Research On Judicial Review Of The Colleges' Degree-Conferring Right

Since the "Tian-yong case",the discussion on the judicial review of colleges' degree-conferring right has never stopped.After about 20 years of development,the focus of this issue has changed from"whether or not to review"to"how to review".This paper begins with the nature of the colleges'degree-conferring right,introducing the concepts of management power and academic power,then combining the related laws and theories,analyzing the current situation of judicial review of colleges' degree-conferring rnght,and explaining the problems such as review standards and scope unclear,finally finding a suitable way to improve the judicial review system of degree-conferring right between facts and the legal norms.This paper consists of the following three parts:The first part firstly introduces the connotation of colleges'degree-conferring right,and analysis the nature of degree-conferring right is administrative power,then distinguishes the two operation modes of degree-conferring right,combines the theory and practice of judicial review of degree-conferring right,to answer the basic question of why judiciary can intervention in colleges' degree-conferring right.The second part is mainly from the perspectives of procedural,substantial and degree-conferring documents,discusses the theories of judicial review,such as due process,reasonable review and the incidental review of normative administrative instruments,then combines the current situation of judicial review and analyses existent problems therein.The third part is guided by the existing problems in the judicial review of colleges' degree-conferring right,and combined with the principle of judicial review and the operation modes of the degree-conferring right.At the end of this part,some suggestions are put forward to improve the system,such as clarifies the review standards of legal process and due process,and introduces the peer review system.