An Empirical Study On Judicial Review Of Degree Awarding Cases In Colleges And Universities

In 2014,the Supreme People’s Court issued the guiding cases on degree awarding cases.In addition,in recent years,the number of degree awarding cases has increased,making the research on judicial review of degree awarding cases gradually increase in the theoretical circle and increasingly valued in the judicial practice circle.The judicial review of degree awarding cases is related to the fundamental interests of the majority of educatees and colleges and universities.If handled improperly,it will not only infringe on the legitimate rights and interests of educatees,but also make the management of colleges and universities lack of standardization.Compared with ordinary administrative cases,degree conferring administrative cases are more diversified and professional.At the same time,the dual attributes of academic freedom and administration also pose certain problems for judicial review.This paper searches the keyword of "degree award" in the Chinese judicial documents network,removes the duplication of judicial documents,and selects 107 administrative cases on degree award as the basis of empirical research.Through empirical research,it is found that the judicial review of degree awarding cases in China has the following defects: on the one hand,the legal basis for judicial review of degree awarding cases is imperfect;On the other hand,there are also corresponding problems in judicial review itself,including too modest review of substantive content,lack of due process attention in some cases,nonstandard application of the principle of proportionate punishment,and contradictory judgment results.In view of the above problems,corresponding measures should be taken to improve the defects of the judicial review of degree granting cases,including improving the legal basis for the review of degree granting cases,paying attention to the review of the substantive content of cases,clarifying the important role of procedural legality in the judicial review,following the principle of proportionate punishment and the rule of the same judgment in similar cases.In order to promote the judicial review of degree awarding cases in Colleges and universities in China to operate in a legal and reasonable order.