denied

November 2nd, 2008

新京报/The Beijing News’ Wang Dianxue reports on the case of a lawyer who, on having official recognition of his masters degree from Hamburg University denied, sued the Ministry of Education’s China Service Centre for Scholarly Exchange (I would link to their website if the bloody thing worked- let’s just say it was a hell of a job figuring out their English name).

“洋硕士”归来认证学历遭拒

“Western Master” returns authentication of degree denied

认证机构留学服务中心称其隐瞒国内读书经历

Authentication body Service Centre for Scholarly Exchange says he concealed his domestic studies

律师江先生获得德国汉堡大学硕士学位,教育部留学服务中心拒绝认证。江先生认为服务中心行政不作为,诉至法院。日前,海淀法院开庭审理。

Lawyer Mr Jiang earned a masters degree from Germany’s University of Hamburg which the Ministry of Education’s China Service Centre for Scholarly Exchange. Mr Jiang believes the service centre is not carrying out its administrative duties, and so sued. A few days ago, Haidian Court convened to hear the case.

未获认证不能读博

Without authentication can’t read for a doctorate

2006年,江先生知有复旦大学-汉堡大学国际经贸(中国主题)双学位硕士项目,学习1年后可得硕士学位,他向汉堡大学报名参加。 2006年10月,江先生赴汉堡大学就读,2007年8月,江先生在复旦大学继续学习,两个月后毕业。根据项目要求,江先生很快得到了汉堡大学颁发的硕士 学位证书。

In 2006, Mr Jiang learned of the Fudan University-University of Hamburg Dual Masters Programme in International Trade (China), in which a masters degree can be earned in 1 year, and he sent his application to the University of Hamburg. In October 2006, Mr Jiang went to the University of Hamburg to study, then from August 2007 continuing his studies at Fudan University, graduating two months later. According to the programme’s requirements, Mr Jiang very quickly received his masters degree awarded by the University of Hamburg.

江先生向教育部留学服务中心申请学位认证,遭到拒绝。

Mr Jiang applied to the Ministry of Education’s Service Centre for Scholarly Exchange to have his degree authenticated, but was refused.

江先生说,学位不被认证,给他获得北京户口带来麻烦,而且他无法继续攻读博士。

Mr Jiang says, that not having his degree authenticated has caused him a lot of trouble getting a Beijing household registration, and he has no way to continue studying for a doctorate.

所获学位被指不合格

Degree said to be substandard

昨天,教育部留学服务中心代理人说,江先生申请时,只填写了在汉堡大学学习经历,隐瞒了在复旦大学读书的经历。

Yesterday, the attorney for the Ministry of Education’s Service Centre for Scholarly Exchange said that when Mr Jiang applied, he only filled in his study experience at the University of Hamburg and concealed his studies at Fudan University.

服务中心答辩称,中心就江先生的学位情况与复旦大学联系,得知江先生在国内学习部分未经教育部门批准,而且项目已经停办。中心代理人说,国外大学在国内办学需要经过审批,否则可能对中国的教育事业形成侵犯。

In its defence, the Service Centre said that when it contacted Fudan University about Mr Jiang’s study situation, it learnt that some of Mr Jiang’s studies in China had not met the educational authorities’ approval, and the programme had already been stopped. The Centre’s attorney said, when foreign universities run programmes in China they must be examined and approved, otherwise they could encroach on China’s educational institutions.

江先生认为自己的学习经历完全合法。他说在复旦大学读书是汉堡大学安排的实习时间,他要求认证的是纯正的汉堡大学的学位,与在复旦大学读书无关。

Mr Jiang believes his studies were completely legal. He said his study at Fudan University was a period of practice arranged by the University of Hamburg, and the the authentication he requires is purely of his University of Hamburg degree, and has no connection to his studies at Fudan University.

法院将审查诉讼能否进行

Court to investigate whether the suit can proceed

留学服务中心还认为自己不是行政部门,不应是行政诉讼的被告。

The Service Centre for Scholarly Exchange still believes it is not an administrative department and shouldn’t be accused in an administrative suit.

它的代理人说,服务中心是事业单位,就像律师事务所一样,是提供服务的。如果其他单位有能力认证国外学位,也可以向教育部申请到认证资格。

It’s attorney said, the Service Centre is a public institution, like a lawyer’s office, it provides a service. If other organisations have the ability to authenticate foreign degrees, they can also apply to the Ministry of Education for authentication qualifications.

对此,江先生说,目前国内只有留学服务中心能够认证国外学位,而且它有教育部的授权。江先生说,既然全国只有一家,就不能像律所一样,不想挣钱就不服务,而是接到申请后,必须做出处理。

To this, Mr Jiang said that at present the Service Centre for Scholarly Exchange is the only organisation in China with the ability to authenticate foreign degrees, and it has the authorisation of the Ministry of Education. Mr Jiang says, that since China only has one such organisation, it can’t be like a lawyer’s office, simply not serving if it doesn’t want to earn money, but when it recieves an application, it must process it.

因为法官当庭未查明留学服务中心是否是行政部门,法官宣布休庭。海淀法院将对此进行审查后,另行开庭。

Because the judge in court had not yet ascertained whether or not the Service Centre for Scholarly Exchange is an administrative department, the judge adjourned the court. Haidian Court will reconvene when this matter has been investigated.

Hey, there are jobs going in the New Zealand parliament, Mr Jiang and the attorney for the Service Centre would fit right in. I mean, there’s so much obfuscation and playing of silly buggers with words and language and the facts of the case here, and so little logic, that I don’t think I’d be hiring either of these two if I were in need of a lawyer.

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