Analysis Of Judicial Review Of Academic Degree Awarding Disputes In Colleges And Universities

In an increasingly competitive society,the meaning of a degree,whether bachelor's,master's or doctor's,is more important than ever to individuals,organizations and countries.For the general individual,whether the degree obtained or not directly affects the individual's employment,social status and honor.For an organization,whether its members have advanced degrees or not is an important basis to measure the level of the organization's business.Therefore,for colleges and universities,the acquisition of degree granting right and the degree granting right will also become an important indicator of the level and competitiveness of the university.As far as the country is concerned,to communicate with the international community,the degree and degree system is a symbol of education level and taste,as well as an important part of education globalization.The standard system of the conferral right of university degree is mainly included in the degree law system.But our country's degree law system mainly takes "the People's Republic of China degree regulation" as the core.From the case of tian yong v.Beijing university of science and technology to the case of he xiaoqiang v.huazhong university of science and technology,the disputes between students and colleges caused by degree awarding have become the focus of social attention.The appeal of the system construction of "let colleges and universities get out of the legal vacuum" makes the society gradually accept the cases caused by the dispute of degree awarding,and then causes the rational thinking and analysis of such cases in the academic circle.There are many problems of the degree legal system behind the degree dispute litigation cases.For example: in the end,the law and regulations authorize the granting of degrees to colleges and universities,or the academic degrees committee of the state council entrusts the granting of degrees to colleges and universities,or the awarding of degrees by colleges and universities on their own initiative,or by students' application for granting degrees or whether the court can directly decide the granting of degrees.It is not difficult to find that the nature of the conferral right of university degree has not been determined,the legal orientation of the detailed rules of university degree awarding and the specific boundaries and standards of the examination of university degree awarding by the court have not been determined.Finally,it comes down to a fundamental problem: how to balance the autonomy of colleges and universities,state supervision and the guarantee of citizens' right to education.This article from a foundation of controversy,the nature of the award degrees,from the magic weapon of Peking University,Peking University web site of the selected degree awarding disputes and so on in Italy,of an effective verdict of 30 generalizations,trying to explore the origins and on the basis of the constitution,colleges and universities award degrees and the degree of dispute cases to judicial review mode strictly in accordance with the constitution of basic rights such as right to education,the academic freedom source,divided into dual mode,i.e.involves for non-academic factors such as disciplinary degree-conferring dispute,within the scope of the right to education,the principle of due process in accordance with the administrative law protect students' legal rights;Due to academic factors,the court should give priority to the autonomy of colleges and universities,and examine the disputes according to the principle of proportion.As for the legal interpretation and legal application in the judicial practice of university degree granting dispute in reality,it is necessary to explore a more reasonable system design and trial mode,so as to effectively protect the academic freedom of colleges and universities and the legitimate rights and interests of students.