The Legal Question Research On The Degree Revocation In The Universities

Yu Yanru case is the first Administrative litigation case in China University because of the revocation of a doctoral degree. This case is a new type of degree revocation cases, universities on the grounds of academic papers suspected plagiarism, revoked the degree that students have obtained, which in the academic circles caused heat conferences and debates.This case need analysis the following legal issues:first, Whether the defendant object is legitimate and reasonable of Peking University; second, Whether the paper published by Yu Yanru belongs to the school period; third, Beijing University’s decision whether have reasonable and legitimate basis; Fourth, how to define severity of plagiarism behavior, whether can explore other ways of punishment; the fifth, the process of Beijing University whether there improper procedures; the sixth, Yan Ru whether access to the corresponding right relief.Degree revocation is a behavior that degree granting units found fraud false behavior in degree granting, to withdraw have been awarded degree unilaterally and Announcement.At present, the research on the degree in China is mainly about the degree dispute, the degree of revocation is a kind of degree dispute, just like not awarded degree and so on. Compared to other forms of degree in dispute, in recent years, due to the laws and regulations about withdrawing degree standards, procedures and Relief mechanism of no detailed provisions, resulting in degree revoked disputes increase day by day, revocation standard differently in every schools, resulting in a serious impact on students’vested interests.According to the reasons for the degree of revocation, it can be divided into three categories. The first category is the impostor, admission perjury etc, such as Chen Ying prosecute Zhongshan University case; the second is degree thesis not up to standard, including purchase academic papers, plagiarism or forgery of data fraud, can be accord with a newly introducted in 2012 "the degree thesis fraud approach "to revocate degree,such as Nankai University withdraw a doctorate degree; the third is academic norm and moral standards issues.2010 promulgated the "State Council on the work of academic ethics and academic norms in the work to strengthen the academic ethics and academic norms", pointed out that the need to strengthen academic ethics, deepen the reform of academic degree evaluation system for academic misconduct, serious cases can be made to cancel the degree of decision, such as Yu Yanru case. The first and second types of degree revocation case is not controversial, the relevant scholars have conducted in-depth analysis and research, and third types of degree revocation as a new type of emergence, because of the ambiguity of laws and regulations, the rationality of the degree of revocation of the legitimacy of the existence of a large controversy.It is necessary to improve the legal mechanism of degree revocation in order to better protect the legitimate rights and interests of students. First, the degree of revocation should follow the principle of trust protection, the stability of the law and the principle of due process; second, perfect the upper law, amend the "Degree Regulations", refine the standards and procedures for the revocation of the student rights relief and other aspects of the content; third, standardize the internal governance of universities, increase the legitimacy of the review. Taking the right of students as the center, increasing the legitimacy of the rules and regulations of colleges and universities; fourth, improve the system of student rights relief.