Research On The Judicial Application Of Degree Revocation Cases

A degree is not only an academic title that reflects a person’s degree of education and academic level,but also an evaluation scale that measures the quality of a country’s higher education development.The degree certificate is a sign of the academic achievement of a graduate,and it is very important for the individual student.In the process of my country’s higher education development from popularization to popularization,legal disputes between students and universities due to degree issues are increasing.Among them,the degree revocation dispute is an important issue in the degree dispute,and the judicial review of the degree revocation behavior of colleges and universities is particularly necessary.In 2006,the "Chen Ying v.Sun Yat-sen University’s decision to revoke a master’s degree" opened the first case in which the court accepted a degree revocation dispute.After the occurrence of "Yu Yanru and Peking University’s decision to revoke a doctorate degree," it emerged in the society and media There was an uproar.This article first analyzes the facts,judgments,and focus of disputes in these two typical cases,and then analyzes the state of judicial review of college degree revocation behavior in the second part;in the third part,it summarizes the judicial review of college degree revocation behavior Examine some of the problems.For example,the scope of review is too narrow.Under normal circumstances,when the courts hear such cases,they often conduct reviews from three aspects: fact finding,application of law,and legal procedures.However,some courts will avoid substantive issues such as fact finding,while others will avoid procedural issues such as the application of law and legal procedures,and cannot fully review the case.When the courts review cases,there are still inconsistent review standards.There are different review standards in the three aspects of fact finding,law application,and legal procedures.This will lead to different judgments in the same case.As for some of the problems in the review process of these cases,this article puts forward suggestions for improvement in the last part.The most important thing is to establish a "comprehensive review" model.This model refers to the fact that when the court reviews the revocation of a college degree,it should conduct a comprehensive review of the facts,legal procedures,and the application of the law,and it should also make a detailed argumentation.Whether the facts of fraud and falsification identified by universities meet the requirements of degree revocation,which makes the judgment more reasonable.At the same time,unified review standards are proposed from three aspects: fact determination,law application,and legal procedures,so as to form a unified judgment thinking,and continuously improve the judicial review research of university degree revocation.