Research On The Rules Of University Degree Awarding

Education is the cornerstone of society,and running schools by law is the due meaning of the rule of law.At present,higher education develops rapidly,and the consciousness of students’ safeguarding their rights and interests becomes more and more intense.Since 1999,the first administrative lawsuit of colleges and universities: "Tian Yong v.University of Science and Technology Beijing for refusing to issue diplomas and degree certificates" happened,it has been common for colleges and universities to confront students in court,and the conflict between degree applicants and universities has been deepening.Tracing back to the source,most of the relevant laws and regulations on higher education and degree granting were formulated in the 1990 s,and over the past 30 years,they have gradually failed to meet the needs of practice.This paper intends to study the degree awarding rules of universities from the perspective of administrative law according to the Guiding Cases No.38 and 39 issued by the Supreme People’s Court.This paper is written according to the structure of studying the status quo of degree awarding rules,finding problems through cases,analyzing the causes of problems,and seeking countermeasures to solve problems.The second chapter analyzes the system of Chinese degree conferring rules in the first place,and focuses on the related concepts,properties and norms of the degree conferring rules.A brief review of the status quo of Chinese degree awarding rules from two dimensions of history and current situation is helpful to clarify the legal concept,clarify the research object and focus on the research problem.The third chapter relies on the Tian Yong case and He Xiaoqiang case issued by the Supreme People’s Court to analyze the guidance cases.By sorting out cases,looking for the focus of disputes and analyzing court decisions,it is found that there are some problems in the existing degree awarding rules,such as large disputes over the standard of degree awarding rules,insufficient protection of students’ rights and interests in the content of degree awarding rules,and defects in the implementation procedures of degree awarding rules.The fourth chapter analyzes the current legal system and compares the degree awarding rules independently formulated by the nine colleges and universities of C9 Alliance.Further,it is concluded that the causes of the problems in the rules of degree conferring include: the system of degree conferring rules has not been established,the standard of degree conferring is vague,the lack of right relief system and the lack of uniformity of degree conferring rules.The fifth chapter starts from the experience of foreign advanced degree conferring rules to seek solutions to the problems.This paper mainly analyzes the systems of two developed countries in which the system of American and German degree conferring is more perfect,studies their degree conferring rule formulation,implementation,supervision,degree conferring standard and so on,and explores its use to our country.The sixth chapter is the ultimate goal of this paper,aiming at the problems in the above university degree awarding rules and combining with the causes of the problems,it puts forward corresponding suggestions and countermeasures for establishing perfect university degree awarding rules,which can be started from the following aspects: It is necessary to perfect the details of university degree conferring rules,standardize the formulation and supervision of university degree conferring rules,expand the internal remedy ways of degree conferring disputes and strengthen the construction of university legal environment.Through the above methods,the loopholes can be filled in order to achieve the harmonious coexistence of "university management by law" and "academic freedom",and find the best balance between government control,university autonomy and students’ rights and interests.