Studies Of Legalization On Degrees' Management In University

The origin of Degree came from two old universities, which are Bologna University and Paris University in Italy. Degree entered into our country in the end of Qing Dynasty, at that time our country was advocating"Western learning flows the east into". With the development of society, the concept and connotation of Degree were developing and changing. Combining with the problem of Degree's management system in our country, our manuscript discussed and analyzed the Degree's management in colleges and universities using many methods, such as compare and analysis. This manuscript focused on the concept and theory of Degree, and based on the researched results of home and abroad.This manuscript has three parts:The part one is summarization of Degree in colleges and universities. First, according to China and foreign dictionaries, we gave a brief introduction on Degree's concept. In this part, we gave eight explanations about Degree's concept at first, five of them came from China dictionaries and three came from foreign dictionaries. From these explanations to Degree, we can find China and foreign have different understand about Degree's connotation. Our country laid particular stress on criterion of grade and academic level. About grade, our country did not stress pass, but excellence. Grade stands for not only demonstration, but also honor and encourage. While western countries think that Degree stands for finishing one stage of higher education study, or stands for ratifying to academic level and achievement. They were choice condition rather than essential condition. Who possessed one of them could award corresponding degree. To define the legal problems researched in this manuscript, the author described Degree by drawing a few scholars'viewpoints. On practice, Degree existed in process as one kind of action. Degree was to appraise applicants'learning level, valuation of knowledge ability grade, cognize and award them. Law is a kind of norm precipitating in people's behavior process. This meaning is more suitable to our manuscript if we want to spread out research into academic degree system from legal angle. Then we differentiated the concept of certificate, academic certificate and record of formal schooling. Whereafter, we expounded the character of Degree, and analyzed the binary-rization of Degree System in law. The basicest character of Degree is valuation, which contains applicant learning level, the ability to solve a problem and the creative ability. We regarded it as core valuation, because the standard of valuation is degree standard of a country academic degree. The less important character or form attribute of Degree is administration, supervision, examinations and approval. This appraisement pays more attention to procedure. It's a kind of form valuation. There is community among stretching and connation of degree grade, situation of social development and people's cognition to knowledge. That is the necessity of social and science development. So Degree has these characteristics such as occupation, basis, development, opening and so on.The part two is about the development of colleges and universities academic degree system. We discussed Degree from angle of processism. This process contains three aspects, which are the origins and development, the course of developed country academic degree system and our country's academic degree system history development. The initial function of Degree was the voucher entering prelector, which was testified by the guild background produced from Degree. Then, with the development of capitalism, we had brought forward a crying need to person with ability that processed higher education. Higher education has a rapid development all over the world. Many countries have built themselves formal Degree system. The next, we introduced the developing process and their developing trend of developed countries academic degree system, especially England, the U.S.A., Japan and Russian. The degree system, putting in force currently, was brought into from Western countries at the modern time. With the development of homeland higher education, our country degree system was to break the ice, to improve and perfect gradually. At the end of Qing Dynasty, degree system of modern times was in bud; after setting up the Republic, the education began to reform in order to keep up with the development of society. Ministry of Education promulgated"Universities Decree", which was the first decree Degree was listed in and this was the onset of Chinese degree system; the national government amended"degree confers law"on twelfth time of assemblies in Legislative Yuan. Then Ministry of Education promulgated a series gradually with the hereafter"Degree grades"and"Master's degree examination detailed rules and regulations"on May, 1935 to suit the practice of"Degree confers law". Then, Ministry of Education had worked out and promulgated notice, decree, law and regulation. So far, a set of entire academic degree system had formed. New China set up the queen, Communist Party of China and the People Government took high-level the professional personal culture and legislation of academic degree system seriously. Cause of education and science recovered and developed rapidly. In the field of academic degree system building-up and legislation, our country had carried out several times of trial, but that time"left"guiding ideology effect, all the efforts failed. On February 12, 1980 fifth National People's Congress, Standing Committee third time conversation had passed"Academic Degree of the People's Republic of China". Herefrom, there was self academic degree system in new China. In order to carry out the Regulations Concerning Academic Degree better, State Council confirmed "Regulations Concerning Academic Degree of the People's Republic of China on Provision"on May 20, 1981. Degree system was stipulated in"education law","higher education law","Regulations Concerning Academic Degrees"and"to put way into practice as well as Regulation Concerning Academic Degrees provisional"in our country. A formal system about degree manages was arranged. According to the formal system arrangement, we can know that degree legal system and academic appraisement system coexisted in one unit.Part three was legalization of our country degree manage. We analyzed problems from two aspects in this part. First, we analyzed the problems existing in our country degree managing legal system which was carrying out currently. These problems included several the following aspects: currently Chinese academic degree system was short of concrete index regulation to weigh learning; in the condition of awarding degrees, the stipulation of thought morality aspect was excessively general, the applicability of it was not strong; the duty of the degree oral thesis defense committee and a committee for the conferment of academic degrees was equivocal, and was hard to practice; Degree law and regulation didn't embody out the constraint working out corresponding implementing regulation to institution of colleges and universities; lacking procedure in degree law ignored the protection to rights and interests of educatee; the approaches to relief were not smooth. In this manuscript, we put forward some propositions to develop and perfect the degree's management system finally. These propositions were the developing and perfecting on degree awards management system, authorizing, examining and verifying systems of degree, the mechanism of resolving dispute and degree legislation. And we expected that a perfect volume would be appeared as soon as possible.