The Empirical Research Of Judicial Review On Degree Disputes In Higher Education Institutions

Academic freedom is not a shield for governing school by law,nor is the education a vacuum for rule of law.Degree disputes are most closely related to students’ rights and interests,which have been the most important category in the administrative litigation of education.With the war of “robbing persons” between regions has become more and more fierce,degree as a "Talent" logo is more valuable,arousing great attention of academic world and practice world.This article is divided into four parts.The first part introduces the general theory of degree disputes;In the second part,by sorting out and analyzing judgments,it is found that the main controversy is on legal quality of Right of Degree-conferring and the status of Degree-conferring standards.The third part summarizes the problems existing in judicial review and the reasons behind.The understanding of Right of Degree-conferring is not uniform,the reviewing of Degree-conferring standards is not consistent,the value orientation of procedural review is different.These problems are caused by the complex connotation of Right of Degree-conferring,the flaws in the degree system,and the judicial restraint.The fourth part proposes the construction of judicial review path and suggestions for improving the system.The degree disputes are divided into academic disputes and non-academic disputes.Reviewing academic disputes adopts "comprehensive review and respect for academic judgment" model,should follow principals of purpose,proportion,and due process;For non-academic disputes,adopting the "comprehensive review and legality review" model,strictly in accordance with legality review standards,and the highest level of protection.In order to perfect the dgree system,the legal quality of Right of Degree-conferring and the status of Degree-conferring standards should be clarified by law;the entity norm and procedure norm of appeal system should be perfected.Making appeal as a pre-procedure for administrative reconsideration and administrative litigation to improve the system of interfacing appeals with judicial review,is significant for promoting harmonious campus construction.