Study On The Conformity Of Uncertain Legal Concepts In Degree Administrative Cases

The degree is an objective evaluation certificate for a higher education middle school student with a certain academic level.Whether or not a degree certificate can be obtained becomes the basis for students to obtain social justice evaluation.In order to defend the right to obtain a degree,degree administrative cases frequently occur and become a key issue in the field of higher education administration.The empirical analysis of the degree cases reveals that there are many difficulties in the examination of degree cases,and the problem of the specific concept of uncertain legal concepts in the degree cases is the most prominent.Uncertain legal concepts in degree cases are specific types of uncertain legal concepts in administrative law.Based on the ambiguity of linguistic expression in analytic philosophy,the abstract generalization requirements of legislative technology,the unpredictability of future development and the limitations of human consciousness perception,there are many uncertain legal concepts in legal norms.The degree award is based on the highly professional and highly evaluative academic standards involved and uses a large number of uncertain legal concepts,which are widely present in the degree law.After years of trial experience,the theoretical concept of administrative law is separated from the administrative discretion theory,and the specific types of judgments that the administrative organs have to judge the partialization of certain uncertain legal concepts are determined.In the degree case,how to enjoy the judgment of the uncertain legal concept in the university case is not only the question of the power distribution of the administrative power and the judicial power,but also the questioning effect of the autonomy of the university on the interpretation of the uncertain legal concept.Breaking the uncertainty of legal concept has caused difficulties in judicial review of degree administrative cases,and its specific path can be developed from three dimensions.From the perspective of the process of interpretation,the uncertainty of the legal concept in the degree case is accompanied by the evolution ofthe concept from the generation of the concept to the interpretation;from the perspective of the subject of interpretation,which are the “academic autonomy” and the judicial The object of reviewing or being subjected to the intensity of the review is the path of thinking about which of the uncertain legal concepts have the final right to interpret;from the perspective of interpretation methods,it is still impossible to draw specific answers after exhausting the specific method of normative interpretation,especially The specificization of the concept of value uncertainty law needs to proceed from the normative method to the path of value supplementation,and make a final judgment on the premise of weighing the pros and cons.In view of this,the judicial review of the uncertainty of the legal concept in the degree case should adhere to the principle of comprehensive examination in the scope of examination,and the university needs the court to judge whether the interpretation of the uncertain legal concept in the degree awarding process is in line with the scope of the university's autonomy.For further review and identification.In the process of review,combined with the current review characteristics of degree cases in our country,we can adopt a review method that distinguishes between procedural and substantive issues,and can adopt a higher review intensity for procedural issues and a substantive review of substantive issues.Take a lower review intensity.The content of the substantive examination of degree cases can be further divided into formal and substantive elements.The degree awarding behavior contains multiple links.Even if it is a decision-making power in the scope of university autonomy,it should conform to the requirements of the rule of law in terms of form;The review should give the university full respect for the judgment of the substantive issue of the degree award based on the rationality review.Judicial review of the legal concept of uncertainty in the degree case is gradually approaching the boundary between the judicial power and the autonomy of the university through a layered two-point model.In fact,the construction of the review mode is only an analytical tool for the referee reasoning,and the value of the outcome of the case referee is still the same.In the hands of the judge.