A Case Study Of Administrative Litigation For College Degrees

Since the Tian Qong case which is the first case for non-administrative organization(the school)sitting in the dock as defendant,the disputes caused by the management of university academic degree certificates are included in the scope of administrative litigation.The legal provisions on the administration of academic degree certificates in colleges and universities are ambiguous and principled which raise the issue of application.In the judicial practice of the administrative litigation of academic degree in recent five years,the legitimacy of university behavior procedures and the legitimacy of normative documents of academic degree have problems such as different examination bases,different examination standards,and different judgment results.However,guidance cases are seldom cited in such cases,and its guidance is not strong.The core of the legitimacy review of university behavior procedure is whether the students' right of statement and defense is materially affected.In order to reduce the subjectivity of judicial review,the legal procedure should be applied first in the review of the legitimacy of university behavior procedure,and the adequacy of notification,statement,defense and delivery should be specifically investigated.The legitimacy review of normative documents for academic degrees should based on the principle and spirit of the upper law.It is no longer possible to regulate the administrative power of colleges and universities only by means of the legitimacy standard.The court should strengthen the reasonableness review of the normative documents of university degrees formulated by universities,and apply the principle of proportion,prohibition of one size fits all and other evaluation norms to the reasonableness review.The intensity of judicial review should be compatible with the types of standards for degrees.The academic standards for issuing graduation certificate are limited to the completion of the teaching plan,meeting the requirements for qualified results or obtaining credits within the length of schooling.The moral standards of academic qualifications should be examined for rationality.Payment of tuition fees is not a standard for issuing graduation certificates.The judicial review of academic standards for degree awarding is mainly procedural review.To strengthen the rationality examination of the academic ethics standards of degree awarding.The standard of conduct for conferment of a degree shall be strictly examined by the court to be the same or equivalent to the standard of conduct required by law to be sufficient for non-conferment of a degree.In addition,we can improve the selection criteria,contents of the guidance cases and the guarantee system of the application of the guidance cases to enhance the guidance of the guidance cases on the same case and the same judgment.