College Refusal To Send Out Diploma Degree Certificate Of Feasibility Study

Under the current educational legislation system,colleges and universities enjoy greater autonomy in running schools,and some of the disputes they have with students are also difficult to obtain.The typical example is that some colleges and universities refuse to grant diplomas or degree certificates to diplomas.Students often find it difficult to obtain effective assistance.Due to the lack of explicit provisions of the corresponding laws,the rights of students are often not effectively guaranteed.The requirement of comprehensively governing the country according to law will undoubtedly call for the effective standardization of colleges and universities' refusal to issue diplomas and degree certificates,and to theoretically clarify the justiciability of such behavior,so as to resolve this dispute by means of legalization.The first chapter of this article mainly introduces three famous cases of university disputes in China's judicial practice.These cases show that our country's courts' attitude toward disputes in universities is as follows: First,colleges and universities' refusal to issue these certificates to students can be litigated to the court;Secondly,the conditions set by universities for issuing diplomas or degree certificates belong to the category of autonomy for colleges and universities;finally,the autonomy of colleges and universities should be respected by the judiciary,so the latter can only conduct procedural trials on them.No substantive trial can be conducted.The controversial issues are: First,what is the legal nature of universities? Second,what is the nature of colleges and universities' refusal to issue these documents to students? Third,can the court conduct substantive examination of these cases?The second chapter mainly discusses the nature of colleges and universities in our country.Based on the necessary introduction to foreign theory,this chapter believes that colleges and universities in China have the legal nature of both civil and administrative subjects.According to the different behaviors of universities,they will have different legal relationships with students.The theory that colleges and universities are regarded as civil subjects or administrative subjects is extremely one-sided.This kind of theory is difficult to comprehensively examine the nature of colleges and universities.The third chapter discusses the nature of issuing or refusing to issue the above-mentioned certificates in universities and how to standardize colleges and universities to exercise this behavior.This chapter first analyzes the theoretical concept of justiciability.On this basis,this part of the content confirms the attributes of the above-mentioned behaviors issued by universities.Of course,the trial of this behavior may infringe on the autonomy of colleges and universities.Therefore,the last part of this chapter discusses the ways to regulate colleges and universities.The fourth chapter analyzes what kind of trial standards should be adopted by courts when trying such disputes.This chapter believes that the combination of legitimacy and reasonableness is a more appropriate standard because it is obviously very unfavorable to college students if it refuses to hear substantive examinations.It simply means that the court should respect the autonomy of colleges and universities to the greatest degree while conducting substantive trials.The remainder discusses two issues.One is how the colleges and universities should regulately refuse to issue diplomas and degree certificates.The other is how to fully utilize the administrative measures before the start of judicial remedy to protect students' relevant interests.The original intention of exploring these two issues is to find a multidimensional way for the university students' right relief,so as to achieve a comprehensive protection of student rights and interests.