Today, I would like to share with you a case in which you cannot obtain a legal professional qualification due to academic qualifications due to academic qualifications after passing the legal examination.
This case is relatively simple, as long as it is clear that the correspondence undergraduate degree of the Central Party School is not a national education degree and does not meet the academic requirements for enrolling in the legal examination, the result of the case judgment will be very clear.
In such a case, the pain point is that before the exam registration, the system cannot directly tell you that the symbol does not meet the conditions for obtaining the legal professional qualification, but you can register for the exam first, and then review whether you meet the conditions for obtaining the professional qualification after passing.
In the case, when Ma Xiaofeng filled in his academic qualification number into the system when registering, he was told that he could not find it, but the system would not refuse the candidate's registration, or gave a solution, telling the candidate that when applying for vocational qualifications, he needed to go to the Ministry of Education website to print the academic certification certificate, and let Ma Xiaofeng register for the exam first.
Candidates have worked hard for a year, and finally passed the exam, and when they receive the certificate, they are told that the academic qualifications do not meet the conditions, of course, they will not be satisfied.
When Xiaobian took the intermediate accounting qualification that year, he also suffered such a loss: the intermediate accounting qualification examination is also a post-examination review qualification, and the regulation is that it is necessary to take the examination after 4 years of undergraduate graduation. Xiaobian thought that as long as the conditions for graduation for 4 years were met at the time of review, 2 of them were taken in advance when they reached the end of 3 years, and the last course was taken in the year of 4 years, and the results were told when the results were reviewed that the 2 courses of the previous year's examination did not meet the registration conditions, and the results were invalidated.
Xiao Bian was also quite angry, and later he could only admit it.
Well, without further ado, let's look at the case:
History of the case:
Ma Xiaofeng registered for the 2019 National Unified Legal Professional Qualification Examination (hereinafter referred to as the Legal Examination) through the online registration system.
When Ma Xiaofeng registered, he filled in the column of "whether the graduation certificate number can be queried on the Xuexin Online" column in the "2019 National Unified Legal Professional Qualification Examination Registration Information Confirmation Form". In view of this situation, the registration system correspondingly prompts that the "China Higher Education Academic Qualification Certification Report" issued by the National Student Information Consultation and Career Guidance Center for Colleges and Universities of the Ministry of Education (hereinafter referred to as the Student Information Guidance Center) must be submitted to the judicial administrative organ within the application period for legal professional qualifications, and the applicant can only successfully register if he clicks "I know".
Ma Xiaofeng took the 2019 law exam with a score of 166 points for objective questions and 105 points for subjective questions. On December 23, 2019, Ma Xiaofeng submitted the legal professional qualification application and related materials to the Shaoyang Municipal Bureau of Justice, and the Shaoyang Municipal Bureau of Justice conducted on-site review of the materials submitted by Ma Xiaofeng and logged on to the xuexin network to inquire about his academic qualifications, and the result was that it was impossible to query the academic information.
The Shaoyang Municipal Bureau of Justice asked Ma Xiaofeng to certify his graduation certificate on the Xuexin Network and print the results, Ma Xiaofeng said that he did not understand the operation, and the staff of the Bureau assisted him in the inquiry and certification on the Xuexin Network, and the result was that the graduation certificate submitted by Ma Xiaofeng from the Correspondence College of the Central Party School (hereinafter referred to as the Correspondence Undergraduate of the Central Party School) did not belong to the national education degree.
On December 27, 2019, the Shaoyang Municipal Bureau of Justice notified Ma Xiaofeng of the inadmissibility of the application for legal professional qualifications, and informed her of the remedies for reconsideration and litigation. On February 17, 2020, Ma Xiaofeng applied to the Hunan Provincial Department of Justice for administrative reconsideration, and the Hunan Provincial Department of Justice, after organizing a hearing between the two sides, made the Xiangsi Fu Decision [2020] No. 3 Administrative Reconsideration Decision on May 15, 2020, upholding the notice of inadmissibility issued by the Shaoyang Municipal Bureau of Justice.
Ma Xiaofeng filed a lawsuit with the court of first instance, requesting the revocation of the Notice of Inadmissibility of the Shaoyang Municipal Bureau of Justice's application for legal professional qualifications and the Administrative Reconsideration Decision of Xiangsi FuZhi [2020] No. 3 made by the Hunan Provincial Department of Justice.
The final verdict of the court
According to the existing laws, regulations and rules, the correspondence undergraduate degree of the Central Party School is not a national education degree and does not meet the academic requirements for enrolling in the legal examination.
When Ma Xiaofeng applied for the legal professional qualification certificate, although he provided a notice of the results of the academic qualification inquiry, it could not change the objective fact that the academic qualifications on which he applied for the legal examination were the correspondence undergraduate degrees of the Central Party School.
The Shaoyang Municipal Bureau of Justice decided not to accept Ma Xiaofeng's application on the grounds that his academic qualifications did not meet the requirements, which was the same treatment of similar situations when implementing the national legal examination policy, which was in line with the principle of fairness.
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