China's College Degree Awarding Regulations Judicial Review

The degree certificate is a representation of the academic achievements of graduates.At the same time,the degree award standard is also a reflection of the talent training requirements of colleges and universities.Regulating the degree award behavior has always attracted the attention of education scholars and law scholars.The school restricts the students' behavior on campus and guarantees the normal teaching management and academic development of the school through various types of internal regulations.However,if a degree certificate is not issued to the student for some reason,it may violate the legitimate rights and interests of the student.Since the "Tian Yong Case" opened the door of the court for judicial review of degree awards in universities,cases concerning degree award disputes have entered people's vision many times,triggering extensive discussions in the academic circles on degree awarding behavior.The courts have different trial standards in handling disputes concerning the award of degrees,and the attitude of the Supreme People's Court with guidance is not clear.It is also because of violation of school regulations that no degree was awarded,but in different cases the courts have reached different or even diametrically opposite judgments,some of which apply to school rules,some do not apply to school rules;some judge schools to lose,some judge schools Win the lawsuit;some loosely review the school rules and some strictly review the school rules.The Supreme People 's Court announced Guiding Case No.38 and Guiding Case No.39 in 2014,and announced two guiding cases for degree award disputes at the same time,but adopted different examination standards and the cases are also different judgment results,indicating judicial practice Such cases in China have not yet formed a unified judgment,and there is a need for improvement and standardization.There are many regulations of the school.This article refers to the school regulations related to degree awarding as "degree-granting school regulations".Degree applicants believe that colleges and universities stipulate in the relevant school regulations requirements that are not explicitly listed in the "degree regulations",and their legitimate rights and interests have been violated;colleges and universities believe that it is their autonomy to grant students degree certificates according to the school regulations.Therefore,an accurate understanding of school rules is a prerequisite for judicial review.The suability of degree-granting disputes,the legal basis for the establishment of school rules,and the legal nature of school rules affect how much courts respect the school rules of colleges and universities during judicial review.At present,the laws directly related to the degree awarding in China are mainly the "Regulations on Degrees of the People's Republic of China" and "Interim Measures for theImplementation of Degrees Regulations of the People's Republic of China".The provisions of the Degree Regulations of the People 's Republic of China are more concise and general.Article 25 of the “Interim Implementation Measures of the Degree Regulations of the People 's Republic of China” also stipulates that specific units for degree awards may formulate detailed rules for the award of schools,The regulations for not granting degrees are different in university regulations,and some regulations may not be clear or reasonable enough to cause damage to students 'rights.After conducting an empirical investigation of the school rules of 35 first-class universities in Class A,the author summarized the common situation of not granting degrees,divided the fourth and sixth grades,the number of papers,etc.into academic regulations,and divided the fights and nights.It is a non-academic rule,but it is more difficult for the behavior of the exam to violate the discipline of the examination room,because it is far from the academic center,and it is more suitable to be classified into the non-academic rule.This article intends to analyze the interpretation and application of the current law and the legal theory behind the court by combing the judgment of the typical cases of the court,and try to explore a more appropriate review mode,that is,strict review of non-academic provisions,Academic regulations are subject to lenient reviews,striving to achieve a balance between the protection of student rights,the autonomy of colleges and universities,and the exercise of judicial supervision and security functions.