Shan Dazhuang V. H University Refused To Grant Degree Analysis

China’s rapid economic development today, education has grown continuously enhance the legal awareness of the people, the university is to develop the main battlefield of Higher personnel, university governance legalization trend is increasingly evident that more and more high has strengthened its institutions Legalization of Management of University. From the late 1990 s has been awarded by a college degree in education administration behavior caused controversy after another, the current situation is not satisfactory judicial intervention, and administrative cases, class degree-granting colleges and universities will become increasingly common.In this paper, single Dazhuang v H University of Science and Technology as an example the case, primarily the use of case studies, theory and practice, comparative analysis and other methods, the class of degree-granting legal blind spot problems were studied.First, brief strong single large v H University of Science degree in the case refused to grant the salient features of details, and in this case, show different from other similar cases and to determine the focus of controversy cases.Secondly, through the analysis of the case the focus of controversy, depth administrative action cases involved whether Suability, the legality of administrative acts and, when a judicial review of the case whether it should apply to rationality, and thus concluded that a clear a single big strong case v H University of Science and Technology during the trial, the defendant having Suability, its administrative acts legality, and judicial review process should apply the principle of legality. Meanwhile, we hope by the case, for example, can further solve the case class degree-granting colleges and universities in the administrative proceedings existing problems. In this process, we should also focus attention to several issues: the existence of institutions of higher education do not have a private independent degree-granting colleges and universities grant degrees in qualification is possible problems, how to regulate the private degree-granting colleges and universities and has agreements between institutions of higher learning; contradiction academic autonomy and administrative authority universities exist how to solve the like.Finally, with a relevant degree granting such cases at home and abroad can learn lessons, summarized a number of recommendations aimed at improving our current universities grant degrees such cases the judicial review system to improve the existing laws and regulations in backward and inappropriate places, promote the improvement and development of the academic degree system in Chinese universities.