Research On The Entity Conditions Of Degree Revocation

In practice,academic misconduct such as degree thesis fraud and plagiarism has been found,exposing the problems of academic quality in higher education in China,and also leading to the occurrence of degree cancellation cases.The vagueness of the law on the withdrawal of degrees,such as Article 17 of the Degree Ordinance,has become the root cause of the cases that lead to the withdrawal of degrees,and the substantive conditions for the revocation of degrees have become the focus of disputes in the cases.In March 2021,the Ministry of Education published the Draft Degree Law of the People’s Republic of China(Draft for Comments)which attempts to regulate degree cancellation from the top-level design,and Article 33 lists the specific circumstances of degree cancellation,but there is still no systematic provision for the substantive standards for degree revocation.In order to effectively standardize and guide the exercise of the right to revoke degrees,maintain a stable order construction,and protect the legitimate rights and interests of students,it is necessary to make a comprehensive interpretation of the factual conditions for degree revocation.This article is divided into four parts to expand the discussion.The first part is the theoretical basis of degree cancellation.Interpret the concept and connotation of the degree revocation behavior,and clarify the legal nature of the degree revocation right.Degree revocation is an extended link of degree award,and it also has its own unique connotation.The right to cancel a degree has the dual attributes of administrative power and academic right.On the basis of defining the nature of the degree-granting behavior,the degree revocation is formalized and characterized as the revocation of administrative confirmation.The second part is the basic form of degree revocation dispute cases.By taking public degree revocation judicial cases as a research sample,analyzing the state of degree revocation judicial cases,the judicial cases are divided into two types of degree revocation due to false admissions qualifications and academic misconduct for the type analysis,so as to focus on the relevant cases in the case.The focus of controversy over the fact determination of degree revocation.The third part is the norms and issues of the substantive conditions of degree cancellation.Summarizing the content of the legal norms of degree cancellation,the content of the principle norms presents the characteristics of multiple levels of effectiveness.Recognize the different types of degree revocation detailed regulations in colleges and universities and their characteristics of varying degrees of lenient and strictness.At the same time,it reviews and analyzes the relevant provisions of the degree revocation conditions of the "Draft Law",and raises the existing problems of the substantive conditions for degree revocation on this basis,the recognition of academic misconduct revocation is unclear,the non-academic standards for degree revocation are vague,and the degree of degree revocation conditions are ignored.There are no restrictions on the right to set the standard of degree awarding.The fourth part is a perfect plan for the construction of the physical condition of degree cancellation.First,the degree revocation standards are divided into academic and non-academic types,and their substantive requirements and setting conditions are clarified respectively.Second,pay attention to the protection of the trust interests of degree winners under mixed faults,and increase the degree of degree cancellation conditions.Finally,it stipulates the scope of authority for universities to set the conditions of degree cancellation,and regulates academic and non-academic standard setting powers respectively.