Study On Judicial Intervention In Disputes Over Chinese Colleges Conferring Of Degrees

Along with the continuous acceleration of legal process of legislation,and the vigorous development of higher education,it has become increasingly fierce of contradiction between defending their legitimate rights and interests by law in students and striving to pursue independent running and academic autonomy in colleges.The dispute over colleges conferring of degrees has been emerged one after another since the first appearing in 1998.The court's attitude,and the scope and intensity of judicial intervention in dispute over colleges conferring of degrees have been paid close attention to by all sectors of society such as education and judicial circles.The value of judicial intervention in dispute over colleges conferring of degrees cannot be underestimated,which not only balances the conflicts of interest between colleges and students,but also controls the conferring of degrees rights in colleges to a certain extent.Judicial intervention makes up for the deficiency of non-litigation resolution mechanism for degree disputes by virtue of its advantages of neutrality,compulsion and finality.However,in the current laws and regulations,the standards and limits for judicial intervention in degree disputes in colleges are still not clear relatively.The reasons of degree disputes are complicated and varied.The influence of many factors,such as the consideration of academic protection,undoubtedly increases the difficulty of case intervention and trial,making judicial intervention in a dilemma.Reasonable control of the limits of judicial intervention is the key to solve the problem.According to the disputes facts,degree disputes in colleges can be divided into academic and non-academic degree disputes.Combined with judicial practice,the handling of some cases has already formed different modes of judicial intervention according to the differences in basic facts,and the scope and intensity of judicial intervention are adjusted accordingly.However,no clear and unified standard has been formed and widely used in judicial practice.Therefore,the typological study on judicial intervention in disputes over colleges conferring of degrees is a key point to perfect judicial intervention in colleges degree disputes.For the perfection of judicial intervention in disputes over colleges conferring of degrees,firstly,it is suggested to establish a diversified judicial intervention system according to the types of degree disputes.For academic degree disputes,strict examination of procedures and limited examination of entities should be carried out.For non-academic degree disputes,a comprehensive review of procedures and entities should be implemented.The level of judicial intervention in degree disputes should be improved by diversified intervention.In addition,it is suggested that the court can strengthen the application of the principle of rationality.What's more,it is hoped that judges can apply the principle of rationality more when examining the conferring of degrees in colleges,so as to combine legality examination with rationality examination,better protect the legitimate rights and interests of students,resolve disputes and safeguard fairness and justice.Finally,through improving and utilizing the case guidance system in degree disputes,more and more typical cases can be collected in the field of colleges degree disputes,so as to unify the limits and define the standards,make up for the deficiencies in laws and regulations,and give full play to typical case's leading and exemplary role.