The Legal Issues Of Mutual Recognition Of Academic Degrees Between China And Other Countries

In today's world, globalization has become an important trend in the fields' of economic and social development, as well as an dynamic process of international market liberalization, openness and integration. With the acceleration in economic globalization and the rapid development of the internationalization of education, many countries are practicing international mutual recognition of academic degrees and record of formal schooling in higher education. In general, there are two ways of mutual recognition of academic degrees and record of formal schooling in higher education among countries:One is that, which exists between the governments (regional) or universities, is a kind of recognition way based on the mutual recognition of academic degrees and record of formal schooling among governments (regional) or universities. The other is present in the institution of assessment level which seeks for mutual recognition among assessment organizations by setting up some international organizations, such as International Network for Quality Assurance Agencies of Higher Education Organization (INQAAHE) etc. No matter which approach it is, in its process of achievement, each one has an agreement on mutual recognition of academic degrees and record of formal schooling in higher education (or "Convention"). These agreements (or "Convention") are signed by the two sides through negotiations. Essentially, they are within the scope of international treaty law. However, the legal issues of international mutual recognition of academic degrees and record of formal schooling agreement (or "Convention") is a key factor in the process of internationalization of higher education, which should be a global issue of international concern. The dissertation is presented in the background of higher education internationalization in China. It analyzes the legal issues and mutual recognition of academic degrees and record of formal schooling in higher education in China and foreign countries, and focuses on the legal basis, legal nature, legal effectiveness, problems and risks of the mutual recognition of academic degrees and record of formal schooling, and puts forward the problems and measures in the process of mutual recognition.It is the ought demands of promoting the international mutual recognition of academic degrees and record of formal schooling in higher education for China to improve the quality and level of higher education. Taking the study of international mutual recognition of foreign higher education qualifications and the legal problems in it has important theoretical and practical significance. Based on data collection, analysis and processing, the dissertation mainly takes the literature studies, comparative studies, historical research, case studies and other methods, presented in the background of internationalization of higher education, and makes mutual recognition of academic degrees and higher education and its problems as the entry point. In addition, the dissertation uses analysis tools such as laws, political science, management, education and so forth, and tries to provide useful analysis information for the research of mutual recognition of higher education and foreign academic degree, as well as legal issues and regulation.Mutual recognition of academic degrees and record of formal schooling is an inevitable result in the development of globalization of higher education. Additionally, it is a worldwide topic and concerned among countries of promoting the internationalization of higher education. This dissertation discusses the background of international cooperation of mutual recognition of higher education qualifications, and gives a brief overview of regulations and provisions of education services trade in WTO, as well as analyzes the practice running problems of mutual recognition of academic degrees in higher education under the WTO framework.In the process of internationalization of higher education, the issue of mutual recognition of academic degrees has become a key factor in the internationalization of higher education. Mutual recognition of academic degrees and foreign issues mainly relates to three aspects:Firstly, the identification process of degrees which were awarded in China and foreign countries. Secondly, the true and false identification of academic degrees. Thirdly, the identification of the academic degree obtainer. The dissertation gives an overview of the international situation and mutual recognition of academic degrees and the process of mutual recognition of academic degrees between China and other countries, as well as the introduction of bilateral agreements and problems in the recognition process.The legal issues of mutual recognition of academic degrees between China and other countries has several factors, which includes the legal basis, legal nature, legal relationship, application of law, dispute resolution, legal construct and so on. The dissertation analyzes the legal status, legal nature, legal effect of the agreement or convention in mutual recognition of academic degrees between China and foreign countries, as well as the legal binding and legal performance which adapts to the internationalization of higher education to deepen the discussion of legal issues and foreign mutual recognition of academic degrees in higher education.Mutual recognition of foreign academic degrees has provided opportunities for many aspects, and it also brings a lot of problems and challenges, especially legal problems which often causes serious losses to academic degree certification obtainers in the complex environment. The dissertation summarizes the improvement of legal system, the refinement of legal regulation, the enforcement of strengthening law and other issues in the mutual recognition of academic degrees practice. Meanwhile, in connection with the problems, the dissertation provides measures in the aspects of the improvement of the mutual recognition of academic degrees, the management of laws in quality of mutual recognition of academic degrees, the resolving legal disputes in mutual recognition of foreign academic degrees, the training of legal mechanisms of international personnel training, and realization of the legalization of higher education internationalization.Michael Fullan, who is a renowned Canadian scholar and expert on education reform, had said:" The problem is our friend, which cannot be avoided…… avoiding the real issue is the enemy of effective reform." The legal problems in the mutual recognition of academic degrees and record of formal schooling of higher education has to promote us to considerate more on the practice of mutual recognition of academic degrees among countries. This is a process of "reflection","questioning","research" and "answer" problems in the internationalization of higher education, as well as to seek internationalization of higher education in global governance, mutual recognition of academic degrees and quality assurance practices in higher education issues. In addition, it is also an effective way to seek response measures in mutual recognition of academic degrees and foreign higher education legal issues.