Due Process In Yu Yanru V.Peking University For Cancellation Of Doctoral Degree

Under the macro background of ruling the country by law,colleges and universities should promote ruling the country by law and strive to become builders of a country ruled by law.Institutions of higher learning play an important role in educating and training excellent socialist successors.The granting and revocation of awarded degrees are not only related to the vital interests of educatees,but also to the healthy and stable development of higher education.In the field of China's education law,the laws and regulations concerning the granting and revocation of academic degrees in Institutions of higher learning are not only few in number but also abstract in content.In practice,they are often too difficult to play their role as guarantees.The autonomy of running a university is inextricably linked with the granting and revoking of degrees.The entirety of granting and revoking degrees is within the scope of the autonomy of running a university,which will inevitably lead to a gap in the supervision of degree acquisition by law.This is not conducive to the healthy development of education,but also to the protection of the rights of educatees.This paper takes Yanru v.Peking University to revoke the doctoral degree as the research object,and analyses the problems of violating due process principle in the procedure of revoking the doctoral degree decision,in-school appeal and administrative appeal.To emphasize the principle of due process is the principle that universities and educational administrative departments must abide by when carrying out relevant administrative acts.This principle must be embodied in various procedures,and embodied in the corresponding institutions to actively fulfill their legal obligations and protect the legitimate rights of stakeholders.Violation of this principle will result in the illegal consequences of administrative acts.In the case of university degree revocation due to academic misconduct of the educatee,it has the autonomous judgment on whether it constitutes academic misconduct.In terms of procedure,if laws and regulations have specific procedural provisions for the withdrawal of higher education institutions,they must comply with relevant provisions,and if there are no specific procedural provisions,they must abide by the principle of due process.