Legal Regulations On The Power To Revoke Academic Degrees

With the increasing social attention to academic integrity,many colleges and universities are examining academic misconduct with the aim of rectifying academic atmosphere.In this process,a large number of awarded degrees have been revoked,which to some extent has deterred academic misconduct in academic circles and purified the academic environment.But on the other hand,some colleges and universities are too pursuing the results of rectifying the academic atmosphere and neglecting to protect the legitimate rights and interests of students.However,if students have academic misconduct,they should take the most stringent measures to deal with it.The phenomenon of abusing the power to revoke their degrees has arisen,which has triggered lawsuits between students and universities.This paper will focus on the issue of regulating the power of revocation of academic degrees in Colleges and universities.Starting from the case of Yu Yanru v.Peking University,focusing on the problems existing in the exercise of the power of revocation of academic degrees in Colleges and universities,the paper puts forward the methods and Countermeasures of regulating the power of revocation of academic degrees in Colleges and universities from various angles.This paper is divided into six parts:The first part is introduction.This part mainly discusses the reasons for the study,namely the necessity of regulating the power of revocation of academic degrees,and the significance of the study,including theoretical and practical significance.Current research status,mainly on the domestic theoretical circles of degree revocation power research and foreign degree revocation power research status were briefly introduced.Research methods,including literature research,case analysis and cross analysis.Innovation point,mainly on the reasons for the withdrawal of degrees and universities in the face of the situation that may be revoked degrees,which institutions on campus for the appropriate investigation institutions carried out innovative expositions.The second part is case analysis on dispute of dispute revocation of degree.Yu Yanru case is the most typical case of degree revocation in China,which almost covers most of the problems existing in the exercise of degree revocation power in Chinese universities.This case will mainly focus on the controversial focus of analysis: whether the article "Sports" is plagiarism;whether the article "Sports" is published during school;whether the applicable law of Peking University is accurate;whether the procedure of Peking University's degreerevocation is reasonable.The third part is the nature and principles of degree revocation.By discussing the nature of degree award and combining with the characteristics of degree revocation right,this paper distinguishes its nature from administrative penalty and revocation of administrative license,that is,degree revocation should belong to the scope of revocation of administrative license.At the same time,universities should follow four basic principles when exercising the power to revoke degrees,namely,the principle of administration according to law,the principle of due process,the principle of protection of trust interests and the principle of stability of law.The fourth part is the legal conditions for revocation of degrees.I selected 15 cases of degree revocation in recent years,and analyzed the reasons of degree revocation.According to the reasons of degree revocation,degree revocation can be divided into academic revocation and non-academic revocation.Academic revocation needs to satisfy the two conditions of "fraud" in the course of course examination and application for degree award,and the subject of fault is not limited to the degree applicant himself.The conditions for non-academic revocation in China are limited to political conditions that do not meet the standards.The fifth part is procedures for dismissal of degrees.This part mainly discusses the starting procedure,investigation procedure and decision procedure of degree revocation right.Colleges and universities should be cautious in initiating the power to revoke degrees.When investigating the fact of revocation of degrees,different institutions should investigate the reasons for the revocation of degrees.The main body of investigation for academic revocation is academic committee,while the main body of investigation for non-academic revocation is academic degree evaluation sub-committee.In the process of investigation,institutions should fully guarantee the parties' right of statement and defense.After the investigation procedure is completed,the academic degree evaluation committee decides whether to revoke the degree or not.The sixth part is relief for degree revocation.Judicial review of degree revocation should be carried out in different categories.This paper mainly discusses the pre-procedure of judicial review,the perfection of the appeal system in the school and the administrative department of education,and the classification standard of judicial review should be "academic revocation" and "non-academic revocation".