whether certificates can be reissued was limited by the production technology and processes at the time. Based on the current reality and new technical conditions, the existing laws and regulations can also be further improved or modified to solve the problem of reissuing academic qualifications and degree certificates in a practical way.
Chu Zhaohui analyzed that nowadays, academic qualifications and degree certificates can be checked online and verified by a third party, which greatly reduces the possibility of certificate forgery. Therefore, schools can be flexible and should consider reissuing the original certificate to the applicant as long as it is confirmed that the original certificate is destroyed or lost. However, the relevant regulations are set by the education authorities, and schools must currently implement them in accordance with the regulations. While this regulation has not yet been changed, employers and relevant institutions must recognize that certificates and proofs have equal validity, and the parties can also resolve related issues through electronic certificates or other means.
