International students wear Hanfu to send their mentors a banner with the character "ram", while lawyers dissect the reputation rights and contract risks in cross-border degree granting

Introduction: Legal secrets behind a Hanfu defense

Recently, a Chinese student studying in the Netherlands dressed in Hanfu completed his graduation defense and presented a banner with the word "ram" written on it to his mentor. The related video quickly spread on social media platforms both domestically and internationally. The parties involved responded that this move is intended to express gratitude for the guidance of the mentor and to spread Chinese culture. Most netizens regard it as a cross-cultural story.

From a lawyer's perspective, this incident is far more than just cultural dissemination. The relationship between international students and overseas universities constitutes an educational service contract, and degree granting, mentor evaluation, and graduation defense are all subject to contract terms and local laws. Hanfu and banners, as a form of expression, if misunderstood or controversial, may touch upon legal issues such as reputation rights, academic evaluation fairness, and visa compliance. For hundreds of thousands of Chinese students who study abroad every year, this incident is a vivid legal risk warning lesson.

1、 International students and overseas universities: rights and obligations in education service contracts

Chinese international students studying in Dutch universities establish an educational service contract relationship between the two parties based on admission notices, school regulations, tuition payment vouchers, and other carriers. According to Article 467 of the Civil Code of the People's Republic of China, foreign-related civil relations may be governed by the law chosen by the parties; If not selected, the law of the place with the closest connection shall apply. In practice, contract disputes between international students and European universities are usually governed by the laws of the country where the school is located, but Chinese courts may also exercise jurisdiction under specific conditions.

Specifically, when it comes to degree granting, schools must evaluate according to the academic standards stipulated in their articles of association and may not arbitrarily refuse to award degrees. If students believe that their supervisor or defense committee has discrimination, bias, or procedural violations, they can raise objections through the school's internal appeal mechanism and, if necessary, file an administrative or civil lawsuit with the local court. In 2023, a Dutch university was ordered by a local court to reorganize its defense for failing to handle a Chinese student's thesis objection according to procedures. This reminds international students that graduation defense is not only an academic activity, but also an act of fulfilling a contract, and any injustice in any aspect may constitute a breach of contract.

2、 Banner and Hanfu: The Boundary between Cultural Expression and Honor Infringement

The word "tamp" is often interpreted as "vigorously" and "awesome" in the network context. However, in formal academic occasions, whether the tutor understands its meaning and whether the expression is harmful to its academic reputation, there is uncertainty. According to Article 1024 of the Civil Code, no organization or individual may infringe upon the reputation rights of others through insults, defamation, or other means. If the content of the banner is deemed derogatory by the mentor or school, even if the student has good intentions subjectively, it may still lead to disputes over reputation rights.

More noteworthy is that after the video was spread, some netizens made malicious comments about the academic ability and nationality background of the mentor. If these comments are known and pursued by the mentor, the publisher may face infringement liability. According to Articles 1194 to 1197 of the Civil Code, internet users and service providers who use the internet to infringe upon the civil rights and interests of others shall bear tort liability. As video publishers, international students who fail to delete infringing comments in a timely manner may be deemed to have failed to fulfill their reasonable duty of care and bear joint and several liability.

Lawyer's suggestion: In cross-cultural interactions, expressing gratitude should prioritize methods familiar to the mentor, such as thank-you letters, emails, or in person acknowledgements. If it is necessary to give special gifts, one should understand the local cultural taboos and academic norms in advance to avoid getting involved in legal disputes due to "doing bad things with good intentions".

3、 Degree awarding disputes and cross-border rights protection pathways

The degree granting disputes between international students and overseas universities usually involve three levels: academic evaluation, procedural justice, and contract fulfillment. If students believe that the defense results are unfair, they can take the following steps: first, submit a written objection to the school's academic committee or appeal office and request a review; Secondly, if the relief provided by the school is ineffective, one may file a lawsuit with the court in accordance with local laws, requesting the revocation of the decision or compensation for losses; Thirdly, in rare cases, assistance can be sought from the education department of the Chinese embassy or consulate in the local area, but the embassy or consulate has no right to directly intervene in the education affairs of other countries.

Cross border rights protection faces practical obstacles such as difficult evidence collection, complex legal application, and long litigation cycles. Taking the Netherlands as an example, the statute of limitations for administrative litigation is usually six weeks, and for civil litigation it is five years. If international students are not familiar with local procedures, they are prone to miss the window for safeguarding their rights. In addition, if a school cancels a degree on the grounds of 'academic misconduct', students may also face a chain reaction of visa revocation, entry restrictions, etc. At this time, immigration and education law issues need to be addressed simultaneously.

4、 Compliance Insights for International Students and Universities

For international students, firstly, they should carefully read the school constitution, student handbook, and academic standards when enrolling, clarify graduation requirements and appeal channels; Secondly, retain all communication records with mentors and academic affairs, including emails, chat records, and written notifications, as evidence in case of disputes; Thirdly, respect local cultural customs and avoid misunderstandings caused by improper expression; Fourthly, when encountering unfair treatment, consult a professional lawyer in a timely manner and do not rely solely on online public opinion to protect your rights.

For universities, it is necessary to establish a multicultural communication mechanism, provide reasonable tolerance for the cultural expression of international students, and strictly follow procedural justice in academic evaluation to avoid legal risks caused by bias or negligence. For reputation and contract disputes involving international students, the school's legal department should intervene in advance, assess risks, and develop contingency plans.

Guangdong Zhiming Law Firm has long been focused on the fields of foreign-related education, cross-border contracts, and reputation protection. It can provide legal consultation, dispute resolution, and compliance review services for international students, universities, and educational institutions. Whether you are in China or overseas, you can protect your rights through professional legal channels when encountering degree granting, academic evaluation, or online infringement issues.