On The Legislative Perfection Of The System Of Revocation Of Academic Degrees In Chinese Universities

The degree is an academic certificate issued by a university for a degree applicant.The degree of revocation of a degree in a university will have a significant impact on the degree rights and interests of the degree holder.With the continuous advancement of ruling the country according to law,in the field of higher education,the concept of managing schools according to law has been deeply rooted in the hearts of the people.The degree dispute in judicial practice reflects the reality that the legislation of the degree revocation system in China is not perfect.When a university makes decisions on the treatment of students' basic rights,it shall strictly follow the provisions of the law,regulate the exercise of the powers of higher education institutions,and protect the legitimate rights and interests of students,and try to achieve fairness and justice from the entity to the procedure.Firstly,this paper analyses the essential attributes of degree.Degree is a kind of certificate with academic and legal attributes.The degree revocation behavior has the attribute of administrative behavior,and the degree revocation behavior is the burdensome administrative behavior that derogates the degree holder's rights and interests.The exercise of the degree of revocation of a degree in a university shall follow the principles of legal administration,proportionality,and due process.The degree revocation system is a kind of error correction mechanism.The purpose of setting up the degree revocation system is to regulate the illegal activities,and also to maintain the national degree order and the quality of school degree.Secondly,it makes an in-depth theoretical analysis of degree revocation system to further clarify the connotation of degree revocation.The revocation of academic degree should satisfy the requirements of subject and content,and should follow the basic principles of administrative law.The standard of revocation of academic degree can be divided into academic and non-academic.The conditions of revocation of academic degree and the conditions of awarding academic degree should be independent and not subjectively linked.This paper makes some analysis on the "fraud" and the limitation of limitation on legal consequences in degree revocation.Finally,there are some problems in the system of degree revocation,such as unclear legal basis,vague legal conditions,lack of procedural norms and imperfect relief system.After putting forward the problems,this paper puts forward legislative thoughts and suggestions on changing the legislative concept,specifying the conditions of degree revocation,perfecting the procedure of degree revocation and improving the relief ways.