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Parents failed to immigrate for college entrance examination

Surging news noted that China judicial document network recently published a civil judgment on the dispute of “college entrance examination immigration”. As the Tibet Autonomous Region proposed in May 2020 that “you must go to the local place to study before you can take the college entrance examination in Tibet”, after the tightening of the policy, a Henan Education Company and its client failed to “buy a house and move a family to school” in Bomi County, Linzhi city.

The company promised to help the registered residence of the guardian and guardian child to be moved to the place where the purchaser bought the house, so that your children can enjoy the preferential policies for the college entrance examination of ordinary citizens in Tibet.

It is worth mentioning that in May this year, some netizens reflected the situation that the college entrance examination immigrants in Tibet did not actually study through the message board of the leaders of people’s network. It said that 751 of the 1727 college entrance examination immigrants in Linzhi city did not actually study in varying degrees, resorted to fraud, and did not actually study in the way of asking for sick leave, which seriously violated and trampled on the spirit of the supplementary notice of the Education Department of the Tibet Autonomous Region on the requirements for enrollment and registration of colleges and universities in our region (Tibet Education Department [2020] No. 32). This is a blatant challenge to and destruction of the good educational environment and educational order. I hope that other students in Tibet will be given justice and the teaching order will be improved.

The information center of the general office of the Party committee of Tibet Autonomous Region responded on July 7 that the Education Department of Tibet Autonomous Region attached great importance to it and verified it in time. After verification, the students who asked for sick leave in the two publicity of Linzhi Education Bureau went through the leave procedures in accordance with the school status management regulations, and the supporting materials were complete. In 2021, 1 744 students from Linzhi city moved to senior high school. Among them, 1 736 students met the actual study conditions, and 8 students who did not meet the actual study conditions were disqualified from the college entrance examination.

The above-mentioned dispute cases involved in the purchase of residential areas is Nyingchi. According to the judgment, the court of second instance maintained the original judgment, the letter of commitment signed by both parties was invalid, and the power of attorney signed by both parties was rescinded.

Henan is moving to registered residence.

According to the judgment provided by Zhengzhou intermediate people’s court, the appellant Henan xuefan’er Education Technology Co., Ltd. (hereinafter referred to as xuefan’er company) was involved in a contract dispute with the appellee sun Lihong and the original defendants Henan Xiaoma Benteng real estate marketing planning Co., Ltd. (hereinafter referred to as Xiaoma Benteng company) and sun Shuai, He filed an appeal against the civil judgment (2020) yu0105 minchu No. 26508 of Jinshui District People’s Court of Zhengzhou City, Henan Province. After filing the case on June 22, 2021, the court formed a collegial panel to hear the case. The case has now been concluded.

Appeal request of xuefaner company: cancel the original judgment according to law, or send it back for retrial, or change the judgment, and the appellant shall not be liable; All the costs of the case shall be borne by the appellee.

The facts and reasons include:

1. The validity of the letter of commitment. The letter of commitment is a unilateral act, not a double contract. The promisor sun Lihong has full capacity for civil conduct, and the content of the promise is valid. Sun Lihong’s unilateral repudiation of the property she has purchased and the settlement of the property can not be attributed to xuefaner company.

2. The validity of power of attorney. The power of attorney is invalid and violates the mandatory provisions of the law. The purpose of the contract is not to live, but the rights and obligations of both parties are set to realize the purpose of sun Lihong’s children’s college entrance examination in Tibet. The contents of the agreement evade the national college entrance examination policy, violate the prohibitive provisions of national laws and administrative regulations, and damage the non-specific third party and social public interests, which is invalid. The invalid power of attorney does not have the problem of dissolution.

3. Liability for fault. Sun Lihong is at fault. The house purchase contract entrusted by sun Lihong to xuefan’er company has been fulfilled. Sun Lihong and her spouse propose to terminate the contract after the contract is signed and the house payment is paid. Xuefan’er company did not promise that sun Lihong would move her registered permanent residence to Tibet, but only helped to go through the registration procedures. After the change of the college entrance examination policy in May 31st, registered residence can still be moved to Tibet. Sun Lihong only disagrees with studying in Tibet and assisting in moving into the hukou. There are two concepts. Xuefan company did not breach the contract. The policy change of college entrance examination belongs to the situation change, not the fault of xuefan company. Xuefan’er company has no fault in the agency. In the early stage, it actively negotiated to complete the matters entrusted by sun Lihong. In the later stage, because sun Lihong was not satisfied with the house resale process, she actively negotiated and refused to handle it. Xuefan’er company arranged for staff Ma Zhilei and his colleagues to fly to Bomi, Tibet for many times to buy houses and coordinate the relocation of registered permanent residence. There were also a lot of expenses for the company’s marketing staff, and so on. Xuefan company shall not refund the relevant fees.