"Introduction: When the university became a "senior plus", legal risks quietly grew"

"Recently, "Chinese college students have become high school seniors" has become a hot topic on the Internet. From occupying seats in the early morning to brushing questions late at night, from grade point competition to certificate stacking, many college students are caught in the test cycle, compressing their college time into another college entrance examination sprint. However, this high-pressure mode not only triggers educational anxiety, but also buries hidden dangers at the legal level. As a lawyer, what I see is: training loan disputes, traps in internship agreements, allegations of academic misconduct, employment discrimination disputes - these seemingly distant legal issues are breaking out frequently on campus with the trend of "higher education". This article will dismantle this phenomenon from a legal perspective and provide risk prevention and response strategies for college students and universities."

"Training Loans & High Cost Courses: How to Identify Contract Pitfalls?"

"One of the major manifestations of "high school three modernization" is that college students are keen to sign up for various types of examinations, examinations, and skills training courses, with tens of thousands of yuan in fees. Some institutions use students' eagerness to score points to induce them to sign a "training loan" contract. Once the course effect is not as expected or the institution runs away, students will fall into debt."

"Legally, such contracts are subject to the Civil Code. According to Article 496, the party providing the format terms (training institution) must fulfill the obligation of prompting and explanation; if there is a "overlord clause", such as no refund, unilateral change of course, etc., the student can claim that the clause is invalid according to Article 497. In addition, the student has the right to request the revocation of the contract in accordance with Article 148 if there is false propaganda in the institution, which may constitute fraud if it is claimed that it has "protected" "internal information"."

"In practice, I once dealt with a case: a university student signed a 20,000 yuan "guaranteed class" agreement with a training institution, and the institution promised no refunds, but after the student failed the exam, the institution refused to refund for "personal reasons". By collecting chat logs and leaflets to prove fraud, we eventually went to court to rescind the contract and recover the money. It is recommended that college students must review institutional qualifications, retain publicity evidence, and be vigilant about installment payments before signing a contract - the essence of training loans is financial borrowing, and default will affect credit reporting."

"Internship Agreement and Labor Rights: Can Students Claim u201cInjuriesu201d and Wages?"

""High School Triennialization" prompted college students to frantically practice from college together, but most people ignored the legal nature of the internship agreement. According to the Labor Contract Law, student internships generally do not constitute labor relations, but labor relations or teaching practices, which means that interns are difficult to enjoy social security, overtime pay and other protections stipulated in the Labor Law. However, this does not mean that the rights and interests of the intern cannot be relied upon."

"If the internship agreement clearly stipulates the remuneration, work content, and duration, the two parties shall form a contractual relationship. According to the contract of the Civil Code, one party shall be liable for breach of contract. For example, an internship is in arrears and a student can sue under a contract. However, if you encounter a work-related injury, you will face embarrassment: due to non-labor relations, the Work-related Injury Insurance Regulations do not apply, and you can only prove that the unit is at fault in order to claim compensation in accordance with Article 1165 of the Tort Liability Series of the Civil Code."

"I suggest that when college students sign an internship agreement, they should clearly agree on the terms of remuneration, insurance, and termination, and require the unit to purchase accident insurance. In 2023, a college student was injured during an internship, and it was difficult to defend his/her rights because the agreement did not stipulate insurance. If the unit excuses itself on the grounds that "internships are not considered employees", students can collect attendance records and work results, complain to the labor inspection department, or solve it through civil litigation. In addition, if the internship is required to be "996", although it is not subject to the working hours restriction of the Labor Law, it can claim that it is unfair and adjust the terms according to the Civil Code."

"Academic Integrity and Disposal Risk: Criminal Boundaries from u201cBrushingu201d to u201cWritingu201d"

""High three" gave birth to grades anxiety, and some students took risks and bought essays to write on behalf of others and cheated on exams. This is not only a violation of school rules, but also a possible violation of the law. According to Article 17 of the Degree Regulations, the degree can be revoked if the dissertation is falsified. Article 284 (1) of the Penal Code provides for the crime of organizing examination cheating, although it is mainly aimed at the organizer, but student participation may also constitute a joint crime."

"At the civil level, writing papers on behalf of others is an invalid contract. According to Article 153 of the Civil Code, civil legal acts that violate public order and good customs are invalid, and students cannot be recovered after paying fees, but may leak personal information. I once received a student who was blackmailed by the other party for purchasing a writing service, and did not dare to call the police for fear of punishment. In fact, extortion has violated Article 274 of the Criminal Code, and students should report it to the police decisively, not compromise."

"When disposing of students in colleges and universities, they must also follow procedural justice. In accordance with Article 52 of the Regulations on the Administration of Students in Ordinary Colleges and Universities, the punishment shall be clear in facts, sufficient in evidence, and proper in procedure. If a student is dismissed for academic misconduct, they may file a grievance or administrative action. It is recommended that college students always adhere to the academic bottom line, because a cheating may affect the degree and future professional qualifications, and it is not worth losing."

"The Job Market and Discrimination: Legal Consequences of Curriculum Vitae 'Glorification'"

"The ultimate goal of "high school" is good work, but the legal risks in the job search process are often ignored. In order to stand out from the competition, some student resumes are filled with water or fictional experiences, which may constitute fraud. According to Article 26 of the Labor Contract Law, a labor contract concluded by fraudulent means is invalid, and the employer may terminate the contract without paying compensation."

"At the same time, employment discrimination is also frequent: age, gender, household registration, academic qualifications discrimination, etc. According to Article 3 of the Employment Promotion Law, workers have equal employment rights, and students can complain or sue the labor inspection department if the enterprise refuses to be hired because of "double non-" colleges or female status. In one case in 2022, the court awarded the enterprise compensation for moral damage in a case where the female student was rejected because of her gender."

"I suggest that college students should keep job advertisements and interview records as evidence when seeking a job. In case of discrimination, they can claim equality rights based on the personality rights of the Civil Code. In addition, pay attention to competition restrictions and liquidated damages clauses when signing contracts to prevent being locked up by "sky-high liquidated damages". If a third-party recruitment platform is involved, if the platform posts false information, the platform can be held responsible in accordance with Article 38 of the E-commerce Law."

"Conclusion: Lawyer Advice and Rights Pathways"

""College over senior year" reflects educational anxiety, but the law is the bottom line for protecting students' rights and interests. College students should enhance their legal awareness, take the initiative to retain their certificates in signing, spending, and job search, and seek professional help in case of disputes. Guangdong Zhi Ming Law Firm has long paid attention to campus legal affairs, providing legal services such as contract review and rights protection litigation. If you or your classmates encounter similar difficulties, you are welcome to consult us, and we will help you deal with legal challenges with a professional perspective, so that the university can return to the essence of growth."