Research On The Judicial Review Standard Of Degree Revocation

In recent years,the research on degree revocation is in the ascendant.The reason is that this type of cases happen frequently in China.The revision of the regulations on academic degrees is in progress and the previous research on degree revocation by domestic scholars is less.In particular,with the withdrawal of academic degrees due to academic misconduct by many well-known people,it has aroused people's attention in the field of degree revocation.Scholars have new opinions and views on the nature of degree revocation and the due process of academic misconduct.First of all,we should make clear the necessity and inevitability of the degree revocation system,because if there is no error correction in the issuance of the degree,it will damage the significance of the degree itself.The revocation of university degree also has the necessity and inevitability of judicial review.Because of the improper revocation of degree,it is difficult for Student Appeal Committee and education administrative department to give students a fair and open opportunity to appeal.Based on the criteria of judicial review,this paper first clarifies the nature of degree revocation as the revocation of administrative license,then clarifies the legal basis of degree revocation in China,and further discusses the Actionability of degree revocation in combination with specific cases,and classifies the specific reasons of degree revocation in China into academic misconduct revocation and false enrollment qualification revocation according to the laws of China There are two major categories to realize the type discussion of degree revocation.Finally,the corresponding judicial review standards of different types of degree revocation are discussed.At present,whether the degree is revoked due to academic misconduct or the degree is revoked due to forged enrollment qualification,the judicial review standards is mainly based on the legitimacy standards,but also has its own emphasis.Finally,based on the analysis of the judicial review standards of degree revocation,some suggestions are put forward for the improvement of the degree revocation system in China,including clarifying the nature of degree revocation,refining the application of degree revocation,and strengthening the construction of degreerevocation procedure.