Right To The Full Realization Of The College Executive Power Relations Graduate Study

On the background of rapid extending of the postgraduate education nowadays, the rights of education has been endued with much more contents with the improvement of the law, the openness of the society and people' s awareness of education, while universities has gained much more decision-making power. The " Chinese First Law Case On Academic Degree" has been given great concern by people from the field of education and law, in which Liu Yanwen brought a suit against Peking University for the case that the university refused to award him the Doctor' s Degree and the Certificates of Graduation. From this law case that a university is prosecuted by its student, and the result that the student won the case, it shows that we are in a way "towards the era of rights", and it also reflects the problems existed in current Chinese law of education and the management of universities.According to the study of rights, this paper introduces the legal rights that postgraduate students and universities each owns. This paper explores the current state that the rights of Chinese graduate students has not been taken into much attention and analyzes the reasons for this from the both layers of law-making and the management of universities. In accordance with the research of education legislation, right consciousness,rules, program construction and relief channels, this paper discusses inthe context of ruling the universities by law of how to guarantee the enabling of graduate students' legal rights and how to ensure that the decision-making power of universities has been reasonably used. This paper also shows that graduate students' rights are not on the opposite side of universities' decision-making power, and only the rights, the obligations and the responsibilities of both two sides have been clearly distinguished that the graduate education of China will be developed healthily and successfully.